Bill Text: MN HF1951 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Omnibus pensions and retirement bill.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 296 [HF1951 Detail]
Download: Minnesota-2013-HF1951-Engrossed.html
1.2relating to retirement; various Minnesota public employee retirement plans;
1.3allowing MSRS-General deferred members to vote in board elections;
1.4continuing Stevens County Housing and Redevelopment Authority employees
1.5in PERA-General; excluding fixed-route bus drivers employed by the St.
1.6Cloud Metropolitan Transit Commission from PERA-General coverage;
1.7increasing member and employer contribution rates for certain retirement
1.8plans; providing for the consolidation of the Duluth Teachers Retirement Fund
1.9Association retirement plan and fund into the statewide Teachers Retirement
1.10Association; revising an amortization target date, creating new state aid
1.11programs; appropriating money; extending a MnSCU early retirement incentive
1.12program; increasing the limit for certain reemployed MnSCU retirees; extending
1.13the applicability of a second chance at tenure retirement coverage election
1.14opportunity for MnSCU faculty members; revising investment authority for
1.15various defined contribution plans or programs; authorizing the State Board of
1.16Investment to revise, remove, or create investment options for the Minnesota
1.17supplemental investment fund; expanding permissible investments under the
1.18unclassified state employees retirement program, the public employees defined
1.19contribution plan, the deferred compensation program, and the health care savings
1.20plan; revising salary reporting requirements; clarifying retirement provision
1.21applications to sheriffs; revising local government postretirement option program
1.22requirements and extending expiration date; clarifying future postretirement
1.23adjustment rates for former members of the former Minneapolis Firefighters
1.24Relief Association and the former Minneapolis Police Relief Association; making
1.25technical changes to amortization state aid and supplemental state aid; clarifying
1.26the eligibility of independent nonprofit firefighting corporations to receive police
1.27and fire supplemental retirement state aid; implementing the recommendations
1.28of the 2013-2014 state auditor volunteer fire working group; modifying the
1.29disability benefit application deadline for certain former Wadena County sheriff's
1.30deputies; authorizing city of Duluth and Duluth Airports Authority employee
1.31salary-supplement payments coverage following Court of Appeals decision;
1.32specifying interest rate for computing joint and survivor annuities; revising
1.33postretirement adjustment triggers; revising reemployed annuitant withholding in
1.34certain divorce situations; clarifying medical advisor and resumption of teaching
1.35provisions; specifying explicit postretirement adjustment assumptions; allowing
1.36volunteer firefighter relief associations to pay state fire chiefs association dues
1.37from the special fund; authorizing MnSCU employee to elect TRA coverage and
1.38transfer past service from IRAP to TRA; clarifying the applicability of 2013
1.39postretirement adjustment modifications to certain county sheriffs; ratifying or
2.1grandparenting MSRS-Correctional plan coverage for Department of Human
2.2Services employees; allowing various service credit purchases; requiring a
2.3PERA report on certain survivor benefit amounts;amending Minnesota Statutes
2.42012, sections 3A.01, subdivision 1a; 11A.17, subdivisions 1, 9; 13.632,
2.5subdivision 1; 122A.18, subdivision 7a; 136F.481; 352.01, subdivisions 2b,
2.612; 352.03, subdivision 1, by adding a subdivision; 352.04, subdivisions 2,
2.73; 352.115, subdivisions 8, 10; 352.1155, subdivisions 1, 4; 352.90; 352.91,
2.8subdivisions 1, 2, 3c, 3d, 3e, 3f, by adding a subdivision; 352.92, subdivisions
2.91, 2; 352.965, subdivision 4, by adding subdivisions; 352.98, subdivision 2;
2.10352B.08, subdivision 3; 352D.04, by adding subdivisions; 353.01, subdivision
2.1114; 353.27, subdivisions 2, 3, 3b, 4, by adding a subdivision; 353.30, subdivision
2.123; 353.37, by adding a subdivision; 353.371, by adding a subdivision; 353.6511,
2.13subdivision 7; 353.6512, subdivision 7; 353D.05, subdivision 1, by adding a
2.14subdivision; 354.05, subdivisions 2, 7, 13; 354.42, subdivisions 2, 3; 354.44,
2.15subdivision 5; 354.445; 354.48, subdivision 6a; 354A.011, subdivisions 11, 15a,
2.1627; 354A.021, subdivision 1; 354A.092; 354A.093, subdivision 1; 354A.096;
2.17354A.12, subdivision 2; 354A.29, subdivision 8; 354A.31, subdivisions 1,
2.183a; 354A.32, subdivision 1; 354A.35, subdivision 1; 354A.37, subdivisions
2.193, 4; 354A.39; 354A.41; 354B.21, subdivisions 2, 3a; 355.01, subdivision
2.202c; 356.215, subdivision 11; 356.24, subdivision 1; 356.302, subdivision
2.217; 356.303, subdivision 4; 356.32, subdivision 2; 356.415, subdivision 1d;
2.22356.42, subdivision 3; 356.465, subdivision 3; 356.47, subdivision 3; 356.635,
2.23subdivision 6; 356.99, subdivision 1; 356A.06, subdivisions 7, 7a; 424A.015,
2.24by adding a subdivision; 424A.016, subdivisions 4, 7; 424A.05, subdivision
2.253; 424A.08; 424B.12; 490.121, subdivision 2a; Minnesota Statutes 2013
2.26Supplement, sections 69.051, subdivisions 1a, 3; 352.01, subdivision 2a; 352.03,
2.27subdivision 4; 353.01, subdivisions 2a, 2b; 353.651, subdivision 4; 354.436;
2.28354.44, subdivision 6; 354A.12, subdivisions 1, 2a, 3a, 3c; 354A.27, subdivision
2.296a; 356.20, subdivision 2; 356.214, subdivision 1; 356.215, subdivision 8;
2.30356.219, subdivision 8; 356.30, subdivision 3; 356.401, subdivision 3; 356.415,
2.31subdivisions 1a, 1c, 1e, 1f; 356.91; 363A.36, subdivision 1; 423A.02, subdivision
2.323; 423A.022, subdivisions 2, 3; 424A.016, subdivision 6; 424A.02, subdivisions
2.333, 7; 424A.092, subdivision 6; 424A.093, subdivisions 2, 6; 424A.094,
2.34subdivision 2; 424A.10, subdivision 2; Laws 2009, chapter 169, article 5,
2.35section 2, as amended; article 6, section 1; proposing coding for new law in
2.36Minnesota Statutes, chapters 354; 354A; 356; repealing Minnesota Statutes 2012,
2.37sections 11A.17, subdivision 4; 352.965, subdivision 5; 352D.04, subdivision 1;
2.38353D.05, subdivision 2; 354A.021, subdivision 5; 354A.108; 354A.24; 354A.27,
2.39subdivision 5; 356.415, subdivision 3; Minnesota Statutes 2013 Supplement,
2.40sections 354A.27, subdivisions 6a, 7; 354A.31, subdivision 4a.
2.41BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.44 Section 1. Minnesota Statutes 2013 Supplement, section 352.01, subdivision 2a,
2.45is amended to read:
2.46 Subd. 2a. Included employees. (a) "State employee" includes:
2.47 (1) employees of the Minnesota Historical Society;
2.48 (2) employees of the State Horticultural Society;
2.49 (3) employees of the Minnesota Crop Improvement Association;
3.1 (4) employees of the adjutant general whose salaries are paid from federal funds and
3.2who are not covered by any federal civilian employees retirement system;
3.3 (5) employees of the Minnesota State Colleges and Universities who are employed
3.4under the university or college activities program;
3.5 (6) currently contributing employees covered by the system who are temporarily
3.6employed by the legislature during a legislative session or any currently contributing
3.7employee employed for any special service as defined in subdivision 2b, clause (8);
3.8 (7) employees of the legislature who are appointed without a limit on the duration
3.9of their employment and persons employed or designated by the legislature or by a
3.10legislative committee or commission or other competent authority to conduct a special
3.11inquiry, investigation, examination, or installation;
3.12 (8) trainees who are employed on a full-time established training program
3.13performing the duties of the classified position for which they will be eligible to receive
3.14immediate appointment at the completion of the training period;
3.15 (9) employees of the Minnesota Safety Council;
3.16 (10) any employees who are on authorized leave of absence from the Transit
3.17Operating Division of the former Metropolitan Transit Commission and who are employed
3.18by the labor organization which is the exclusive bargaining agent representing employees
3.19of the Transit Operating Division;
3.20 (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
3.21Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
3.22Control Commission unless excluded under subdivision 2b or are covered by another
3.23public pension fund or plan under section473.415, subdivision 3 ;
3.24 (12) judges of the Tax Court;
3.25 (13) personnel who were employed on June 30, 1992, by the University of
3.26Minnesota in the management, operation, or maintenance of its heating plant facilities,
3.27whose employment transfers to an employer assuming operation of the heating plant
3.28facilities, so long as the person is employed at the University of Minnesota heating plant
3.29by that employer or by its successor organization;
3.30 (14) personnel who are employed as seasonal employees in the classified or
3.31unclassified service;
3.32 (15) persons who are employed by the Department of Commerce as a peace officer
3.33in the Commerce Fraud Bureau under section45.0135 who have attained the mandatory
3.34retirement age specified in section43A.34, subdivision 4 ;
3.35 (16) employees of the University of Minnesota unless excluded under subdivision
3.362b, clause (3);
4.1 (17) employees of the Middle Management Association whose employment began
4.2after July 1, 2007, and to whom section352.029 does not apply;
4.3 (18) employees of the Minnesota Government Engineers Council to whom section
4.4352.029
does not apply;
4.5(19) employees of the Minnesota Sports Facilities Authority;and
4.6(20) employees of the Minnesota Association of Professional Employees.;
4.7(21) employees of the Minnesota State Retirement System;
4.8(22) employees of the State Agricultural Society;
4.9(23) employees of the Gillette Children's Hospital Board who were employed in the
4.10state unclassified service at the former Gillette Children's Hospital on March 28, 1974; and
4.11(24) if approved for coverage by the Board of Directors of Conservation Corps
4.12Minnesota, employees of Conservation Corps Minnesota so employed on June 30, 2003.
4.13 (b) Employees specified in paragraph (a), clause (13), are included employees under
4.14paragraph (a) if employer and employee contributions are made in a timely manner in the
4.15amounts required by section352.04 . Employee contributions must be deducted from
4.16salary. Employer contributions are the sole obligation of the employer assuming operation
4.17of the University of Minnesota heating plant facilities or any successor organizations to
4.18that employer.
4.19EFFECTIVE DATE.This section is effective July 1, 2014.
4.20 Sec. 2. Minnesota Statutes 2012, section 352.01, subdivision 2b, is amended to read:
4.21 Subd. 2b. Excluded employees. "State employee" does not include:
4.22 (1) persons who are:
4.23 (i) studentswho are employed by the University of Minnesota, or within the
4.24Minnesota State Colleges and Universities system, unless approved for coverage by
4.25the Board of Regents of the University of Minnesota or the Board of Trustees of the
4.26Minnesota State Colleges and Universities, whicheveris applicable applies;
4.27(ii) employed as interns for a period not to exceed six months unless included under
4.28subdivision 2a, paragraph (a), clause (8);
4.29(iii) employed as trainee employees unless included under subdivision 2a, paragraph
4.30(a), clause (8); or
4.31(iv) employed in the student worker classification as designated by Minnesota
4.32Management and Budget;
4.33 (2) employees who are:
4.34 (i) eligible for membership in the state Teachers Retirement Association,except
4.35employees unless the person is an employee of the Department of Education who have
5.1chosen or may choose elected to be covered by the general state employees retirement plan
5.2of the Minnesota State Retirement System instead of the Teachers Retirement Association;
5.3 (ii) employees of the state who, in any year, were credited with 12 months of
5.4allowable service as a public school teacher and, as such, are members of a retirement plan
5.5governed by chapter 354 or 354A unless the employment is incidental employment as a
5.6state employee that is not covered by a retirement plan governed by chapter 354 or 354A;
5.7 (iii) employees of the state who are employed by the Board of Trustees of the
5.8Minnesota State Colleges and Universities in an unclassified position that is listed in
5.9section 43A.08, subdivision 1, clause (9);
5.10 (iv) persons employed by the Board of Trustees of the Minnesota State Colleges and
5.11Universities who elected retirement coverage other than by the general state employees
5.12retirement plan of the Minnesota State Retirement System under Minnesota Statutes
5.131994, section 136C.75;
5.14 (v) officers or enlisted personnel in the National Guard or in the naval militia who
5.15are assigned to permanent peacetime duty and who are or are required to be members of a
5.16federal retirement system under federal law;
5.17 (vi) persons employed by the Department of Military Affairs as full-time firefighters
5.18and who, as such, are members of the public employees police and fire retirement plan;
5.19 (vii) members of the State Patrol retirement plan under section 352B.011,
5.20subdivision 10;
5.21 (viii) off-duty police officers while employed by the Metropolitan Council and
5.22persons employed as full-time police officers by the Metropolitan Council and who, as
5.23such, are members of the public employees police and fire retirement plan; and
5.24 (ix) employees of the state who have elected to transfer account balances derived
5.25from state service to the unclassified state employees retirement program under section
5.26352D.02, subdivision 1d;
5.27 (3) employees of the University of Minnesota who are excluded from coverage by
5.28action of the Board of Regents;
5.29(4) officers and enlisted personnel in the National Guard and the naval militia who
5.30are assigned to permanent peacetime duty and who under federal law are or are required to
5.31be members of a federal retirement system;
5.32(5) (4) election officers judges and persons who are employed solely to administer
5.33elections;
5.34(6) (5) persons who are:
5.35 (i) engaged in public work for the state but who are employed by contractors when the
5.36performance of the contract is authorized by the legislature or other competent authority;
6.1(7) officers and employees of the senate, or of the house of representatives, or of a
6.2legislative committee or commission who are temporarily employed;
6.3(ii) employed to perform professional services where the service is incidental to the
6.4person's regular professional duties and where compensation is paid on a per diem basis; or
6.5(iii) compensated on a fee payment basis or as an independent contractor;
6.6(6) persons who are employed:
6.7(i) on a temporary basis by the house of representatives, the senate, or a legislative
6.8commission or agency under the jurisdiction of the Legislative Coordinating Commission;
6.9(ii) as a temporary employee on or after July 1 for a period ending on or before
6.10October 15 of that calendar year for the Minnesota State Agricultural Society or the
6.11Minnesota State Fair, or as an employee at any time for a special event held on the
6.12fairgrounds;
6.13(iii) by the executive branch as a temporary employee in the classified service or
6.14as an executive branch temporary employee in the unclassified service if appointed for a
6.15definite period not to exceed six months, and if employment is less than six months, then
6.16in any 12-month period;
6.17(iv) by the adjutant general if employed on an unlimited intermittent or temporary
6.18basis in the classified service or in the unclassified service for the support of Army or Air
6.19National Guard training facilities;
6.20(v) by a state or federal program for training or rehabilitation as a temporary
6.21employee if employed for a limited period from an area of economic distress and if other
6.22than a skilled or supervisory personnel position or other than a position that has civil
6.23service status covered by the retirement system; and
6.24(vi) by the Metropolitan Council or a statutory board of the Metropolitan Council
6.25where the members of the board are appointed by the Metropolitan Council as a temporary
6.26employee if the appointment does not exceed six months;
6.27(8) (7) receivers, jurors, notaries public, and court employees who are not in the
6.28judicial branch as defined in section43A.02, subdivision 25 , except referees and adjusters
6.29employed by the Department of Labor and Industry;
6.30(9) (8) patient and inmate help who perform services in state charitable, penal, and
6.31correctional institutions, includingthe a Minnesota Veterans Home;
6.32(10) persons who are employed for professional services where the service is
6.33incidental to their regular professional duties and whose compensation is paid on a per
6.34diem basis;
6.35(11) (9) employees of the Sibley House Association;
6.36(10) persons who are:
7.1(12) the (i) members of any state board or commission who serve the state
7.2intermittently and are paid on a per diem basis;, the secretary, secretary-treasurer, and
7.3treasurer of those boards if their compensation is $5,000 or less per year, or, if they are
7.4legally prohibited from serving more than three years;, and the board of managers of the
7.5State Agricultural Society and its treasurer unless the treasurer is also its full-time secretary;
7.6(13) state troopers and persons who are described in section
352B.011, subdivision
7.710
, clauses (2) to (8);
7.8(14) temporary employees of the Minnesota State Fair who are employed on or
7.9after July 1 for a period not to extend beyond October 15 of that year; and persons who
7.10are employed at any time by the state fair administration for special events held on the
7.11fairgrounds;
7.12(ii) examination monitors employed by a department, agency, commission, or board
7.13of the state to conduct examinations that are required by law; or
7.14(iii) appointees serving as a member of a fact-finding commission or an adjustment
7.15panel, an arbitrator, or a labor referee under chapter 179;
7.16(15) (11) emergency employees who are in the classified service; except that,
7.17but if an emergency employee, within the same pay period, becomes a provisional or
7.18probationary employee on other than a temporary basis, the employee must be considered
7.19a "state employee" retroactively to the beginning of the pay period;
7.20(16) temporary employees in the classified service, and temporary employees in the
7.21unclassified service who are appointed for a definite period of not more than six months
7.22and who are employed less than six months in any one-year period;
7.23(17) interns who are hired for six months or less and trainee employees, except
7.24those listed in subdivision 2a, clause (8);
7.25(18) persons whose compensation is paid on a fee basis or as an independent
7.26contractor;
7.27(19) state employees who are employed by the Board of Trustees of the Minnesota
7.28State Colleges and Universities in unclassified positions enumerated in section
43A.08,
7.29subdivision 1
, clause (9);
7.30(20) state employees who in any year have credit for 12 months service as teachers
7.31in the public schools of the state and as teachers are members of the Teachers Retirement
7.32Association or a retirement system in St. Paul, Minneapolis, or Duluth, except for
7.33incidental employment as a state employee that is not covered by one of the teacher
7.34retirement associations or systems;
8.1(21) employees of the adjutant general who are employed on an unlimited
8.2intermittent or temporary basis in the classified or unclassified service for the support of
8.3Army and Air National Guard training facilities;
8.4(22) chaplains and nuns (12) persons who are members of a religious order who are
8.5excluded from coverage under the federal Old Age, Survivors, Disability, and Health
8.6Insurance Program for the performance of service as specified in United States Code, title
8.742, section 410(a)(8)(A), as amended, if no irrevocable election of coverage has been
8.8made under section 3121(r) of the Internal Revenue Code of 1986, as amendedthrough
8.9December 31, 1992;
8.10(23) examination monitors who are employed by departments, agencies,
8.11commissions, and boards to conduct examinations required by law;
8.12(24) persons who are appointed to serve as members of fact-finding commissions or
8.13adjustment panels, arbitrators, or labor referees under chapter 179;
8.14(25) temporary employees who are employed for limited periods under any state or
8.15federal program for training or rehabilitation, including persons who are employed for
8.16limited periods from areas of economic distress, but not including skilled and supervisory
8.17personnel and persons having civil service status covered by the system;
8.18(26) full-time students who are employed by the Minnesota Historical Society
8.19intermittently during part of the year and full-time during the summer months;
8.20(27) temporary employees who are appointed for not more than six months, of
8.21the Metropolitan Council and of any of its statutory boards, if the board members are
8.22appointed by the Metropolitan Council;
8.23(28) persons who are employed in positions designated by the Department of
8.24Management and Budget as student workers;
8.25(29) (13) members of trades who are employed by the successor to the Metropolitan
8.26Waste Control Commission, who have trade union pension plan coverage under a
8.27collective bargaining agreement, and who are first employed after June 1, 1977;
8.28(30) off-duty peace officers while employed by the Metropolitan Council;
8.29(31) persons who are employed as full-time police officers by the Metropolitan
8.30Council and as police officers are members of the public employees police and fire fund;
8.31(32) persons who are employed as full-time firefighters by the Department of Military
8.32Affairs and as firefighters are members of the public employees police and fire fund;
8.33(33) (14) foreign citizens who are employed under a work permit of less than three
8.34years, or under an H-1b/JV H-1b visa or a J-1 visa that is initially valid for less than three
8.35years of employment, unless notice of a visa extensionis supplied which allows them to
8.36work for three or more years as of the date that the extension is granted and is supplied to
9.1the retirement plan, in which casethey are the person is eligible for coverage from the date
9.2extended of the extension; and
9.3(34) persons who are employed by the Board of Trustees of the Minnesota State
9.4Colleges and Universities and who elected to remain members of the Public Employees
9.5Retirement Association or of the MERF division of the Public Employees Retirement
9.6Association as the successor of the Minneapolis Employees Retirement Fund, whichever
9.7applies, under Minnesota Statutes 1994, section
136C.75; and
9.8(35) employees who have elected to transfer service to the unclassified program
9.9under section
352D.02, subdivision 1d.
9.10(15) reemployed annuitants of the general state employees retirement plan, the
9.11military affairs personnel retirement plan, the transportation department pilots retirement
9.12plan, the state fire marshal employees retirement plan, or the correctional state employees
9.13retirement plan during the course of that reemployment.
9.14EFFECTIVE DATE.This section is effective July 1, 2014.
9.15 Sec. 3. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2a, is
9.16amended to read:
9.17 Subd. 2a. Included employees; mandatory membership. (a) Public employees
9.18whose annual salaryexceeds $425 in any month from one governmental subdivision is
9.19stipulated in advance to exceed $5,100 if the person is not a school year employee or
9.20$3,800 if the person is a school year employee and who are not specifically excluded under
9.21subdivision 2b or who have not been provided an option to participate under subdivision
9.222d, whether individually or by action of the governmental subdivision, must participate as
9.23members of the association with retirement coverage by the general employees retirement
9.24plan under this chapter, the public employees police and fire retirement plan under this
9.25chapter, or the local government correctional employees retirement plan under chapter
9.26353E, whichever applies. Membership commences as a condition of their employment on
9.27the first day of their employment or on the first day that the eligibility criteria are met,
9.28whichever is later. Public employees include but are not limited to:
9.29(1) persons whose salary meets the threshold in this paragraph from employment in
9.30one or more positions within one governmental subdivision;
9.31(2) elected county sheriffs;
9.32(3) persons who are appointed, employed, or contracted to perform governmental
9.33functions that by law or local ordinance are required of a public officer, including, but
9.34not limited to:
9.35(i) town and city clerk or treasurer;
10.1(ii) county auditor, treasurer, or recorder;
10.2(iii) city manager as defined in section353.028 who does not exercise the option
10.3provided under subdivision 2d; or
10.4(iv) emergency management director, as provided under section12.25 ;
10.5(4) physicians under section353D.01, subdivision 2 , who do not elect public
10.6employees defined contribution plan coverage under section353D.02, subdivision 2 ;
10.7(5) full-time employees of the Dakota County Agricultural Society;
10.8(6) employees of the Red Wing Port Authority who were first employed by the
10.9Red Wing Port Authority before May 1, 2011, and who are not excluded employees
10.10under subdivision 2b;and
10.11(7) employees of the Seaway Port Authority of Duluth who are not excluded
10.12employees under subdivision 2b.
10.13(8) employees of the Stevens County Housing and Redevelopment Authority who
10.14were first employed by the Stevens County Housing and Redevelopment Authority before
10.15May 1, 2014, and who are not excluded employees under subdivision 2b; and
10.16(9) employees of the Public Employees Retirement Association.
10.17 (b) A public employee or elected official who was a member of the association on
10.18June 30, 2002, based on employment that qualified for membership coverage by the public
10.19employees retirement plan or the public employees police and fire plan under this chapter,
10.20or the local government correctional employees retirement plan under chapter 353E as of
10.21June 30, 2002, retains that membership for the duration of the person's employment in that
10.22position or incumbency in elected office. Except as provided in subdivision 28, the person
10.23shall participate as a member until the employee or elected official terminates public
10.24employment under subdivision 11a or terminates membership under subdivision 11b.
10.25(c) If in any subsequent year the annual salary of an included public employee is
10.26less than$425 in any subsequent month the minimum salary threshold specified in this
10.27subdivision, the member retains membership eligibility.
10.28(d) For the purpose of participation in the MERF division of the general employees
10.29retirement plan, public employees include employees who were members of the former
10.30Minneapolis Employees Retirement Fund on June 29, 2010, and who participate as
10.31members of the MERF division of the association.
10.32EFFECTIVE DATE.The amendments to paragraphs (b) and (d) are effective the
10.33day following final enactment. The amendments to paragraphs (a) and (c) are effective
10.34January 1, 2015.
11.1 Sec. 4. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b, is
11.2amended to read:
11.3 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
11.4to participate as members of the association with retirement coverage by the general
11.5employees retirement plan, the local government correctional employees retirement plan
11.6under chapter 353E, or the public employees police and fire retirement plan:
11.7 (1) persons whose annual salary from one governmental subdivision never exceeds
11.8 an amount, stipulated in writing in advance, of $5,100 if the person is not a school district
11.9employee or $3,800 if the person is a school year employee. If annual compensation from
11.10one governmental subdivision to an employee exceeds the stipulated amount in a calendar
11.11year or a school year, whichever applies, after being stipulated in advance not to exceed
11.12the applicable amount, the stipulation is no longer valid and contributions must be made
11.13on behalf of the employee under section 353.27, subdivision 12, from the first month in
11.14which the employee received salary exceeding $425 in a month;
11.15(2) public officers who are elected to a governing body, city mayors, or persons who
11.16are appointed to fill a vacancy in an elective office of a governing body, whose term of office
11.17commences on or after July 1, 2002, for the service to be rendered in that elective position;
11.18 (3)election officers or election judges and persons employed solely to administer
11.19elections;
11.20 (4) patient and inmate personnel who perform services for a governmental
11.21subdivision;
11.22 (5) except as otherwise specified in subdivision 12a, employees who arehired for
11.23 employed solely in a temporary position as defined under subdivision 12a, and employees
11.24who resign from a nontemporary position and accept a temporary position within 30 days
11.25of that resignation in the same governmental subdivision;
11.26 (6) employees who are employed by reason of work emergency caused by fire,
11.27flood, storm, or similar disaster, but if the person becomes a probationary or provisional
11.28employee within the same pay period, other than on a temporary basis, the person is a
11.29"public employee" retroactively to the beginning of the pay period;
11.30 (7) employees who by virtue of their employment in one governmental subdivision
11.31are required by law to be a member of and to contribute to any of the plans or funds
11.32administered by the Minnesota State Retirement System, the Teachers Retirement
11.33Association, the Duluth Teachers Retirement Fund Association,and or the St. Paul
11.34Teachers Retirement Fund Association., but this clause exclusion must not be construed
11.35to prevent a person from being a member of and contributing to the Public Employees
11.36Retirement Association and also belonging to and contributing to another public pension
12.1plan or fund for other service occurring during the same period of time., and a person who
12.2meets the definition of "public employee" in subdivision 2 by virtue of other service
12.3occurring during the same period of time becomes a member of the association unless
12.4contributions are made to another public retirementfund plan on the salary based on the
12.5other service or to the Teachers Retirement Association by a teacher as defined in section
12.6354.05, subdivision 2
;
12.7 (8) persons who are members of a religious order and are excluded from coverage
12.8under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
12.9performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
12.10as amendedthrough January 1, 1987, if no irrevocable election of coverage has been made
12.11under section 3121(r) of the Internal Revenue Code of 1954, as amended;
12.12 (9)employees of persons who are:
12.13 (i) employed by a governmental subdivision who have not reached the age of 23
12.14and who are enrolled on a full-time basis to attend or are attending classes on a full-time
12.15basis at an accredited school, college, or university in an undergraduate, graduate, or
12.16professional-technical program, or at a public or charter high school;
12.17(10) (ii) employed as resident physicians, medical interns, and pharmacist residents
12.18and, or pharmacist interns who and are serving in a degree or residency program in a
12.19publichospitals hospital or clinics in a public clinic; or
12.20(11) (iii) students who are serving for up a period not to exceed five years in an
12.21internship or a residency program that is sponsored by a governmental subdivision,
12.22including an accredited educational institution;
12.23(12) (10) persons who hold a part-time adult supplementary technical college license
12.24who render part-time teaching service in a technical college;
12.25(13) (11) except for employees of Hennepin County or employees of Hennepin
12.26Healthcare System, Inc., foreign citizens who are employed by a governmental subdivision
12.27under a work permit, or under an H-1b visa initially issued or extended for a combined
12.28period of less than three years of employment. but upon extension of the employment
12.29of the visa beyond the three-year period, the foreigncitizens citizen must be reported
12.30for membership beginning on the first of the monththereafter provided following the
12.31extension if the monthly earnings threshold as provided under subdivision 2a is met;
12.32(14) (12) public hospital employees who elected not to participate as members
12.33of the association before 1972 and who did not elect to participate from July 1, 1988,
12.34to October 1, 1988;
12.35(15) (13) except as provided in section
353.86 , volunteer ambulance service
12.36personnel, as defined in subdivision 35, but persons who serve as volunteer ambulance
13.1service personnel may still qualify as public employees under subdivision 2 and may
13.2be members of the Public Employees Retirement Association and participants in the
13.3general employees retirement plan or the public employees police and fire plan, whichever
13.4applies, on the basis of compensation received from public employment service other than
13.5service as volunteer ambulance service personnel;
13.6(16) (14) except as provided in section
353.87 , volunteer firefighters, as defined in
13.7subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
13.8but a person who is a volunteer firefighter may still qualify as a public employee under
13.9subdivision 2 and may be a member of the Public Employees Retirement Association and
13.10a participant in the general employees retirement plan or the public employees police
13.11and fire plan, whichever applies, on the basis of compensation received from public
13.12employment activities other than those as a volunteer firefighter;
13.13(17) (15) pipefitters and associated trades personnel employed by Independent
13.14School District No. 625, St. Paul, with coverage under a collective bargaining agreement
13.15by the pipefitters local 455 pension plan who were either first employed after May 1,
13.161997, or, if first employed before May 2, 1997, elected to be excluded under Laws 1997,
13.17chapter 241, article 2, section 12;
13.18(18) (16) electrical workers, plumbers, carpenters, and associated trades personnel
13.19who are employed by Independent School District No. 625, St. Paul, or the city of St.
13.20Paul, who have retirement coverage under a collective bargaining agreement by the
13.21Electrical Workers Local 110 pension plan, the United Association Plumbers Local 34
13.22pension plan, or the pension plan applicable to Carpenters Local87 322 who were either
13.23first employed after May 1, 2000, or, if first employed before May 2, 2000, elected to be
13.24excluded under Laws 2000, chapter 461, article 7, section 5;
13.25(19) (17) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
13.26painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
13.27or Independent School District No. 625, St. Paul, with coverage under a collective
13.28bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
13.29the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
13.30pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
13.31Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
13.32first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
13.33Session chapter 10, article 10, section 6;
13.34(20) (18) plumbers who are employed by the Metropolitan Airports Commission,
13.35with coverage under a collective bargaining agreement by the Plumbers Local 34 pension
13.36plan, who either were first employed after May 1, 2001, or if first employed before May 2,
14.12001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
14.210, section 6;
14.3(21) (19) employees who are hired after June 30, 2002, solely to fill seasonal positions
14.4under subdivision 12b which are limited in duration by the employer to 185 consecutive
14.5calendar days or less in each year of employment with the governmental subdivision;
14.6(22) (20) persons who are provided supported employment or work-study positions
14.7by a governmental subdivision and who participate in an employment or industries
14.8program maintained for the benefit of these persons where the governmental subdivision
14.9limits the position's duration to up to five years, including persons participating in a
14.10federal or state subsidized on-the-job training, work experience, senior citizen, youth, or
14.11unemployment relief program where the training or work experience is not provided as a
14.12part of, or for, future permanent public employment;
14.13(23) (21) independent contractors and the employees of independent contractors;
14.14(24) (22) reemployed annuitants of the association during the course of that
14.15reemployment; and
14.16(25) (23) persons appointed to serve on a board or commission of a governmental
14.17subdivision or an instrumentality thereof.; and
14.18(24) persons employed as full-time fixed-route bus drivers by the St. Cloud
14.19Metropolitan Transit Commission who are members of the International Brotherhood
14.20of Teamsters Local 638 and who are, by virtue of that employment, members of the
14.21International Brotherhood of Teamsters Central States pension plan.
14.22(b) Any person performing the duties of a public officer in a position defined in
14.23subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
14.24employee of an independent contractor.
14.25EFFECTIVE DATE.This section is effective January 1, 2015, except paragraph
14.26(a), clause (24), which is effective retroactively from August 1, 1986.
14.27 Sec. 5. Minnesota Statutes 2012, section 353.27, is amended by adding a subdivision
14.28to read:
14.29 Subd. 10a. Written disclosure of membership exclusion determination. If the
14.30determination by the employer under section 353.01, subdivision 2a, paragraph (a), is to
14.31exclude a public employee from membership, the governmental subdivision shall provide
14.32the employee with a written notice of the exclusion on a form prescribed by the executive
14.33director. The notice must include the statutory basis for the exclusion and information
14.34about the employee's right to appeal the determination to the association under section
15.1356.96. The employer must provide the exclusion notice to the employee within two
15.2weeks of the date of the determination and shall retain a copy in the person's personnel file.
15.3EFFECTIVE DATE.This section is effective January 1, 2015.
15.4 Sec. 6. Minnesota Statutes 2012, section 354.05, subdivision 2, is amended to read:
15.5 Subd. 2. Teacher. (a) "Teacher" means:
15.6(1) a person who renders service as a teacher, supervisor, principal, superintendent,
15.7librarian, nurse, counselor, social worker, therapist, or psychologist in a public school of
15.8the statelocated outside of the corporate limits of the city of Duluth or the city of St. Paul
15.9 other than in Independent School District No. 625 or in Independent School District No.
15.10709, or in any charter school, irrespective of the location of the school, or in any charitable,
15.11penal, or correctional institutions of a governmental subdivision, or who is engaged in
15.12educational administration in connection with the state public school system,but excluding
15.13the University of Minnesota, whether the position be a public office or an employment, and
15.14not including the members or officers of any general governing or managing board or body;
15.15(2) an employee of the Teachers Retirement Association;
15.16(3) a person who renders teaching service on a part-time basis and who also renders
15.17other services for a single employing unit. A person whose where the teaching service
15.18comprises at least 50 percent of the combined employment salary is a member of the
15.19association for all services with the single employing unit. If the person's teaching service
15.20comprises or, if less than 50 percent of the combined employment salary, the executive
15.21directormust determine whether determines all or none of the combined service is covered
15.22by the association; or
15.23(4) a person who is not covered by the plans established under chapter 352D, 354A,
15.24or 354B and who is employed by the Board of Trustees of the Minnesota State Colleges
15.25and Universities system in an unclassified position as:
15.26(i) a president, vice-president, or dean;
15.27(ii) a manager or a professional in an academic or an academic support program
15.28other than specified in item (i);
15.29(iii) an administrative or a service support faculty position; or
15.30(iv) a teacher or a research assistant.
15.31(b) "Teacher" does not mean:
15.32(1) a person who works for a school or institution as an independent contractor as
15.33defined by the Internal Revenue Service;
15.34(2) a person who renders part-time teaching service or who is a customized trainer
15.35as defined by the Minnesota State Colleges and Universities system if (i) the service is
16.1incidental to the regular nonteaching occupation of the person; and (ii) the employer
16.2stipulates annually in advance that the part-time teaching service or customized training
16.3service will not exceed 300 hours in a fiscal year and retains the stipulation in its records;
16.4and (iii) the part-time teaching service or customized training service actually does not
16.5exceed 300 hours in a fiscal year; or
16.6(3) a person exempt from licensure under section122A.30 .;
16.7(4) annuitants of the teachers retirement plan who are employed after retirement by
16.8an employing unit that participates in the teachers retirement plan during the course of
16.9that reemployment;
16.10(5) a person who is employed by the University of Minnesota;
16.11(6) a member or an officer of any general governing or managing board or body of
16.12an employing unit that participates in the teachers retirement plan; or
16.13(7) a person employed by Independent School District No. 625 or Independent
16.14School District No. 709 as a teacher as defined in section 354A.011, subdivision 27.
16.15EFFECTIVE DATE.This section is effective July 1, 2014.
16.16 Sec. 7. Minnesota Statutes 2012, section 354A.011, subdivision 27, is amended to read:
16.17 Subd. 27. Teacher. (a) "Teacher" means any person who renders service for a public
16.18school district, other than a charter school, located in the corporate limits of Duluth or
16.19St. Paul, as any of the following:
16.20(1) a full-time employee in a position for which a valid license from the state
16.21Department of Education is required;
16.22(2) an employee of the teachers retirement fund association located in the city of
16.23the first class;
16.24(3) a part-time employee in a position for which a valid license from the state
16.25Department of Education is required; or
16.26(4) a part-time employee in a position for which a valid license from the state
16.27Department of Education is required who also renders other nonteaching services for the
16.28school district, unless the board of trustees of the teachers retirement fund association
16.29determines that the combined employment is on the whole so substantially dissimilar to
16.30teaching service that the service may not be covered by the association.
16.31(b) The term does not mean any person who renders service in the school district
16.32as any of the following:
16.33(1) an independent contractor or the employee of an independent contractor;
17.1(2) an employee who is a full-time teacher covered by the Teachers Retirement
17.2Association or by another teachers retirement fund association established pursuant to this
17.3chapter or chapter 354;
17.4(3) an employee who is exempt from licensure pursuant to section122A.30 ;
17.5(4) an employee who is a teacher in a technical college located in a city of the first
17.6class unless the person elects coverage by the applicable first class city teacher retirement
17.7fund association under section354B.21, subdivision 2 ;
17.8(5) a teacher employed by a charter school, irrespective of the location of the
17.9school;or
17.10(6) an employee who is a part-time teacher in a technical college in a city of the first
17.11class and who has elected coverage by the applicable first class city teacher retirement
17.12fund association under section354B.21, subdivision 2 , but (i) the teaching service is
17.13incidental to the regular nonteaching occupation of the person; (ii) the applicable technical
17.14college stipulates annually in advance that the part-time teaching service will not exceed
17.15300 hours in a fiscal year; and (iii) the part-time teaching actually does not exceed 300
17.16hours in the fiscal year to which the certification applies.; or
17.17(7) a person who is receiving a retirement annuity from the Teachers Retirement
17.18Fund Association and is employed after retirement by the school district associated with
17.19the retirement fund association.
17.20EFFECTIVE DATE.This section is effective July 1, 2014.
17.21 Sec. 8. Minnesota Statutes 2012, section 356.24, subdivision 1, is amended to read:
17.22 Subdivision 1. Restriction; exceptions. It is unlawful for a school district or other
17.23governmental subdivision or state agency to levy taxes for or to contribute public funds to
17.24a supplemental pension or deferred compensation plan that is established, maintained,
17.25and operated in addition to a primary pension program for the benefit of the governmental
17.26subdivision employees other than:
17.27 (1) to a supplemental pension plan that was established, maintained, and operated
17.28before May 6, 1971;
17.29 (2) to a plan that provides solely for group health, hospital, disability, or death
17.30benefits;
17.31 (3) to the individual retirement account plan established by chapter 354B;
17.32 (4) to a plan that provides solely for severance pay under section465.72 to a retiring
17.33or terminating employee;
17.34 (5) for employees other than personnel employed by the Board of Trustees of the
17.35Minnesota State Colleges and Universities and covered under the Higher Education
18.1Supplemental Retirement Plan under chapter 354C, but including city managers covered
18.2by an alternative retirement arrangement under section353.028 , subdivision 3, paragraph
18.3(a), or by the defined contribution plan of the Public Employees Retirement Association
18.4under section353.028 , subdivision 3, paragraph (b), if the supplemental plan coverage is
18.5provided for in a personnel policy of the public employer or in the collective bargaining
18.6agreement between the public employer and the exclusive representative of public
18.7employees in an appropriate unit or in the individual employment contract between a city
18.8and a city manager, and if for each available investment all fees and historic rates of return
18.9for the prior one-, three-, five-, and ten-year periods, or since inception, are disclosed in an
18.10easily comprehended document not to exceed two pages, in an amount matching employee
18.11contributions on a dollar for dollar basis, but not to exceed an employer contribution of
18.12one-half of the available elective deferral permitted per year per employee, under the
18.13Internal Revenue Code:
18.14 (i) to the state of Minnesota deferred compensation plan under section352.965 ;
18.15 (ii) in payment of the applicable portion of the contribution made to any investment
18.16eligible under section 403(b) of the Internal Revenue Code, if the employing unit has
18.17complied with any applicable pension plan provisions of the Internal Revenue Code with
18.18respect to the tax-sheltered annuity program during the preceding calendar year; or
18.19 (iii) any other deferred compensation plan offered by the employer under section
18.20457 of the Internal Revenue Code;
18.21 (6) for personnel employed by the Board of Trustees of the Minnesota State Colleges
18.22and Universities and not covered by clause (5), to the supplemental retirement plan under
18.23chapter 354C, if the supplemental plan coverage is provided for in a personnel policy
18.24or in the collective bargaining agreement of the public employer with the exclusive
18.25representative of the covered employees in an appropriate unit, in an amount matching
18.26employee contributions on a dollar for dollar basis, but not to exceed an employer
18.27contribution of $2,700 a year for each employee;
18.28 (7) to a supplemental plan or to a governmental trust to save for postretirement
18.29health care expenses qualified for tax-preferred treatment under the Internal Revenue
18.30Code, if the supplemental plan coverage is provided for in a personnel policy or in the
18.31collective bargaining agreement of a public employer with the exclusive representative of
18.32the covered employees in an appropriate unit;
18.33 (8) to the laborers national industrial pension fund or to a laborers local pension fund
18.34for the employees of a governmental subdivision who are covered by a collective bargaining
18.35agreement that provides for coverage by that fund and that sets forth a fund contribution
18.36rate, but not to exceed an employer contribution of $5,000 per year per employee;
19.1 (9) to the plumbers and pipefitters national pension fund or to a plumbers and
19.2pipefitters local pension fund for the employees of a governmental subdivision who are
19.3covered by a collective bargaining agreement that provides for coverage by that fund and
19.4that sets forth a fund contribution rate, but not to exceed an employer contribution of
19.5$5,000 per year per employee;
19.6 (10) to the international union of operating engineers pension fund for the employees
19.7of a governmental subdivision who are covered by a collective bargaining agreement that
19.8provides for coverage by that fund and that sets forth a fund contribution rate, but not to
19.9exceed an employer contribution of $5,000 per year per employee;
19.10 (11) to a supplemental plan organized and operated under the federal Internal
19.11Revenue Code, as amended, that is wholly and solely funded by the employee's
19.12accumulated sick leave, accumulated vacation leave, and accumulated severance pay;
19.13 (12) to the International Association of Machinists national pension fund for the
19.14employees of a governmental subdivision who are covered by a collective bargaining
19.15agreement that provides for coverage by that fund and that sets forth a fund contribution
19.16rate, but not to exceed an employer contribution of $5,000 per year per employee;
19.17 (13) for employees of United Hospital District, Blue Earth, to the state of Minnesota
19.18deferred compensation program, if the employee makes a contribution, in an amount that
19.19does not exceed the total percentage of covered salary under section353.27 , subdivisions
19.203 and 3a;or
19.21(14) to the alternative retirement plans established by the Hennepin County Medical
19.22Center under section 383B.914, subdivision 5.; or
19.23(15) to the International Brotherhood of Teamsters Central States pension plan for
19.24fixed-route bus drivers employed by the St. Cloud Metropolitan Transit Commission who
19.25are members of the International Brotherhood of Teamsters Local 638 by virtue of that
19.26employment.
19.27EFFECTIVE DATE.This section is effective retroactively from August 1, 1986.
19.28 Sec. 9. VALIDATION OF PAST RETIREMENT COVERAGE
19.29AND CONTRIBUTIONS FOR STEVENS COUNTY HOUSING AND
19.30REDEVELOPMENT AUTHORITY EMPLOYEES.
19.31(a) Retirement coverage by the general employees plan of the Public Employees
19.32Retirement Association, allowable service credit, and salary credit for employees of the
19.33Stevens County Housing and Redevelopment Authority who were so employed after
19.34November 7, 1984, and were first so employed before May 1, 2014, who had monthly
19.35salary in any month of at least $325 until June 30, 1988, and who had monthly salary in
20.1any month of at least $425 after June 30, 1988, who were not otherwise excluded under
20.2the applicable edition of Minnesota Statutes, section 353.01, subdivision 2b, and who had
20.3member deductions taken and transferred in a timely manner to the general employees
20.4retirement fund before the effective date of this section are hereby validated.
20.5(b) Notwithstanding any provision of Minnesota Statutes, chapter 353, to the
20.6contrary, employee contributions deducted from employees of the Stevens County
20.7Housing and Redevelopment Authority described in paragraph (a) before the effective
20.8date of this section and associated employer contributions are valid assets of the general
20.9employees retirement fund and are not subject to refund or adjustment for erroneous
20.10receipt except as provided in Minnesota Statutes, section 353.32, subdivision 1 or 2;
20.11or 353.34, subdivisions 1 and 2.
20.12EFFECTIVE DATE.This section is effective the day following final enactment.
20.15 Section 1. Minnesota Statutes 2012, section 352.03, subdivision 1, is amended to read:
20.16 Subdivision 1. Membership of board; election; term. (a) The policy-making
20.17function of the system is vested in a board of 11 members known as the board of directors.
20.18This board shall consist of:
20.19(1) three members appointed by the governor, one of whom must be a constitutional
20.20officer or appointed state official and two of whom must be public members knowledgeable
20.21in pension matters,;
20.22(2) four state employees elected bystate employees covered by the system active
20.23members and former members eligible for a deferred annuity from the general state
20.24employees retirement plan, excluding employeesin categories specifically authorized
20.25to designate or elect a member by this subdivision, and deferred annuitants for whom
20.26a board member is designated;
20.27(3) one employee of the Metropolitan Council's transit operations or its successor
20.28agency designated by the executive committee of the labor organization that is the
20.29exclusive bargaining agent representing employees of the transit division,;
20.30(4) one employee who is a member of the State Patrol retirementfund plan elected
20.31by active membersof and former members eligible for a deferred annuity from that fund
20.32at a time and in a manner fixed by the board, plan;
21.1(5) one employeecovered by who is a member of the correctional state employees
21.2retirement plan established under this chapter elected byemployees covered by active
21.3members and former members eligible for a deferred annuity from that plan,; and
21.4(6) one retired employee of a plan included in the system, elected by disabled and
21.5retired employees ofall the plans administered by the system at a time and in a manner to
21.6be fixed determined by the board.
21.7(b) The terms of the four elected state employees under paragraph (a), clause (2),
21.8must be staggered, with two of the state employeemembers board positions elected
21.9each biennium, whose terms of office begin on the first Monday in May after their
21.10election, must be elected biennially. Elected members and the appointed member of the
21.11Metropolitan Council's transit operations hold office for a term of four years and until their
21.12successors are elected or appointed, and have qualified.
21.13(c) An employee or former employee of the system is not eligible for membership
21.14on the board of directors. A state employee on leave of absence is not eligible for election
21.15or reelection to membership on the board of directors.
21.16(d) The term of any board member who is on leave for more than six months
21.17automatically ends on expiration of the term of office.
21.18EFFECTIVE DATE.This section is effective the day following final enactment.
21.19 Sec. 2. Minnesota Statutes 2012, section 352.03, is amended by adding a subdivision
21.20to read:
21.21 Subd. 1b. Membership voting limitations. Active members and former members
21.22eligible for a deferred annuity from a plan under this chapter or chapter 352B are eligible
21.23to vote in board elections as further specified and restricted in this section. Retired
21.24members and disabilitants from a plan in the system may vote only for the retired member
21.25position under subdivision 1, paragraph (a), clause (6). If a former member eligible for a
21.26deferred annuity from a plan under this chapter or chapter 352B is a deferred annuitant
21.27from more than one plan covered by the system, that person is eligible to vote only in
21.28elections applicable for deferred annuitants from the plan in the system from which the
21.29person last received allowable service. If a person is an active member of a plan in the
21.30system and is a deferred annuitant or a retiree from another plan or plans in the system,
21.31the person is only eligible to vote in board elections applicable due to the active member
21.32plan membership. If a person is a deferred annuitant from a plan in the system and is also
21.33a retiree from another plan in the system, the person is only eligible to vote in elections
21.34applicable due to the retiree status.
22.1EFFECTIVE DATE.This section is effective the day following final enactment.
22.4 Section 1. Minnesota Statutes 2012, section 352.04, subdivision 2, is amended to read:
22.5 Subd. 2. Employee contributions. (a) The employee contribution to the fund must
22.6be equal to the following percent of salary:
22.14(b) These contributions must be made by deduction from salary as provided in
22.15subdivision 4.
22.16EFFECTIVE DATE.This section is effective on the first day of the first full pay
22.17period beginning after July 1, 2014.
22.18 Sec. 2. Minnesota Statutes 2012, section 352.04, subdivision 3, is amended to read:
22.19 Subd. 3. Employer contributions. The employer contribution to the fund must be
22.20equal to the following percent of salary:
22.28EFFECTIVE DATE.This section is effective on the first day of the first full pay
22.29period beginning after July 1, 2014.
22.30 Sec. 3. Minnesota Statutes 2012, section 352.92, subdivision 1, is amended to read:
22.31 Subdivision 1. Employee contributions. (a) Employee contributions of covered
22.32correctional employees must be in an amount equal to the following percent of salary:
23.8(b) These contributions must be made by deduction from salary as provided in
23.9section352.04 , subdivision 4.
23.10EFFECTIVE DATE.This section is effective on the first day of the first full pay
23.11period beginning after July 1, 2014.
23.12 Sec. 4. Minnesota Statutes 2012, section 352.92, subdivision 2, is amended to read:
23.13 Subd. 2. Employer contributions. The employer shall contribute for covered
23.14correctional employees an amount equal to the following percent of salary:
23.22EFFECTIVE DATE.This section is effective on the first day of the first full pay
23.23period beginning after July 1, 2014.
23.24 Sec. 5. Minnesota Statutes 2012, section 353.27, subdivision 2, is amended to read:
23.25 Subd. 2. General employees retirement plan; employee contribution. (a) For
23.26a basic member of the general employees retirement plan of the Public Employees
23.27Retirement Association, the employee contribution is 9.10 percent of salary. For a
23.28coordinated member of the general employees retirement plan of the Public Employees
23.29Retirement Association, the employee contribution is the following percentage of salary
23.30plus any contribution rate adjustment under subdivision 3b:
23.34(b) These contributions must be made by deduction from salary as defined in section
23.35353.01, subdivision 10
, in the manner provided in subdivision 4. If any portion of a
24.1member's salary is paid from other than public funds, the member's employee contribution
24.2must be based on the total salary received by the member from all sources.
24.3EFFECTIVE DATE.This section is effective the day following final enactment.
24.4 Sec. 6. Minnesota Statutes 2012, section 353.27, subdivision 3, is amended to read:
24.5 Subd. 3. General employees retirement plan; employer contribution. (a) For
24.6a basic member of the general employees retirement plan of the Public Employees
24.7Retirement Association, the employer contribution is 9.10 percent of salary. For a
24.8coordinated member of the general employees retirement plan of the Public Employees
24.9Retirement Association, the employer contribution is the following percentage of salary
24.10plus any contribution rate adjustment under subdivision 3b:
24.14(b) This contribution must be made from funds available to the employing
24.15subdivision by the means and in the manner provided in section353.28 .
24.16EFFECTIVE DATE.This section is effective the day following final enactment.
24.17 Sec. 7. Minnesota Statutes 2012, section 353.27, subdivision 3b, is amended to read:
24.18 Subd. 3b. Change in employee and employer contributions in certain instances.
24.19(a) For purposes of this section:
24.20(1) a contribution sufficiency exists if the total of the employee contribution under
24.21subdivision 2, the employer contribution under subdivision 3, the additional employer
24.22contribution under subdivision 3a, and any additional contribution previously imposed
24.23under this subdivision exceeds the total of the normal cost, the administrative expenses,
24.24and the amortization contribution of the general employees retirement plan as reported in
24.25the most recent actuarial valuation of the retirement plan prepared by the actuary retained
24.26under section356.214 and prepared under section
356.215 and the standards for actuarial
24.27work of the Legislative Commission on Pensions and Retirement; and
24.28(2) a contribution deficiency exists if the total of the employee contributions under
24.29subdivision 2, the employer contributions under subdivision 3, the additional employer
24.30contribution under subdivision 3a, and any additional contribution previously imposed
24.31under this subdivision is less than the total of the normal cost, the administrative expenses,
24.32and the amortization contribution of the general employees retirement plan as reported in
24.33the most recent actuarial valuation of the retirement plan prepared by the actuary retained
25.1under section356.214 and prepared under section
356.215 and the standards for actuarial
25.2work of the Legislative Commission on Pensions and Retirement.
25.3(b) Employee and employer contributions to the general employees retirement plan
25.4under subdivisions 2 and 3 must be adjusted:
25.5(1) if, on or after July 1, 2010, the regular actuarial valuation of the general employees
25.6retirement plan of the Public Employees Retirement Association under section356.215
25.7indicates that there is a contribution sufficiency under paragraph (a) greater than one
25.8percent of covered payroll and that the sufficiency has existed for at least two consecutive
25.9years, the coordinated program employee and employer contribution rates must be
25.10decreased as determined under paragraph (c) to a level such that the sufficiency is no
25.11greater than one percent of covered payroll based on the most recent actuarial valuation; or
25.12(2) if, on or after July 1, 2010, the regular actuarial valuation of the general
25.13employees retirement plan of the Public Employees Retirement Association under section
25.14356.215
indicates that there is a contribution deficiency equal to or greater than 0.5 percent
25.15of covered payroll and that the deficiency has existed for at least two consecutive years,
25.16the coordinated program employee and employer contribution rates must be increased
25.17as determined under paragraph (d) to a level such that no deficiency exists based on the
25.18most recent actuarial valuation.
25.19(c) If the actuarially required contribution of the general employees retirement plan is
25.20less than the total support provided by the combined employee and employer contribution
25.21rates under subdivisions 2, 3, and 3a, by more than one percent of covered payroll,
25.22the general employees retirement plan coordinated program employee and employer
25.23contribution rates under subdivisions 2 and 3 must be decreased incrementally over one or
25.24more years by no more than 0.25 percent of pay each for employee and employer matching
25.25contribution rates to a level such that there remains a contribution sufficiency of at least one
25.26percent of covered payroll. No contribution rate decrease may be made until at least two
25.27years have elapsed since any adjustment under this subdivision has been fully implemented.
25.28(d) If the actuarially required contribution exceeds the total support provided by the
25.29combined employee and employer contribution rates under subdivisions 2, 3, and 3a,
25.30the employee and matching employer contribution rates must be increased equally to
25.31eliminate that contribution deficiency. If the contribution deficiency is:
25.32(1) less than two percent, the incremental increase may be up to 0.25 percent for the
25.33general employees retirement plan employee and matching employer contribution rates;
25.34(2) greater than 1.99 percent and less than 4.01 percent, the incremental increase
25.35may be up to 0.5 percent for the employee and matching employer contribution rates; or
26.1(3) greater than four percent, the incremental increase may be up to 0.75 percent for
26.2the employee and matching employer contribution.
26.3(e) The general employees retirement plan contribution sufficiency or deficiency
26.4determination under paragraphs (a) to (d) must be made without the inclusion of the
26.5contributions to, the funded condition of, or the actuarial funding requirements of the
26.6MERF division.
26.7(f) Any recommended adjustment to the contribution rates must be reported to the
26.8chair and the executive director of the Legislative Commission on Pensions and Retirement
26.9by January 15 following the receipt of the most recent annual actuarial valuation prepared
26.10under section356.215 . If the Legislative Commission on Pensions and Retirement does
26.11not recommend against the rate change or does not recommend a modification in the rate
26.12change, the recommended adjustment becomes effectiveon the first day of the first full
26.13payroll period in the fiscal year for any salary paid on or after the January 1 next following
26.14receipt of the most recent actuarial valuation that gave rise to the adjustment the legislative
26.15session in which the Legislative Commission on Pensions and Retirement did not take any
26.16action to disapprove or modify the Public Employees Retirement Association Board of
26.17Trustees' recommendation to adjust the employee and employer rates.
26.18(g) A contribution sufficiency of up to one percent of covered payroll must be held in
26.19reserve to be used to offset any future actuarially required contributions that are more than
26.20the total combined employee and employer contributions under subdivisions 2, 3, and 3a.
26.21(h) Before any reduction in contributions to eliminate a sufficiency in excess of one
26.22percent of covered pay may be recommended, the executive director must review any
26.23need for a change in actuarial assumptions, as recommended by the actuary retained under
26.24section356.214 in the most recent experience study of the general employees retirement
26.25plan prepared under section356.215 and the standards for actuarial work promulgated by
26.26the Legislative Commission on Pensions and Retirement that may result in an increase
26.27in the actuarially required contribution and must report to the Legislative Commission
26.28on Pensions and Retirement any recommendation by the board to use the sufficiency
26.29exceeding one percent of covered payroll to offset the impact of an actuarial assumption
26.30change recommended by the actuary retained under section356.214, subdivision 1 , and
26.31reviewed by the actuary retained by the commission under section356.214, subdivision 4 .
26.32(i) No contribution sufficiency in excess of one percent of covered pay may be
26.33proposed to be used to increase benefits, and no benefit increase may be proposed that
26.34would initiate an automatic adjustment to increase contributions under this subdivision.
26.35Any proposed benefit improvement must include a recommendation, prepared by the
26.36actuary retained under section356.214, subdivision 1 , and reviewed by the actuary
27.1retained by the Legislative Commission on Pensions and Retirement as provided under
27.2section356.214, subdivision 4 , on how the benefit modification will be funded.
27.3EFFECTIVE DATE.This section is effective the day following final enactment.
27.7 Section 1. Minnesota Statutes 2012, section 3A.01, subdivision 1a, is amended to read:
27.8 Subd. 1a. Actuarial equivalent. (a) "Actuarial equivalent" means the condition of
27.9one allowance or benefit having an equal actuarial present value to another allowance or
27.10benefit, determined by the actuary retained under section356.214 as of a given date at a
27.11specified age with each actuarial present value based on the mortality table applicable for
27.12the plan and approved under section356.215, subdivision 18 , and using the applicable
27.13preretirement or postretirement interest rate assumption specified in section356.215,
27.14subdivision 8 .
27.15(b) For purposes of computing a joint and survivor annuity, the postretirement
27.16interest rate assumption specified in section 356.461 must be used, rather than the
27.17postretirement interest rate specified in section 356.215, subdivision 8.
27.18EFFECTIVE DATE.This section is effective July 1, 2014.
27.19 Sec. 2. Minnesota Statutes 2012, section 352.01, subdivision 12, is amended to read:
27.20 Subd. 12. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
27.21of one annuity or benefit having an equal actuarial present value as another annuity or
27.22benefit, determined as of a given date at a specified age with each actuarial present value
27.23based on the appropriate mortality table adopted by the board of directors based on the
27.24experience of the fund as recommended by the actuary retained under section356.214 , and
27.25approved under section356.215, subdivision 18 , and using the applicable preretirement or
27.26postretirement interest rate assumption specified in section356.215, subdivision 8 .
27.27(b) For purposes of computing a joint and survivor annuity, the postretirement
27.28interest rate assumption specified in section 356.461 must be used, rather than the
27.29postretirement interest rate specified in section 356.215, subdivision 8.
27.30EFFECTIVE DATE.This section is effective July 1, 2014.
28.1 Sec. 3. Minnesota Statutes 2013 Supplement, section 352.03, subdivision 4, is
28.2amended to read:
28.3 Subd. 4. Duties and powers of board of directors. (a) The board shall:
28.4 (1) elect a chair;
28.5 (2) appoint an executive director;
28.6 (3) establish rules to administer this chapter and chapters 3A, 352B, 352C, 352D,
28.7and 490 and transact the business of the system, subject to the limitations of law;
28.8 (4) consider and dispose of, or take any other action the board of directors deems
28.9appropriate concerning, denials of applications for annuities or disability benefits under
28.10this chapter, chapter 3A, 352B, 352C, 352D, or 490, and complaints of employees and
28.11others pertaining to the retirement of employees and the operation of the system;
28.12 (5) oversee the administration of the deferred compensation plan established in
28.13section352.965 ;
28.14 (6) oversee the administration of the health care savings plan established in section;
28.15and
28.16 (7) approve early retirement and optional annuity factors for all plans administered
28.17by the system, including approving retirement annuity factors for the unclassified state
28.18employees program under chapter 352D, subject to review by the actuary retained by
28.19the Legislative Commission on Pensions and Retirement; establish the schedule for
28.20implementation of the approved factors; and notify the Legislative Commission on
28.21Pensions and Retirement of the implementation schedule.
28.22 (b) The board shall advise the director on any matters relating to the system and
28.23carrying out functions and purposes of this chapter. The board's advice shall control.
28.24EFFECTIVE DATE.This section is effective July 1, 2014.
28.25 Sec. 4. Minnesota Statutes 2012, section 352B.08, subdivision 3, is amended to read:
28.26 Subd. 3. Optional annuity forms. (a) In lieu of the single life annuity provided in
28.27subdivision 2, the member or former member may elect an optional annuity form. The
28.28board of the Minnesota state retirement system shall establish a joint and survivor annuity,
28.29payable to a designated beneficiary for life, adjusted to the actuarial equivalent value of
28.30the single life annuity. The board shall also establish an additional optional annuity with
28.31an actuarial equivalent value of the single life annuity in the form of a joint and survivor
28.32annuity which provides that the elected annuity be reinstated to the single life annuity
28.33provided in subdivision 2, if after commencing the elected joint and survivor annuity, the
28.34designated beneficiary dies before the member, which reinstatement is not retroactive but
28.35takes effect for the first full month occurring after the death of the designated beneficiary.
29.1The board may also establish other actuarial equivalent value optional annuity forms. In
29.2establishing actuarial equivalent value optional annuity forms, each optional annuity form
29.3shall have the same present value as a regular single life annuity using the mortality
29.4table adopted by the board and the interest assumption specified in section356.215,
29.5subdivision 8 , and.
29.6(b) For purposes of computing a joint and survivor annuity, the postretirement
29.7interest rate assumption specified in section 356.461 must be used, rather than the
29.8postretirement interest rate specified in section 356.215, subdivision 8.
29.9(c) The board shall obtain the written recommendation of the actuary retained under
29.10section356.214 . These recommendations shall be a part of the permanent records of
29.11the board.
29.12EFFECTIVE DATE.This section is effective July 1, 2014.
29.13 Sec. 5. Minnesota Statutes 2012, section 353.01, subdivision 14, is amended to read:
29.14 Subd. 14. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
29.15of one annuity or benefit having an equal actuarial present value as another annuity or
29.16benefit, determined as of a given date with each actuarial present value based on the
29.17appropriate mortality table adopted by the board of trustees based on the experience of the
29.18fund as recommended by the actuary retained under section356.214 , and approved under
29.19section356.215, subdivision 18 , and using the applicable preretirement or postretirement
29.20interest rate assumption specified in section356.215, subdivision 8 .
29.21(b) For purposes of computing a joint and survivor annuity, the postretirement
29.22interest rate assumption specified in section 356.461 must be used rather than the
29.23postretirement interest rate specified in section 356.215, subdivision 8.
29.24EFFECTIVE DATE.This section is effective on the same date as the next mortality
29.25assumption adjustment or on July 1, 2017, whichever is earlier.
29.26 Sec. 6. Minnesota Statutes 2012, section 353.30, subdivision 3, is amended to read:
29.27 Subd. 3. Optional retirement annuity forms. (a) The board of trustees shall
29.28establish optional annuities which shall take the form of a joint and survivor annuity.
29.29Except as provided in subdivision 3a, the optional annuity forms shall be actuarially
29.30equivalent to the forms provided in section353.29 and subdivisions 1, 1a, 1b, 1c, and 5.
29.31In establishing those optional forms, the board shall obtain the written recommendation of
29.32the actuary retained under section356.214 . The recommendations shall be a part of the
29.33permanent records of the board. A member or former member may select an optional form
30.1of annuity, subject to the provisions of section356.46 , in lieu of accepting any other form
30.2of annuity which might otherwise be available.
30.3(b) For purposes of computing a joint and survivor annuity, the postretirement
30.4interest rate assumption specified in section 356.461 must be used rather than the
30.5postretirement interest rate specified in section 356.215, subdivision 8.
30.6EFFECTIVE DATE.This section is effective on the same date as the next mortality
30.7assumption adjustment or on July 1, 2017, whichever is earlier.
30.8 Sec. 7. Minnesota Statutes 2012, section 354.05, subdivision 7, is amended to read:
30.9 Subd. 7. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
30.10of one annuity or benefit having an equal actuarial present value as another annuity or
30.11benefit, determined as of a given date with each actuarial present value based on the
30.12appropriate mortality table adopted by the board of trustees based on the experience
30.13of the association as recommended by the actuary retained under section356.214 , and
30.14approved under section356.215, subdivision 18 , and using the applicable preretirement or
30.15postretirement interest rate assumption specified in section356.215, subdivision 8 .
30.16(b) For purposes of computing a joint and survivor annuity, the postretirement
30.17interest rate assumption specified in section 356.461 must be used rather than the
30.18postretirement interest rate specified in section 356.215, subdivision 8.
30.19EFFECTIVE DATE.This section is effective July 1, 2014.
30.20 Sec. 8. [356.461] VARIOUS RETIREMENT SYSTEMS; JOINT AND
30.21SURVIVOR ANNUITY COMPUTATION.
30.22 Subdivision 1. Joint and survivor annuity computation. Notwithstanding any
30.23provision of section 356.215, subdivision 8, or 356.415 to the contrary, for purposes of
30.24computing joint and survivor annuities, the applicable postretirement interest assumption
30.25is 6.5 percent.
30.26 Subd. 2. Covered plans. This section applies to the following retirement plans:
30.27(1) the legislators retirement plan, established under chapter 3A, including
30.28constitutional officers as specified in that chapter;
30.29(2) the correctional state employees retirement plan of the Minnesota State
30.30Retirement System, established under chapter 352;
30.31(3) the general state employees retirement plan of the Minnesota State Retirement
30.32System, established under chapter 352;
30.33(4) the State Patrol retirement plan, established under chapter 352B;
31.1(5) the unclassified state employees retirement program of the Minnesota State
31.2Retirement System, established under chapter 352D;
31.3(6) the judges retirement plan, established under chapter 490;
31.4(7) the general employees retirement plan of the Public Employees Retirement
31.5Association, established under chapter 353, including the MERF division of the Public
31.6Employees Retirement Association;
31.7(8) the public employees police and fire retirement plan of the Public Employees
31.8Retirement Association, established under chapter 353;
31.9(9) the local government correctional service retirement plan of the Public
31.10Employees Retirement Association, established under chapter 353E; and
31.11(10) the Teachers Retirement Association, established under chapter 354.
31.12EFFECTIVE DATE.(a) For plans administered by the Minnesota State Retirement
31.13System and the Teachers Retirement Association, this section is effective July 1, 2014.
31.14(b) For plans administered by the Public Employees Retirement Association, this
31.15section applies to the determination of joint and survivor factors implemented for the
31.16applicable Public Employees Retirement Association plan effective on the same date as
31.17the next mortality assumption adjustment or on July 1, 2017, whichever is earlier.
31.18 Sec. 9. Minnesota Statutes 2012, section 490.121, subdivision 2a, is amended to read:
31.19 Subd. 2a. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
31.20of one annuity or benefit having an equal actuarial present value as another annuity or
31.21benefit, determined as of a given date with each actuarial present value based on the
31.22appropriate mortality table adopted by the board of directors of the Minnesota State
31.23Retirement System based on the experience of the fund as recommended by the actuary
31.24retained under section356.214 and approved under section
356.215 , subdivision 18, and
31.25using the applicable preretirement or postretirement interest rate assumption specified in
31.26section356.215 , subdivision 8.
31.27(b) For purposes of computing a joint and survivor annuity, the postretirement
31.28interest rate assumption specified in section 356.461 must be used, rather than the
31.29postretirement interest rate specified in section 356.215, subdivision 8.
31.30EFFECTIVE DATE.This section is effective July 1, 2014.
32.3 Section 1. Minnesota Statutes 2012, section 352.90, is amended to read:
32.4352.90 POLICY.
32.5It is the policy of the legislature to provide special retirement benefits for and special
32.6contributions by certain correctional employees who may be required to retire at an early
32.7age because they lose the mental or physical capacity required to maintain the safety,
32.8security, discipline, and custody of inmates at state correctional facilitiesor; of patients
32.9at in the state-operated forensic services program, which is comprised of the Minnesota
32.10Security Hospital, the forensic nursing home, the forensic transition service, and the
32.11competency restoration program; of patients in the Minnesota sex offender program,; or of
32.12patients in the Minnesota Specialty Health System-Cambridge.
32.13 Sec. 2. Minnesota Statutes 2012, section 352.91, subdivision 1, is amended to read:
32.14 Subdivision 1. Qualifying jobs. "Covered correctional service" means service
32.15performed by a state employee, as defined in section352.01 , employed at a state
32.16correctional facility, theMinnesota Security Hospital state-operated forensic services
32.17program, or the Minnesota sex offender program as:
32.18(1) a corrections officer 1;
32.19(2) a corrections officer 2;
32.20(3) a corrections officer 3;
32.21(4) a corrections officer supervisor;
32.22(5) a corrections lieutenant;
32.23(6) a corrections captain;
32.24(7) a security counselor;
32.25(8) a security counselor lead; or
32.26(9) a corrections canine officer.
32.27 Sec. 3. Minnesota Statutes 2012, section 352.91, subdivision 2, is amended to read:
32.28 Subd. 2. Maintenance, correctional industry, and trades. "Covered correctional
32.29service" also means service rendered at any time by state employees as maintenance
32.30personnel, correctional industry personnel, or members of trades certified by the
32.31commissioner of management and budget to the executive director as being engaged for at
32.32least 75 percent of the employee's working time in the rehabilitation, treatment, custody,
32.33or supervision of inmates at a Minnesota correctional facility, or of patientsat in the
33.1Minnesota Security Hospital state-operated forensic services program or the Minnesota
33.2sex offender program.
33.3 Sec. 4. Minnesota Statutes 2012, section 352.91, subdivision 3c, is amended to read:
33.4 Subd. 3c. Nursing personnel. (a) "Covered correctional service" means service
33.5by a state employee in one of the employment positions at a correctional facility or at,
33.6in theMinnesota Security Hospital state-operated forensic services program, or in the
33.7Minnesota sex offender program that are specified in paragraph (b) if at least 75 percent of
33.8the employee's working time is spent in direct contact with inmates or patients and the fact
33.9of this direct contact is certified to the executive director by the appropriate commissioner.
33.10(b) The employment positions are as follows:
33.11(1) registered nurse - senior;
33.12(2) registered nurse;
33.13(3) registered nurse - principal;
33.14(4) licensed practical nurse 2;
33.15(5) registered nurse advance practice; and
33.16(6) psychiatric advance practice registered nurse.
33.17EFFECTIVE DATE.This section is effective the day following final enactment.
33.18 Sec. 5. Minnesota Statutes 2012, section 352.91, subdivision 3d, is amended to read:
33.19 Subd. 3d. Other correctional personnel. (a) "Covered correctional service"
33.20means service by a state employee in one of the employment positions at a correctional
33.21facility orat in the Minnesota Security Hospital state-operated forensic services program
33.22 specified in paragraph (b) if at least 75 percent of the employee's working time is spent
33.23in direct contact with inmates or patients and the fact of this direct contact is certified to
33.24the executive director by the appropriate commissioner.
33.25 (b) The employment positions are:
33.26 (1) automotive mechanic;
33.27(2) baker;
33.28 (3) central services administrative specialist, intermediate;
33.29 (4) central services administrative specialist, principal;
33.30 (5) chaplain;
33.31 (6) chief cook;
33.32 (7) clinical program therapist 1;
33.33(8) clinical program therapist 2;
33.34(9) clinical program therapist 3;
34.1(10) clinical program therapist 4;
34.2(11) cook;
34.3 (12) cook coordinator;
34.4 (13) corrections inmate program coordinator;
34.5 (14) corrections transitions program coordinator;
34.6 (15) corrections security caseworker;
34.7 (16) corrections security caseworker career;
34.8 (17) corrections teaching assistant;
34.9 (18) delivery van driver;
34.10 (19) dentist;
34.11 (20) electrician supervisor;
34.12 (21) general maintenance worker lead;
34.13 (22) general repair worker;
34.14 (23) library/information research services specialist;
34.15 (24) library/information research services specialist senior;
34.16 (25) library technician;
34.17 (26) painter lead;
34.18 (27) plant maintenance engineer lead;
34.19 (28) plumber supervisor;
34.20 (29) psychologist 1;
34.21 (30) psychologist 3;
34.22 (31) recreation therapist;
34.23 (32) recreation therapist coordinator;
34.24 (33) recreation program assistant;
34.25 (34) recreation therapist senior;
34.26 (35) sports medicine specialist;
34.27 (36) work therapy assistant;
34.28 (37) work therapy program coordinator; and
34.29 (38) work therapy technician.
34.30 Sec. 6. Minnesota Statutes 2012, section 352.91, subdivision 3e, is amended to read:
34.31 Subd. 3e. Minnesota Specialty Health System-Cambridge. (a) "Covered
34.32correctional service" means service by a state employee in one of the employment positions
34.33with the Minnesota Specialty Health System-Cambridge specified in paragraph (b) if at
34.34least 75 percent of the employee's working time is spent in direct contact with patients
35.1who are in the Minnesota Specialty Health System-Cambridge and if service in such a
35.2position is certified to the executive director by the commissioner of human services.
35.3 (b) The employment positions are:
35.4 (1) behavior analyst 1;
35.5 (2) behavior analyst 2;
35.6 (3) behavior analyst 3;
35.7 (4) group supervisor;
35.8 (5) group supervisor assistant;
35.9 (6) human services support specialist;
35.10 (7) residential program lead;
35.11 (8) psychologist 2;
35.12 (9) recreation program assistant;
35.13 (10) recreation therapist senior;
35.14 (11) registered nurse senior;
35.15 (12) skills development specialist;
35.16 (13) social worker senior;
35.17 (14) social worker specialist; and
35.18 (15) speech pathology specialist.
35.19(c) A Department of Human Services employee who was employed at the Minnesota
35.20Specialty Health System-Cambridge immediately preceding the 2014 conversion to the
35.21community-based homes and was in covered correctional service at the time of the
35.22transition shall continue to be covered by the correctional employee retirement plan while
35.23employed and without a break in service with the Department of Human Services in the
35.24direct care and treatment services administration.
35.25 Sec. 7. Minnesota Statutes 2012, section 352.91, subdivision 3f, is amended to read:
35.26 Subd. 3f. Additional Department of Human Services personnel. (a) "Covered
35.27correctional service" means service by a state employee in one of the employment
35.28positions specified in paragraph (b)at in the Minnesota Security Hospital state-operated
35.29forensic services program orin the Minnesota sex offender program if at least 75
35.30percent of the employee's working time is spent in direct contact with patients and
35.31the determination of this direct contact is certified to the executive director by the
35.32commissioner of human services.
35.33 (b) The employment positions are:
35.34 (1) behavior analyst 2;
35.35 (2) behavior analyst 3;
36.1 (3) certified occupational therapy assistant 1;
36.2 (4) certified occupational therapy assistant 2;
36.3 (5) chemical dependency counselor senior;
36.4 (6) client advocate;
36.5 (7) clinical program therapist 2;
36.6(7) (8) clinical program therapist 3;
36.7(8) (9) clinical program therapist 4;
36.8(9) (10) customer services specialist principal;
36.9(10) (11) dental assistant registered;
36.10(11) (12) group supervisor;
36.11(12) (13) group supervisor assistant;
36.12(13) (14) human services support specialist;
36.13(14) (15) licensed alcohol and drug counselor;
36.14(15) (16) licensed practical nurse 1;
36.15(16) (17) management analyst 3;
36.16(17) (18) occupational therapist;
36.17(18) (19) occupational therapist, senior;
36.18(19) (20) psychologist 1;
36.19(20) (21) psychologist 2;
36.20(21) (22) psychologist 3;
36.21(22) (23) recreation program assistant;
36.22(23) (24) recreation therapist lead;
36.23(24) (25) recreation therapist senior;
36.24(25) (26) rehabilitation counselor senior;
36.25(26) (27) security supervisor;
36.26(27) (28) skills development specialist;
36.27(28) (29) social worker senior;
36.28(29) (30) social worker specialist;
36.29(30) (31) social worker specialist, senior;
36.30(31) (32) special education program assistant;
36.31(32) (33) speech pathology clinician;
36.32(33) (34) work therapy assistant; and
36.33(34) (35) work therapy program coordinator.
36.34 Sec. 8. Minnesota Statutes 2012, section 352.91, is amended by adding a subdivision
36.35to read:
37.1 Subd. 3j. State-operated forensic services program. For purposes of this section,
37.2"state-operated forensic services program" means the Minnesota Security Hospital, the
37.3forensic nursing home, the forensic transition service, and the competency restoration
37.4program.
37.7 Section 1. Minnesota Statutes 2012, section 13.632, subdivision 1, is amended to read:
37.8 Subdivision 1. Beneficiary and survivor data. The following data on beneficiaries
37.9and survivors of the St. Paul Teachers Retirement Fund Associationand the Duluth
37.10Teachers Retirement Fund Association members are private data on individuals: home
37.11address, date of birth, direct deposit number, and tax withholding data.
37.12 Sec. 2. Minnesota Statutes 2012, section 122A.18, subdivision 7a, is amended to read:
37.13 Subd. 7a. Permission to substitute teach. (a) The Board of Teaching may allow a
37.14person who is enrolled in and making satisfactory progress in a board-approved teacher
37.15program and who has successfully completed student teaching to be employed as a
37.16short-call substitute teacher.
37.17(b) The Board of Teaching may issue a lifetime qualified short-call substitute
37.18teaching license to a person who:
37.19(1) was a qualified teacher under section122A.16 while holding a continuing
37.20five-year teaching license issued by the board, and receives a retirement annuity from the
37.21Teachers Retirement Association, Minneapolis Teachers Retirement Fund Association,
37.22 or the St. Paul Teachers Retirement Fund Association, or Duluth Teachers Retirement
37.23Fund Association;
37.24(2) holds an out-of-state teaching license and receives a retirement annuity as a
37.25result of the person's teaching experience; or
37.26(3) held a continuing five-year license issued by the board, taught at least three
37.27school years in an accredited nonpublic school in Minnesota, and receives a retirement
37.28annuity as a result of the person's teaching experience.
37.29A person holding a lifetime qualified short-call substitute teaching license is not required
37.30to complete continuing education clock hours. A person holding this license may reapply
37.31to the board for a continuing five-year license and must again complete continuing
37.32education clock hours one school year after receiving the continuing five-year license.
38.1 Sec. 3. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b, is
38.2amended to read:
38.3 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
38.4to participate as members of the association with retirement coverage by the general
38.5employees retirement plan, the local government correctional employees retirement plan
38.6under chapter 353E, or the public employees police and fire retirement plan:
38.7 (1) persons whose salary from one governmental subdivision never exceeds $425 in
38.8a month;
38.9(2) public officers who are elected to a governing body, city mayors, or persons who
38.10are appointed to fill a vacancy in an elective office of a governing body, whose term of office
38.11commences on or after July 1, 2002, for the service to be rendered in that elective position;
38.12 (3) election officers or election judges;
38.13 (4) patient and inmate personnel who perform services for a governmental
38.14subdivision;
38.15 (5) except as otherwise specified in subdivision 12a, employees who are hired for
38.16a temporary position as defined under subdivision 12a, and employees who resign from
38.17a nontemporary position and accept a temporary position within 30 days in the same
38.18governmental subdivision;
38.19 (6) employees who are employed by reason of work emergency caused by fire,
38.20flood, storm, or similar disaster;
38.21 (7) employees who by virtue of their employment in one governmental subdivision
38.22are required by law to be a member of and to contribute to any of the plans or funds
38.23administered by the Minnesota State Retirement System, the Teachers Retirement
38.24Association,the Duluth Teachers Retirement Fund Association, and the St. Paul Teachers
38.25Retirement Fund Association. This clause must not be construed to prevent a person from
38.26being a member of and contributing to the Public Employees Retirement Association and
38.27also belonging to and contributing to another public pension plan or fund for other service
38.28occurring during the same period of time. A person who meets the definition of "public
38.29employee" in subdivision 2 by virtue of other service occurring during the same period of
38.30time becomes a member of the association unless contributions are made to another public
38.31retirement fund on the salary based on the other service or to the Teachers Retirement
38.32Association by a teacher as defined in section354.05, subdivision 2 ;
38.33 (8) persons who are members of a religious order and are excluded from coverage
38.34under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
38.35performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
39.1as amended through January 1, 1987, if no irrevocable election of coverage has been made
39.2under section 3121(r) of the Internal Revenue Code of 1954, as amended;
39.3 (9) employees of a governmental subdivision who have not reached the age of
39.423 and are enrolled on a full-time basis to attend or are attending classes on a full-time
39.5basis at an accredited school, college, or university in an undergraduate, graduate, or
39.6professional-technical program, or a public or charter high school;
39.7 (10) resident physicians, medical interns, and pharmacist residents and pharmacist
39.8interns who are serving in a degree or residency program in public hospitals or clinics;
39.9 (11) students who are serving for up to five years in an internship or residency program
39.10sponsored by a governmental subdivision, including an accredited educational institution;
39.11 (12) persons who hold a part-time adult supplementary technical college license who
39.12render part-time teaching service in a technical college;
39.13 (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
39.14foreign citizens who are employed by a governmental subdivision under a work permit, or
39.15an H-1b visa initially issued or extended for a combined period less than three years of
39.16employment. Upon extension of the employment beyond the three-year period, the foreign
39.17citizens must be reported for membership beginning the first of the month thereafter
39.18provided the monthly earnings threshold as provided under subdivision 2a is met;
39.19 (14) public hospital employees who elected not to participate as members of the
39.20association before 1972 and who did not elect to participate from July 1, 1988, to October
39.211, 1988;
39.22 (15) except as provided in section353.86 , volunteer ambulance service personnel, as
39.23defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
39.24may still qualify as public employees under subdivision 2 and may be members of the
39.25Public Employees Retirement Association and participants in the general employees
39.26retirement plan or the public employees police and fire plan, whichever applies, on the
39.27basis of compensation received from public employment service other than service as
39.28volunteer ambulance service personnel;
39.29 (16) except as provided in section353.87 , volunteer firefighters, as defined in
39.30subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
39.31but a person who is a volunteer firefighter may still qualify as a public employee under
39.32subdivision 2 and may be a member of the Public Employees Retirement Association and
39.33a participant in the general employees retirement plan or the public employees police
39.34and fire plan, whichever applies, on the basis of compensation received from public
39.35employment activities other than those as a volunteer firefighter;
40.1 (17) pipefitters and associated trades personnel employed by Independent School
40.2District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
40.3pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
40.4if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
40.5241, article 2, section 12;
40.6 (18) electrical workers, plumbers, carpenters, and associated trades personnel who
40.7are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
40.8who have retirement coverage under a collective bargaining agreement by the Electrical
40.9Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
40.10or the pension plan applicable to Carpenters Local 87 who were either first employed after
40.11May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
40.12Laws 2000, chapter 461, article 7, section 5;
40.13 (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
40.14painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
40.15or Independent School District No. 625, St. Paul, with coverage under a collective
40.16bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
40.17the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
40.18pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
40.19Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
40.20first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
40.21Session chapter 10, article 10, section 6;
40.22 (20) plumbers who are employed by the Metropolitan Airports Commission, with
40.23coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
40.24who either were first employed after May 1, 2001, or if first employed before May 2,
40.252001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
40.2610, section 6;
40.27 (21) employees who are hired after June 30, 2002, to fill seasonal positions under
40.28subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
40.29days or less in each year of employment with the governmental subdivision;
40.30 (22) persons who are provided supported employment or work-study positions by a
40.31governmental subdivision and who participate in an employment or industries program
40.32maintained for the benefit of these persons where the governmental subdivision limits the
40.33position's duration to up to five years, including persons participating in a federal or state
40.34subsidized on-the-job training, work experience, senior citizen, youth, or unemployment
40.35relief program where the training or work experience is not provided as a part of, or
40.36for, future permanent public employment;
41.1 (23) independent contractors and the employees of independent contractors;
41.2 (24) reemployed annuitants of the association during the course of that
41.3reemployment; and
41.4(25) persons appointed to serve on a board or commission of a governmental
41.5subdivision or an instrumentality thereof.
41.6(b) Any person performing the duties of a public officer in a position defined in
41.7subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
41.8employee of an independent contractor.
41.9 Sec. 4. Minnesota Statutes 2012, section 354.05, subdivision 2, is amended to read:
41.10 Subd. 2. Teacher. (a) "Teacher" means:
41.11(1) a person who renders service as a teacher, supervisor, principal, superintendent,
41.12librarian, nurse, counselor, social worker, therapist, or psychologist in a public school of
41.13the state located outside of the corporate limits ofthe city of Duluth or the city of St. Paul,
41.14or in any charter school, irrespective of the location of the school, or in any charitable,
41.15penal, or correctional institutions of a governmental subdivision, or who is engaged in
41.16educational administration in connection with the state public school system, but excluding
41.17the University of Minnesota, whether the position be a public office or an employment, and
41.18not including the members or officers of any general governing or managing board or body;
41.19(2) an employee of the Teachers Retirement Association;
41.20(3) a person who renders teaching service on a part-time basis and who also renders
41.21other services for a single employing unit. A person whose teaching service comprises at
41.22least 50 percent of the combined employment salary is a member of the association for all
41.23services with the single employing unit. If the person's teaching service comprises less
41.24than 50 percent of the combined employment salary, the executive director must determine
41.25whether all or none of the combined service is covered by the association; or
41.26(4) a person who is not covered by the plans established under chapter 352D, 354A,
41.27or 354B and who is employed by the Board of Trustees of the Minnesota State Colleges
41.28and Universities system in an unclassified position as:
41.29(i) a president, vice-president, or dean;
41.30(ii) a manager or a professional in an academic or an academic support program
41.31other than specified in item (i);
41.32(iii) an administrative or a service support faculty position; or
41.33(iv) a teacher or a research assistant.
41.34(b) "Teacher" does not mean:
42.1(1) a person who works for a school or institution as an independent contractor as
42.2defined by the Internal Revenue Service;
42.3(2) a person who renders part-time teaching service or who is a customized trainer
42.4as defined by the Minnesota State Colleges and Universities system if (i) the service is
42.5incidental to the regular nonteaching occupation of the person; and (ii) the employer
42.6stipulates annually in advance that the part-time teaching service or customized training
42.7service will not exceed 300 hours in a fiscal year and retains the stipulation in its records;
42.8and (iii) the part-time teaching service or customized training service actually does not
42.9exceed 300 hours in a fiscal year; or
42.10(3) a person exempt from licensure under section122A.30 .
42.11 Sec. 5. Minnesota Statutes 2012, section 354.05, subdivision 13, is amended to read:
42.12 Subd. 13. Allowable service. "Allowable service" means:
42.13 (1) any service rendered by a teacher for which on or before July 1, 1957, the
42.14teacher's account in the retirement fund was credited by reason of employee contributions
42.15in the form of salary deductions, payments in lieu of salary deductions, or in any other
42.16manner authorized by Minnesota Statutes 1953, sections 135.01 to 135.13, as amended by
42.17Laws 1955, chapters 361, 549, 550, 611, or;
42.18 (2) any service rendered by a teacher for which on or before July 1, 1961, the teacher
42.19elected to obtain credit for service by making payments to the fundpursuant to under
42.20Minnesota Statutes 1980, section 354.09 and section354.51 , or;
42.21 (3) any service rendered by a teacher after July 1, 1957, for any calendar month
42.22when the member receives salary from which deductions are made, deposited and credited
42.23in the fund, or;
42.24 (4) any service rendered by a person after July 1, 1957, for any calendar month where
42.25payments in lieu of salary deductions are made, deposited and credited into the fund as
42.26provided in Minnesota Statutes 1980, section 354.09, subdivision 4, and section354.53 , or;
42.27 (5) any service rendered by a teacher for which the teacher elected to obtain credit
42.28for service by making payments to the fundpursuant to under Minnesota Statutes 1980,
42.29section 354.09, subdivisions 1 and 4, sections 354.50, 354.51, Minnesota Statutes 1957,
42.30section 135.41, subdivision 4, Minnesota Statutes 1971, section 354.09, subdivision 2, or
42.31Minnesota Statutes, 1973 Supplement, section 354.09, subdivision 3, or;
42.32 (6) both service during years of actual membership in the course of which
42.33contributions were currently made and service in years during which the teacher was not a
42.34member but for which the teacher later elected to obtain credit by making payments to the
42.35fund as permitted by any law then in effect, or;
43.1 (7) any service rendered where contributions were made and no credit was
43.2established because of the limitations contained in Minnesota Statutes 1957, section
43.3135.09, subdivision 2, as determined by the ratio between the amounts of money credited
43.4to the teacher's account in a fiscal year and the maximum retirement contribution allowable
43.5for that year, or;
43.6 (8) MS 2002 [Expired]
43.7 (9) a period of time during which a teacher was on strike without pay, not to exceed a
43.8period of one year, if payment in lieu of salary deductions is made under section354.72 , or;
43.9 (10) a period of service before July 1, 2006, that was properly credited as allowable
43.10service by the Minneapolis Teachers Retirement Fund Association, and that was rendered
43.11by a teacher as an employee of Special School District No. 1, Minneapolis, or by an
43.12employee of the Minneapolis Teachers Retirement Fund Association who was a member
43.13of the Minneapolis Teachers Retirement Fund Association by virtue of that employment,
43.14who has not begun receiving an annuity or other retirement benefit from the former
43.15Minneapolis Teachers Retirement Fund Association calculated in whole or in part on that
43.16service before July 1, 2006, and who has not taken a refund of member contributions
43.17related to that service unless the refund is repaid under section354.50 , subdivision 4.
43.18Service as an employee of Special School District No. 1, Minneapolis, on or after July 1,
43.192006, is "allowable service" only as provided by this chapter.; or
43.20(11) a period of service before July 1, 2015, that was properly credited as allowable
43.21service by the Duluth Teachers Retirement Fund Association, and that was rendered
43.22by a teacher as an employee of Independent School District No. 709, Duluth, or by an
43.23employee of the Duluth Teachers Retirement Fund Association who was a member of the
43.24Duluth Teachers Retirement Fund Association by virtue of that employment, who has not
43.25begun receiving an annuity or other retirement benefit from the former Duluth Teachers
43.26Retirement Fund Association calculated in whole or in part on that service before July
43.271, 2015, and who has not taken a refund of member contributions related to that service
43.28unless the refund is repaid under section354.50 , subdivision 4. Service as an employee
43.29of Independent School District No. 709, Duluth, on or after July 1, 2015, is "allowable
43.30service" only as provided by this chapter.
43.31 Sec. 6. Minnesota Statutes 2012, section 354.42, subdivision 2, is amended to read:
43.32 Subd. 2. Employee contribution. (a)For a basic member, The employee
43.33contribution to the fund is the following percentage of the member's salary:
44.5(b) For a coordinated member, the employee contribution is the following percentage
44.6of the member's salary:
44.12(c) (b) When an employee contribution rate changes for a fiscal year, the new
44.13contribution rate is effective for the entire salary paid for each employer unit with the
44.14first payroll cycle reported.
44.15(d) (c) After June 30, 2015, if a contribution rate revision is required under
44.16subdivisions 4a, 4b, and 4c, the employee contributions under paragraphs (a) and (b) must
44.17be adjusted accordingly.
44.18(e) (d) This contribution must be made by deduction from salary. Where any portion
44.19of a member's salary is paid from other than public funds, the member's employee
44.20contribution must be based on the entire salary received.
44.21 Sec. 7. Minnesota Statutes 2012, section 354.42, subdivision 3, is amended to read:
44.22 Subd. 3. Employer. (a) The regular employer contribution to the fund by Special
44.23School District No. 1, Minneapolis, is an amount equal to the applicable following
44.24percentage of salary of each coordinated member and the applicablefollowing percentage
44.25of salary of each basic member: specified in paragraph (c).
44.32The additional employer contribution to the fund by Special School District No. 1,
44.33Minneapolis, is an amount equal to 3.64 percent of the salary of each teacher who is a
44.34coordinated member or who is a basic member.
45.1(b) The regular employer contribution to the fund by Independent School District
45.2No. 709, Duluth, is an amount equal to the applicable percentage of salary of each old law
45.3or new law coordinated member specified for the coordinated program in paragraph (c).
45.4(b) (c) The employer contribution to the fund for every other employer is an amount
45.5equal to the applicable following percentage of the salary of each coordinated member and
45.6the applicable following percentage of the salary of each basic member:
45.13(c) (d) When an employer contribution rate changes for a fiscal year, the new
45.14contribution rate is effective for the entire salary paid for each employer unit with the
45.15first payroll cycle reported.
45.16(d) (e) After June 30, 2015, if a contribution rate revision is made under subdivisions
45.174a, 4b, and 4c, the employer contributions under paragraphs (a)and, (b), and (c) must
45.18be adjusted accordingly.
45.19 Sec. 8. Minnesota Statutes 2013 Supplement, section 354.436, is amended to read:
45.20354.436 DIRECT STATE AID ON BEHALF OF THE FORMER
45.21MINNEAPOLIS FIRST CLASS CITY TEACHERS RETIREMENT FUND
45.22ASSOCIATION ASSOCIATIONS.
45.23 Subdivision 1. Aid authorization. The state shall pay $12,954,000 to the Teachers
45.24Retirement Association on behalf of the former Minneapolis Teachers Retirement Fund
45.25Association and shall pay $14,377,000 during fiscal year 2015 to the Teachers Retirement
45.26Association for the credit of the Duluth Teachers Retirement Fund Association and, after
45.27fiscal year 2015, shall pay $14,377,000 on behalf of the Duluth Teachers Retirement
45.28Fund Association.
45.29 Subd. 2. Aid appropriation. The commissioner of management and budget shall
45.30pay the aid amounts under subdivision 1 annually on October 1. The amount required
45.31is appropriated annually from the general fund to the commissioner of management and
45.32budget.
45.33 Subd. 3. Aid expiration. The aid amounts specified in this sectionterminates
45.34 terminate and this section expires on the October 1 next following the later of the
45.35following dates: (1) when the current assets of the Teachers Retirement Association fund
45.36equal or exceed the actuarial accrued liabilities of the fund as determined in the most
46.1recent actuarial valuation report for the Teachers Retirement Association fund by the
46.2actuary retained under section356.214 , or on the established date for full funding under
46.3section
356.215, subdivision 11, whichever occurs earlier; or (2) when the member and
46.4employer contribution rates are first determined to be eligible for a reduction under section
46.5354.42, subdivisions 4a, 4b, 4c, and 4d.
46.6 Sec. 9. Minnesota Statutes 2013 Supplement, section 354.44, subdivision 6, is
46.7amended to read:
46.8 Subd. 6. Computation of formula program retirement annuity. (a) The formula
46.9retirement annuity must be computed in accordance with the applicable provisions of the
46.10formulas stated in paragraph (b) or (d) on the basis of each member's average salary under
46.11section354.05, subdivision 13a , for the period of the member's formula service credit.
46.12 (b) This paragraph, in conjunction with paragraph (c), applies to a person who first
46.13became a member of the association or a member of a pension fund listed in section
46.14356.30, subdivision 3
, before July 1, 1989, unless paragraph (d), in conjunction with
46.15paragraph (e), produces a higher annuity amount, in which case paragraph (d) applies. The
46.16average salary as defined in section354.05, subdivision 13a , multiplied by the following
46.17percentages per year of formula service credit shall determine the amount of the annuity to
46.18which the member qualifying therefor is entitled for service rendered before July 1, 2006:
46.24 For service rendered on or after July 1, 2006, by a member other than a member
46.25who was a member of the former Duluth Teachers Retirement Fund Association between
46.26January 1, 2006, and June 30, 2015, and for service rendered on or after July 1, 2013, by a
46.27member who was a member of the former Duluth Teachers Retirement Fund Association
46.28between January 1, 2013, and June 30, 2015, the average salary as defined in section
46.29354.05
, subdivision 13a, multiplied by the following percentages per year of service credit,
46.30determines the amount the annuity to which the member qualifying therefor is entitled:
46.36 (c)(i) This paragraph applies only to a person who first became a member of the
46.37association or a member of a pension fund listed in section356.30, subdivision 3 , before
47.1July 1, 1989, and whose annuity is higher when calculated under paragraph (b), in
47.2conjunction with this paragraph than when calculated under paragraph (d), in conjunction
47.3with paragraph (e).
47.4 (ii) Where any member retires prior to normal retirement age under a formula
47.5annuity, the member shall be paid a retirement annuity in an amount equal to the normal
47.6annuity provided in paragraph (b) reduced by one-quarter of one percent for each month
47.7that the member is under normal retirement age at the time of retirement except that for
47.8any member who has 30 or more years of allowable service credit, the reduction shall be
47.9applied only for each month that the member is under age 62.
47.10 (iii) Any member whose attained age plus credited allowable service totals 90 years
47.11is entitled, upon application, to a retirement annuity in an amount equal to the normal
47.12annuity provided in paragraph (b), without any reduction by reason of early retirement.
47.13 (d) This paragraph applies to a member who has become at least 55 years old and
47.14first became a member of the association after June 30, 1989, and to any other member
47.15who has become at least 55 years old and whose annuity amount when calculated under
47.16this paragraph and in conjunction with paragraph (e), is higher than it is when calculated
47.17under paragraph (b), in conjunction with paragraph (c). For a basic member, the average
47.18salary, as defined in section354.05, subdivision 13a , multiplied by 2.7 percent for each
47.19year of service for a basic member determines the amount of the retirement annuity to
47.20which the basic member is entitled. The annuity of a basic member who was a member of
47.21the former Minneapolis Teachers Retirement Fund Association as of June 30, 2006, must
47.22be determined according to the annuity formula under the articles of incorporation of the
47.23former Minneapolis Teachers Retirement Fund Association in effect as of that date. For a
47.24coordinated member, the average salary, as defined in section354.05 , subdivision 13a,
47.25multiplied by 1.7 percent for each year of service rendered before July 1, 2006, and by 1.9
47.26percent for each year of service rendered on or after July 1, 2006, for a member other than
47.27a member who was a member of the former Duluth Teachers Retirement Fund Association
47.28between January 1, 2006, and June 30, 2015, and by 1.9 percent for each year of service
47.29rendered on or after July 1, 2013, for a member of the former Duluth Teachers Retirement
47.30Fund Association between January 1, 2013, and June 30, 2015, determines the amount of
47.31the retirement annuity to which the coordinated member is entitled.
47.32 (e) This paragraph applies to a person who has become at least 55 years old and first
47.33becomes a member of the association after June 30, 1989, and to any other member who
47.34has become at least 55 years old and whose annuity is higher when calculated under
47.35paragraph (d) in conjunction with this paragraph than when calculated under paragraph
47.36(b), in conjunction with paragraph (c). An employee who retires under the formula annuity
48.1before the normal retirement age shall be paid the normal annuity provided in paragraph
48.2(d) reduced so that the reduced annuity is the actuarial equivalent of the annuity that
48.3would be payable to the employee if the employee deferred receipt of the annuity and the
48.4annuity amount were augmented at an annual rate of three percent compounded annually
48.5from the day the annuity begins to accrue until the normal retirement age if the employee
48.6became an employee before July 1, 2006, and at 2.5 percent compounded annually if the
48.7employee becomes an employee after June 30, 2006. Except in regards to section354.46 ,
48.8this paragraph remains in effect until June 30, 2015.
48.9(f) After June 30, 2020, this paragraph applies to a person who has become at least
48.1055 years old and first becomes a member of the association after June 30, 1989, and to any
48.11other member who has become at least 55 years old and whose annuity is higher when
48.12calculated under paragraph (d) in conjunction with this paragraph than when calculated
48.13under paragraph (b) in conjunction with paragraph (c). An employee who retires under
48.14the formula annuity before the normal retirement age is entitled to receive the normal
48.15annuity provided in paragraph (d). For a person who is at least age 62 or older and has at
48.16least 30 years of service, the annuity must be reduced by an early reduction factor of six
48.17percent per year of the annuity that would be payable to the employee if the employee
48.18deferred receipt of the annuity and the annuity amount were augmented at an annual rate
48.19of three percent compounded annually from the day the annuity begins to accrue until the
48.20normal retirement age if the employee became an employee before July 1, 2006, and at 2.5
48.21percent compounded annually if the employee became an employee after June 30, 2006.
48.22For a person who is not at least age 62 or older and does not have at least 30 years of
48.23service, the annuity would be reduced by an early reduction factor of four percent per year
48.24for ages 55 through 59 and seven percent per year of the annuity that would be payable
48.25to the employee if the employee deferred receipt of the annuity and the annuity amount
48.26were augmented at an annual rate of three percent compounded annually from the day
48.27the annuity begins to accrue until the normal retirement age if the employee became an
48.28employee before July 1, 2006, and at 2.5 percent compounded annually if the employee
48.29became an employee after June 30, 2006.
48.30(g) After June 30, 2015, and before July 1, 2020, for a person who would have
48.31a reduced retirement annuity under either paragraph (e) or (f) if they were applicable,
48.32the employee is entitled to receive a reduced annuity which must be calculated using
48.33a blended reduction factor augmented monthly by 1/60 of the difference between the
48.34reduction required under paragraph (e) and the reduction required under paragraph (f).
48.35 (h) No retirement annuity is payable to a former employee with a salary that exceeds
48.3695 percent of the governor's salary unless and until the salary figures used in computing
49.1the highest five successive years average salary under paragraph (a) have been audited by
49.2the Teachers Retirement Association and determined by the executive director to comply
49.3with the requirements and limitations of section354.05 , subdivisions 35 and 35a.
49.4 Sec. 10. [354.73] RETIREMENT COVERAGE RELATED TO THE FORMER
49.5DULUTH TEACHERS RETIREMENT FUND ASSOCIATION.
49.6 Subdivision 1. Application. This section applies to the retirement coverage of
49.7members of the former Duluth Teachers Retirement Fund Association transferred to the
49.8Teachers Retirement Association by section 46.
49.9 Subd. 2. Teachers Retirement Association as successor in interest. The Teachers
49.10Retirement Association is the successor in interest to all claims which the former Duluth
49.11Teachers Retirement Fund Association may have or may have been able to assert against
49.12any person on June 30, 2015, and is the successor in interest to all claims which could
49.13have been asserted against the former Duluth Teachers Retirement Fund Association,
49.14subject to the following:
49.15(1) the Teachers Retirement Association is not liable for any claim against the
49.16Duluth Teachers Retirement Fund Association, its former board or board members, which
49.17is founded upon a claim of breach of fiduciary duty, where the act or acts constituting the
49.18claimed breach were not done in good faith;
49.19(2) the Teachers Retirement Association may assert any applicable defense to
49.20any claim in any judicial or administrative proceeding that the former Duluth Teachers
49.21Retirement Fund Association or its board would otherwise have been entitled to assert;
49.22(3) the Teachers Retirement Association may assert any applicable defense that it
49.23may assert in its capacity as a statewide agency; and
49.24(4) the Teachers Retirement Association shall indemnify any former fiduciary of the
49.25Duluth Teachers Retirement Fund Association consistent with section356A.11 .
49.26 Subd. 3. Benefit calculation. (a) For every deferred, inactive, disabled, and
49.27retired member of the Duluth Teachers Retirement Fund Association transferred under
49.28subdivision 1, and the survivors of these members, annuities or benefits earned before July
49.291, 2015, other than future postretirement adjustments, must be calculated and paid by the
49.30Teachers Retirement Association under the laws, articles of incorporation, and bylaws of
49.31the former Duluth Teachers Retirement Fund Association that were in effect relative to
49.32the person on the date of the person's termination of active service covered by the former
49.33Duluth Teachers Retirement Fund Association.
49.34(b) Former Duluth Teachers Retirement Fund Association members who retired
49.35before July 1, 2015, must receive postretirement adjustments after January 1, 2015, only
50.1as provided in section356.415 . All other benefit recipients of the former Duluth Teachers
50.2Retirement Fund Association must receive postretirement adjustments after December 31,
50.32015, only as provided in section356.415 .
50.4(c) This consolidation does not impair or diminish benefits for an active, deferred,
50.5or retired member or a survivor of an active, deferred, or retired member under the
50.6former Duluth Teachers Retirement Fund Association in existence at the time of the
50.7consolidation, except that any future postretirement adjustments must be paid after July 1,
50.82015, in accordance with paragraph (b), and all benefits based on service on or after July
50.91, 2015, must be determined only by laws governing the Teachers Retirement Association.
50.10 Sec. 11. Minnesota Statutes 2012, section 354A.011, subdivision 11, is amended to read:
50.11 Subd. 11. Coordinated member. "Coordinated member" means any member of the
50.12teachers retirement fund association who is covered by any agreement or modification
50.13made between the state and the Secretary of Health, Education and Welfare making the
50.14provisions of the federal Old Age, Survivors and Disability Insurance Act applicable
50.15to certain teachersexcept in the case of a member of the Duluth Teachers Retirement
50.16Fund Association, in which it means additionally that the member either first became a
50.17member prior to July 1, 1981, and elected to be covered by the new law coordinated
50.18program of the Duluth Teachers Retirement Fund Association or first became a member
50.19on or subsequent to July 1, 1981.
50.20 Sec. 12. Minnesota Statutes 2012, section 354A.011, subdivision 15a, is amended to
50.21read:
50.22 Subd. 15a. Normal retirement age. "Normal retirement age" means age 65 for a
50.23person who first became a member of the coordinated program of the St. Paul Teachers
50.24Retirement Fund Associationor the new law coordinated program of the Duluth Teachers
50.25Retirement Fund Association or a member of a pension fund listed in section
356.30,
50.26subdivision 3 , before July 1, 1989. For a person who first became a member of the
50.27coordinated program of the St. Paul Teachers Retirement Fund Associationor the new law
50.28coordinated program of the Duluth Teachers Retirement Fund Association after June 30,
50.291989, normal retirement age means the higher of age 65 or retirement age, as defined in
50.30United States Code, title 42, section 416(l), as amended, but not to exceed age 66. For a
50.31person who is a member of the basic program of the St. Paul Teachers Retirement Fund
50.32Associationor the old law coordinated program of the Duluth Teachers Retirement Fund
50.33Association, normal retirement age means the age at which a teacher becomes eligible for
50.34a normal retirement annuity computed upon meeting the age and service requirements
51.1specified in the applicable provisions of the articles of incorporation or bylaws of the
51.2respective teachers retirement fund association.
51.3 Sec. 13. Minnesota Statutes 2012, section 354A.011, subdivision 27, is amended to read:
51.4 Subd. 27. Teacher. (a) "Teacher" means any person who renders service for a public
51.5school district, other than a charter school, located in the corporate limits ofDuluth or
51.6 St. Paul, as any of the following:
51.7(1) a full-time employee in a position for which a valid license from the state
51.8Department of Education is required;
51.9(2) an employee of the teachers retirement fund association located in the city ofthe
51.10first class St. Paul;
51.11(3) a part-time employee in a position for which a valid license from the state
51.12Department of Education is required; or
51.13(4) a part-time employee in a position for which a valid license from the state
51.14Department of Education is required who also renders other nonteaching services for the
51.15school district, unless the board of trustees of the teachers retirement fund association
51.16determines that the combined employment is on the whole so substantially dissimilar to
51.17teaching service that the service may not be covered by the association.
51.18(b) The term does not mean any person who renders service in the school district
51.19as any of the following:
51.20(1) an independent contractor or the employee of an independent contractor;
51.21(2) an employee who is a full-time teacher covered by the Teachers Retirement
51.22Associationor by another teachers retirement fund association established pursuant to
51.23this chapter or under chapter 354;
51.24(3) an employee who is exempt from licensure pursuant to section122A.30 ;
51.25(4) an employee who is a teacher in a technical college located in a city of the first
51.26class unless the person elects coverage by theapplicable first class city teacher retirement
51.27fund association under section354B.21, subdivision 2 ;
51.28(5) a teacher employed by a charter school, irrespective of the location of the
51.29school; or
51.30(6) an employee who is a part-time teacher in a technical college ina the city of the
51.31first class St. Paul and who has elected coverage by the applicable first class city teacher
51.32retirement fund association under section354B.21, subdivision 2 , but (i) the teaching
51.33service is incidental to the regular nonteaching occupation of the person; (ii) the applicable
51.34technical college stipulates annually in advance that the part-time teaching service will not
52.1exceed 300 hours in a fiscal year; and (iii) the part-time teaching actually does not exceed
52.2300 hours in the fiscal year to which the certification applies.
52.3 Sec. 14. Minnesota Statutes 2012, section 354A.021, subdivision 1, is amended to read:
52.4 Subdivision 1. Establishment. There is established a teachers retirement fund
52.5association ineach of the cities city of Duluth and St. Paul. The associations shall be
52.6 association is knownrespectively as the "Duluth Teachers Retirement Fund Association"
52.7and the "St. Paul Teachers Retirement Fund Association." Each The association shall be
52.8 is a continuation of the teachers retirement fund association with the same corporate
52.9name establishedpursuant to under the authorization contained in Laws 1909, chapter
52.10343, section 1.
52.11 Sec. 15. [354A.022] AUTHORIZATION TO CERTIFY FUNDS TO STATE
52.12BOARD OF INVESTMENT.
52.13 Subdivision 1. Certification of funds to State Board of Investment. The chief
52.14administrative officer of the Duluth Teachers Retirement Fund Association, from time
52.15to time, may certify to the State Board of Investment those portions of the assets of the
52.16retirement plan that are not needed for administrative expenses or benefit payments.
52.17Assets certified to the State Board of Investment must be invested under sections 11A.14
52.18and 11A.23. The chief administrative officer of the Duluth Teachers Retirement Fund
52.19Association may certify assets for withdrawal from the State Board of Investment only
52.20to make benefit payments or to pay administrative expenses or investment expenses of
52.21existing direct real estate holdings or assets that are noncompliant with State Board of
52.22Investment objectives or limitations.
52.23 Subd. 2. Investment of certified funds. Assets certified to the State Board of
52.24Investment are deemed to be from a covered retirement fund required to be invested by
52.25the State Board of Investment under section 11A.23.
52.26 Subd. 3. Expiration. This section expires June 30, 2015, if the consolidation
52.27provisions receive the local approvals in section 49 and all other requirements of section
52.2849 are met.
52.29 Sec. 16. Minnesota Statutes 2012, section 354A.092, is amended to read:
52.30354A.092 SABBATICAL LEAVE.
52.31Any teacher in the coordinated program of the St. Paul Teachers Retirement Fund
52.32Associationor any teacher in the new law coordinated program of the Duluth Teachers
52.33Retirement Fund Association who is granted a sabbatical leave shall be is entitled to
53.1receive allowable service credit in theapplicable association for periods of sabbatical
53.2leave. To obtain the service credit, the teacher on sabbatical leave shall make an employee
53.3contribution to theapplicable association. No teacher shall be is entitled to receive more
53.4than three years of allowable service creditpursuant to under this section for a period or
53.5periods of sabbatical leave during any ten consecutivefiscal or calendar years, whichever is
53.6the applicable plan year for the teachers retirement fund association. If the teacher granted a
53.7sabbatical leave makes the employee contribution for a period of sabbatical leavepursuant
53.8to under this section, the employing unit shall make an employer contribution on behalf of
53.9the teacher to theapplicable association for that period of sabbatical leave in the manner
53.10described in section354A.12, subdivision 2a . The employee and employer contributions
53.11shall must be in an amount equal to the employee and employer contribution rates in effect
53.12for other active members of the association covered by the same program applied to a salary
53.13figure equal to the teacher's actual covered salary for the plan year immediately preceding
53.14the sabbatical leave period. Payment of the employee contribution authorizedpursuant
53.15to under this section shall must be made by the teacher on or before June 30 of year
53.16next following the year in which the sabbatical leave terminated andshall must be made
53.17without interest. For sabbatical leaves taken after June 30, 1986, the required employer
53.18contributionsshall must be paid by the employing unit within 30 days after notification by
53.19the association of the amount due. If the employee contributions for the sabbatical leave
53.20period are less than an amount equal to the applicable contribution rate applied to a salary
53.21figure equal to the teacher's actual covered salary for the plan year immediately preceding
53.22the sabbatical leave period, service creditshall must be prorated. The prorated service
53.23creditshall must be determined by the ratio between the amount of the actual payment
53.24which was made and the full contribution amount payablepursuant to under this section.
53.25 Sec. 17. Minnesota Statutes 2012, section 354A.093, subdivision 1, is amended to read:
53.26 Subdivision 1. Eligibility. Any teacher in the coordinated program of the St. Paul
53.27Teachers Retirement Fund Associationor any teacher in the new law coordinated program
53.28of the Duluth Teachers Retirement Fund Association who is absent from employment by
53.29reason of service in the uniformed services as defined in United States Code, title 38,
53.30section 4303(13) and who returns to the employer providing active teaching service upon
53.31discharge from uniformed service within the time frames required under United States
53.32Code, title 38, section 4312(e), may receive allowable service credit in theapplicable
53.33 association for all or a portion of the period of uniformed service, provided that the teacher
53.34did not separate from uniformed service with a dishonorable or bad conduct discharge
53.35or under other than honorable conditions.
54.1 Sec. 18. Minnesota Statutes 2012, section 354A.096, is amended to read:
54.2354A.096 MEDICAL LEAVE.
54.3Any teacher in the coordinated program of the St. Paul Teachers Retirement Fund
54.4Associationor the new law coordinated program of the Duluth Teachers Retirement Fund
54.5Association who is on an authorized medical leave of absence and subsequently returns to
54.6teaching service is entitled to receive allowable service credit, not to exceed one year, for
54.7the period of leave, upon making the prescribed payment to the fund. This payment must
54.8include the required employee and employer contributions at the rates specified in section
54.9354A.12
, subdivisions 1 and 2a, as applied to the member's average full-time monthly
54.10salary rate on the date the leave of absence commenced plus annual interest at the rate of
54.118.5 percent per year from the end of the fiscal year during which the leave terminates to the
54.12end of the month during which payment is made. The member must pay the total amount
54.13required unless the employing unit, at its option, pays the employer contributions. The total
54.14amount required must be paid by the end of the fiscal year following the fiscal year in which
54.15the leave of absence terminated or before the member retires, whichever is earlier. Payment
54.16must be accompanied by a copy of the resolution or action of the employing authority
54.17granting the leave and the employing authority, upon granting the leave, must certify the
54.18leave to the association in a manner specified by the executive director. A member may not
54.19receive more than one year of allowable service credit during any fiscal year by making
54.20payment under this section. A member may not receive disability benefits under section
54.21354A.36
and receive allowable service credit under this section for the same period of time.
54.22 Sec. 19. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 1, is
54.23amended to read:
54.24 Subdivision 1. Employee contributions. (a) The contribution required to be paid
54.25by each member ofa the St. Paul Teachers Retirement Fund Association is the percentage
54.26of total salary specified below for the applicable association and program:
55.9(b) Contributionsshall must be made by deduction from salary and must be remitted
55.10directly to therespective St. Paul Teachers Retirement Fund Association at least once
55.11each month.
55.12(c) When an employee contribution rate changes for a fiscal year, the new
55.13contribution rate is effective for the entire salary paid by the employer with the first
55.14payroll cycle reported.
55.15 Sec. 20. Minnesota Statutes 2012, section 354A.12, subdivision 2, is amended to read:
55.16 Subd. 2. Retirement contribution levy disallowed. Except as provided in
55.17section423A.02, subdivision 3 , with respect to Independent School District No. 625,
55.18notwithstanding any law to the contrary, levies for the St. Paul Teachers Retirement Fund
55.19associations in the cities of Duluth and St. Paul Association, including levies for any
55.20employer Social Security taxes for teachers covered by theDuluth Teachers Retirement
55.21Fund Association or the St. Paul Teachers Retirement Fund Association, are disallowed.
55.22 Sec. 21. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 2a,
55.23is amended to read:
55.24 Subd. 2a. Employer regular and additional contributions. (a) The employing
55.25units shall make the following employer contributions to the teachers retirement fund
55.26associations association:
55.27(1) for any coordinated member ofone of the following St. Paul Teachers
55.28Retirement Fundassociations in a city of the first class Association, the employing unit
55.29shall make a regular employer contribution to therespective retirement fund association in
55.30an amount equal to the designated percentage of the salary of the coordinated member
55.31as provided below:
56.8(2) for any basic member of the St. Paul Teachers Retirement Fund Association, the
56.9employing unit shall make a regular employer contribution to the respective retirement
56.10fund in an amount according to the schedule below:
56.17(3) for a basic member of the St. Paul Teachers Retirement Fund Association, the
56.18employing unit shall make an additional employer contribution to the respective fund in
56.19an amount equal to 3.64 percent of the salary of the basic member;
56.20(4) for a coordinated member of the St. Paul Teachers Retirement Fund Association,
56.21the employing unit shall make an additional employer contribution to the respective fund
56.22in an amount equal tothe applicable percentage 3.84 percent of the coordinated member's
56.23salary, as provided below:.
56.25(b) The regular and additional employer contributions must be remitted directly to
56.26therespective St. Paul Teachers Retirement Fund Association at least once each month.
56.27Delinquent amounts are payable with interest under the procedure in subdivision 1a.
56.28(c) Payments of regular and additional employer contributions for school district
56.29or technical college employees who are paid from normal operating funds must be made
56.30from the appropriate fund of the district or technical college.
56.31(d) When an employer contribution rate changes for a fiscal year, the new
56.32contribution rate is effective for the entire salary paid by the employer with the first
56.33payroll cycle reported.
56.34 Sec. 22. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 3a,
56.35is amended to read:
57.1 Subd. 3a. Special direct state aid to first class city teachers retirement fund
57.2associations. (a) The state shall pay$346,000 as special direct state aid to the Duluth
57.3Teachers Retirement Fund Association and $2,827,000 to the St. Paul Teachers Retirement
57.4Fund Association.
57.5 (b) Theaids aid under this subdivision are is payable October 1 annually. The
57.6commissioner of management and budget shall pay theaids aid specified in this
57.7subdivision. Theamounts amount required are is appropriated annually from the general
57.8fund to the commissioner of management and budget.
57.9 Sec. 23. Minnesota Statutes 2012, section 354A.31, subdivision 1, is amended to read:
57.10 Subdivision 1. Age and service requirements. Any coordinated member or former
57.11coordinated member of theDuluth Teachers Retirement Fund Association or of the St.
57.12Paul Teachers Retirement Fund Association who has ceased to render teaching service for
57.13the Independent School District in which the teachers retirement fund association exists
57.14 No. 625, who is vested and who has either attained the age of at least 55 years or received
57.15credit for not less than 30 years of allowable service regardless of age,shall be is entitled
57.16upon written application to a retirement annuity.
57.17 Sec. 24. Minnesota Statutes 2012, section 354A.32, subdivision 1, is amended to read:
57.18 Subdivision 1. Optional forms generally. The board of the St. Paul Teachers
57.19Retirement Fund Association shall establish for the coordinated programand the board
57.20of the Duluth Teachers Retirement Fund Association shall establish for the new law
57.21coordinated program an optional retirement annuity which shall must take the form of
57.22a joint and survivor annuity.Each The board may also, in its discretion, establish an
57.23optional annuity whichshall may take the form of an annuity payable for a period certain
57.24and for life thereafter.Each The board shall also establish an optional retirement annuity
57.25that guarantees payment of the balance of the annuity recipient's accumulated deductions
57.26to a designated beneficiary upon the death of the annuity recipient. Except as provided in
57.27subdivision 1a, the optional annuity formsshall must be the actuarial equivalent of the
57.28normal forms provided in section354A.31 . In establishing these optional annuity forms,
57.29the board shall obtain the written recommendation of the actuary retained under section
57.30356.214
. The recommendation shall must be a part of the permanent records of the board.
57.31 Sec. 25. Minnesota Statutes 2012, section 354A.35, subdivision 1, is amended to read:
57.32 Subdivision 1. Death before retirement; refund. If a coordinated member or
57.33former coordinated member diesprior to before retirement or prior to before the receipt
58.1of any retirement annuity or other benefit payment which is or may be payable and a
58.2surviving spouse optional annuity is not payablepursuant to under subdivision 2, a
58.3refundshall must be paid to the person's surviving spouse, or if there is none, to the
58.4person's designated beneficiary, or if there is none, to the legal representative of the
58.5person's estate. For a coordinated member or former coordinated member of the St. Paul
58.6Teachers Retirement Fund Association, the refundshall must be in an amount equal to the
58.7person's accumulated employee contributions plus interest at the rate of six percent per
58.8annum compounded annually.For a coordinated member or former coordinated member
58.9of the Duluth Teachers Retirement Fund Association, the refund shall be in an amount
58.10equal to the person's accumulated employee contributions plus interest at the rate of six
58.11percent per annum compounded annually to July 1, 2010, and four percent per annum
58.12compounded annually thereafter.
58.13 Sec. 26. Minnesota Statutes 2012, section 354A.37, subdivision 3, is amended to read:
58.14 Subd. 3. Computation of refund amount. A former coordinated member who
58.15qualifies for a refund under subdivision 1shall is entitled to receive a refund equal to the
58.16amount of the former coordinated member's accumulated employee contributions with
58.17interest at the rate of six percent per annum compounded annually toJuly 1, 2010, if the
58.18person is a former member of the Duluth Teachers Retirement Fund Association, or to
58.19 July 1, 2011, if the person is a former member of the St. Paul Teachers Retirement Fund
58.20Association, and four percent per annum compounded annually thereafter.
58.21 Sec. 27. Minnesota Statutes 2012, section 354A.37, subdivision 4, is amended to read:
58.22 Subd. 4. Certain refunds at normal retirement age. Any coordinated member
58.23who has attained the normal retirement age with less than ten years of allowable service
58.24credit and has terminated active teaching serviceshall be is entitled to a refund in lieu of a
58.25proportionate annuity under section356.32 . The refund must be equal to the coordinated
58.26member's accumulated employee contributions plus interest at the rate of six percent
58.27compounded annually toJuly 1, 2010, if the person is a former member of the Duluth
58.28Teachers Retirement Fund Association, or to July 1, 2011, if the person is a former
58.29member of the St. Paul Teachers Retirement Fund Association, and four percent per
58.30annum compounded annually thereafter.
58.31 Sec. 28. Minnesota Statutes 2012, section 354A.39, is amended to read:
58.32354A.39 SERVICE IN OTHER PUBLIC RETIREMENT FUNDS; ANNUITY.
59.1Any person who has been a member of the Minnesota State Retirement System, the
59.2Public Employees Retirement Association including the Public Employees Retirement
59.3Association Police and Fire Fund, the Teachers Retirement Association, the Minnesota
59.4State Patrol Retirement Association, the legislators retirement plan, the constitutional
59.5officers retirement plan,the Duluth Teachers Retirement Fund Association new law
59.6coordinated program, the St. Paul Teachers Retirement Fund Association coordinated
59.7program, or any other public employee retirement system in the state of Minnesota
59.8having a like provision, but excluding all other funds providing retirement benefits for
59.9police officers or firefighters, is entitled, when qualified, to an annuity from each fund if
59.10the person's total allowable service in all of the funds or in any two or more of the funds
59.11totals three or more years, provided that no portion of the allowable service upon which
59.12the retirement annuity from one fund is based is used again in the computation for a
59.13retirement annuity from another fund and provided further that the person has not taken a
59.14refund from any of funds or associations since the person's membership in the fund or
59.15association has terminated. The annuity from each fund or association must be determined
59.16by the appropriate provisions of the law governing each fund or association, except that
59.17the requirement that a person must have at least three years of allowable service in the
59.18respective fund or association does not apply for the purposes of this section, provided
59.19that the aggregate service in two or more of these funds equals three or more years.
59.20 Sec. 29. Minnesota Statutes 2012, section 354A.41, is amended to read:
59.21354A.41 ADMINISTRATION OF COORDINATED PROGRAM.
59.22 Subdivision 1. Administrative provisions. The provisions of the articles of
59.23incorporation and bylaws of the St. Paul Teachers Retirement Fund Association relating
59.24to the administration of the fund shall govern the administration of the coordinated and
59.25basic programsand the provisions of the articles of incorporation and bylaws of the
59.26Duluth Teachers Retirement Fund Association relating to the administration of the fund
59.27shall govern the administration of the new law coordinated program in instances where the
59.28administrative provisions are not inconsistent withthe provisions of sections
354A.31 to
59.29354A.41
, including but not limited to provisions relating to the composition and function
59.30of the board of trustees, the investment of assets of the St. Paul Teachers Retirement Fund
59.31Association, and the definition of the plan year. The administrative provisions in the
59.32articles of incorporation and the bylaws of the Minneapolis Teachers Retirement Fund
59.33Association pertaining to the granting of pension benefits of the basic and coordinated
59.34programs are no longer in effect after June 30, 2006, and the administrative provisions of
60.1the Duluth Teachers Retirement Fund Association pertaining to retirement benefits of the
60.2old law coordinated program are no longer in effect after June 30, 2015.
60.3 Subd. 2. Actuarial valuations. In any actuarial valuation of the St. Paul Teachers
60.4Retirement Fund Association, or the Duluth Teachers Retirement Fund Association under
60.5section356.215 prepared by the actuary retained under section
356.214 or supplemental
60.6actuarial valuation prepared by an approved actuary retained by the St. Paul Teachers
60.7Retirement Fund Association, thereshall must be included a finding of the condition of the
60.8fund showing separately the basic and coordinated programsor the old law coordinated
60.9and new law coordinated programs, as appropriate. The finding shall must include the level
60.10normal cost and the applicable employee and employer contribution rates for each program.
60.11 Sec. 30. Minnesota Statutes 2012, section 354B.21, subdivision 3a, is amended to read:
60.12 Subd. 3a. Plan coverage and election; certain past service technical college
60.13faculty. (a) Notwithstanding subdivision 3, if an employee of the board was employed in
60.14a faculty position in a technical college on June 30, 1997, with coverage by the Teachers
60.15Retirement Association, the employee retains that coverage. If the employee was a
60.16technical college faculty member on June 30, 1995, covered by a first class city teacher
60.17retirement fund established under chapter 354A, the retirement coverage continues with
60.18theDuluth Teachers Retirement Fund Association or the St. Paul Teachers Retirement
60.19Fund Association, whichever is applicable. If the person was a technical college faculty
60.20member on June 30, 1995, covered by the former Minneapolis Teachers Retirement Fund
60.21Association or the former Duluth Teachers Retirement Fund Association, the Teachers
60.22Retirement Association shall provide coverage.
60.23(b) An employee under paragraph (a) who has coverage bya first class city
60.24teacher the St. Paul Teachers Retirement Fund Association retains that coverage for the
60.25duration of the person's employment by the board unless, within one year of a change in
60.26employment within the Minnesota State Colleges and Universities system, the person
60.27elects the individual retirement account plan for all future employment by the board.
60.28The election is irrevocable.
60.29 Sec. 31. Minnesota Statutes 2012, section 355.01, subdivision 2c, is amended to read:
60.30 Subd. 2c. Duluth teacher. "Duluth teacher" means a person employed by
60.31Independent School District No. 709, Duluth, who holds a position covered by theDuluth
60.32 Teachers RetirementFund Association established under chapter 354A section 354.73
60.33and section 46.
61.1 Sec. 32. Minnesota Statutes 2013 Supplement, section 356.20, subdivision 2, is
61.2amended to read:
61.3 Subd. 2. Covered public pension plans and funds. This section applies to the
61.4following public pension plans:
61.5 (1) the general state employees retirement plan of the Minnesota State Retirement
61.6System;
61.7 (2) the general employees retirement plan of the Public Employees Retirement
61.8Association;
61.9 (3) the Teachers Retirement Association;
61.10 (4) the State Patrol retirement plan;
61.11 (5) the St. Paul Teachers Retirement Fund Association;
61.12(6) the Duluth Teachers Retirement Fund Association;
61.13(7) (6) the University of Minnesota faculty retirement plan;
61.14(8) (7) the University of Minnesota faculty supplemental retirement plan;
61.15(9) (8) the judges retirement fund;
61.16(10) (9) the Bloomington Fire Department Relief Association;
61.17(11) (10) a volunteer firefighter relief association governed by section
424A.091 ;
61.18(12) (11) the public employees police and fire plan of the Public Employees
61.19Retirement Association;
61.20(13) (12) the correctional state employees retirement plan of the Minnesota State
61.21Retirement System;
61.22(14) (13) the local government correctional service retirement plan of the Public
61.23Employees Retirement Association; and
61.24(15) (14) the voluntary statewide lump-sum volunteer firefighter retirement plan.
61.25 Sec. 33. Minnesota Statutes 2013 Supplement, section 356.214, subdivision 1, is
61.26amended to read:
61.27 Subdivision 1. Actuary retention. (a) The governing board or managing or
61.28administrative official of each public pension plan and retirement fund or plan enumerated
61.29in paragraph (b) shall contract with an established actuarial consulting firm to conduct
61.30annual actuarial valuations and related services. The principal from the actuarial
61.31consulting firm on the contract must be an approved actuary under section356.215,
61.32subdivision 1 , paragraph (c).
61.33 (b) Actuarial services must include the preparation of actuarial valuations and
61.34related actuarial work for the following retirement plans:
61.35 (1) the teachers retirement plan, Teachers Retirement Association;
62.1 (2) the general state employees retirement plan, Minnesota State Retirement System;
62.2 (3) the correctional employees retirement plan, Minnesota State Retirement System;
62.3 (4) the State Patrol retirement plan, Minnesota State Retirement System;
62.4 (5) the judges retirement plan, Minnesota State Retirement System;
62.5 (6) the general employees retirement plan, Public Employees Retirement
62.6Association, including the MERF division;
62.7 (7) the public employees police and fire plan, Public Employees Retirement
62.8Association;
62.9(8) the Duluth teachers retirement plan, Duluth Teachers Retirement Fund
62.10Association;
62.11(9) (8) the St. Paul teachers retirement plan, St. Paul Teachers Retirement Fund
62.12Association;
62.13(10) (9) the legislators retirement plan, Minnesota State Retirement System; and
62.14(11) (10) the local government correctional service retirement plan, Public
62.15Employees Retirement Association.
62.16(c) The actuarial valuation for the legislators retirement plan must include a separate
62.17calculation of total plan actuarial accrued liabilities due to constitutional officer coverage
62.18under section3A.17 .
62.19 (d) The contracts must require completion of the annual actuarial valuation
62.20calculations on a fiscal year basis, with the contents of the actuarial valuation calculations
62.21as specified in section356.215 , and in conformity with the standards for actuarial work
62.22adopted by the Legislative Commission on Pensions and Retirement.
62.23 The contracts must require completion of annual experience data collection and
62.24processing and a quadrennial published experience study for the plans listed in paragraph
62.25(b), clauses (1), (2), and (6), as provided for in the standards for actuarial work adopted by
62.26the commission. The experience data collection, processing, and analysis must evaluate
62.27the following:
62.28 (1) individual salary progression;
62.29 (2) the rate of return on investments based on the current asset value;
62.30 (3) payroll growth;
62.31 (4) mortality;
62.32 (5) retirement age;
62.33 (6) withdrawal; and
62.34 (7) disablement.
62.35 (e) The actuary shall annually prepare a report to the governing or managing board
62.36or administrative official and the legislature, summarizing the results of the actuarial
63.1valuation calculations. The actuary shall include with the report any recommendations
63.2concerning the appropriateness of the support rates to achieve proper funding of
63.3the retirement plans by the required funding dates. The actuary shall, as part of the
63.4quadrennial experience study, include recommendations on the appropriateness of the
63.5actuarial valuation assumptions required for evaluation in the study.
63.6 (f) If the actuarial gain and loss analysis in the actuarial valuation calculations
63.7indicates a persistent pattern of sizable gains or losses, the governing or managing board
63.8or administrative official shall direct the actuary to prepare a special experience study for a
63.9plan listed in paragraph (b), clause (3), (4), (5), (7), (8), (9), or (10),or (11), in the manner
63.10provided for in the standards for actuarial work adopted by the commission.
63.11 Sec. 34. Minnesota Statutes 2013 Supplement, section 356.215, subdivision 8, is
63.12amended to read:
63.13 Subd. 8. Interest and salary assumptions. (a) The actuarial valuation must use
63.14the applicable following preretirement interest assumption and the applicable following
63.15postretirement interest assumption:
63.16(1) select and ultimate interest rate assumption
63.35Except for the legislators retirement plan and the constitutional officers calculation
63.36of total plan liabilities, the select preretirement interest rate assumption for the period
63.37after June 30, 2012, through June 30, 2017, is 8.0 percent. Except for the legislators
63.38retirement plan and the constitutional officers calculation of total plan liabilities, the select
63.39postretirement interest rate assumption for the period after June 30, 2012, through June
64.130, 2017, is 5.5 percent, except forthe Duluth teachers retirement plan and the St. Paul
64.2teachers retirement plan, each with a select postretirement interest rate assumption for the
64.3period after June 30, 2012, through June 30, 2017, of 8.0 percent.
64.4(2) single rate preretirement and postretirement interest rate assumption
64.10 (b) The actuarial valuation must use the applicable following single rate future salary
64.11increase assumption, the applicable following modified single rate future salary increase
64.12assumption, or the applicable following graded rate future salary increase assumption:
64.13 (1) single rate future salary increase assumption
64.19 (2) age-related future salary increase age-related select and ultimate future salary
64.20increase assumption or graded rate future salary increase assumption
64.25For plans other than theDuluth St. Paul
64.26teachers retirement plan and the local
64.27government correctional service retirement
64.28plan, the select calculation is: during the
64.29designated select period, a designated
64.30percentage rate is multiplied by the result of
64.31the designated integer minus T, where T is the
64.32number of completed years of service, and is
64.33added to the applicable future salary increase
64.34assumption. The designated select period is
64.35ten years and the designated integer is ten
64.36for the Duluth Teachers Retirement Fund
64.37Association and for the local government
64.38correctional service retirement plan and 15
65.1for the St. Paul Teachers Retirement Fund
65.2Association. The designated percentage
65.3rate is 0.2 percent for the St. Paul Teachers
65.4Retirement Fund Association.The select
65.5calculation for the Duluth Teachers
65.6Retirement Fund Association is 8.00 percent
65.7per year for service years one through seven,
65.87.25 percent per year for service years seven
65.9and eight, and 6.50 percent per year for
65.10service years eight and nine.
65.11 The ultimate future salary increase assumption is:
66.27(3) service-related ultimate future salary increase assumption
67.26 (c) The actuarial valuation must use the applicable following payroll growth
67.27assumption for calculating the amortization requirement for the unfunded actuarial
67.28accrued liability where the amortization retirement is calculated as a level percentage
67.29of an increasing payroll:
68.1 (d) The assumptions set forth in paragraphs (b) and (c) continue to apply, unless a
68.2different salary assumption or a different payroll increase assumption:
68.3 (1) has been proposed by the governing board of the applicable retirement plan;
68.4 (2) is accompanied by the concurring recommendation of the actuary retained under
68.5section356.214, subdivision 1 , if applicable, or by the approved actuary preparing the
68.6most recent actuarial valuation report if section356.214 does not apply; and
68.7 (3) has been approved or deemed approved under subdivision 18.
68.8 Sec. 35. Minnesota Statutes 2013 Supplement, section 356.219, subdivision 8, is
68.9amended to read:
68.10 Subd. 8. Timing of reports. (a) For the Bloomington Fire Department Relief
68.11Association and the volunteer firefighter relief associations, the information required
68.12under this section must be submitted by the due date for reports required under section
68.1369.051, subdivision 1
or 1a, as applicable. If a relief association satisfies the definition of
68.14a fully invested plan under subdivision 1, paragraph (b), for the calendar year covered
68.15by the report required under section69.051, subdivision 1 or 1a, as applicable, the chief
68.16administrative officer of the covered pension plan shall certify that compliance on a form
68.17prescribed by the state auditor. The state auditor shall transmit annually to the State Board
68.18of Investment a list or lists of covered pension plans which submitted certifications in
68.19order to facilitate reporting by the State Board of Investment under paragraph (c).
68.20(b) For the St. Paul Teachers Retirement Fund Association, the Duluth Teachers
68.21Retirement Fund Association, and the University of Minnesota faculty supplemental
68.22retirement plan, the information required under this section must be submitted to the state
68.23auditor by June 1 of each year.
68.24(c) The State Board of Investment, on behalf of pension funds specified in
68.25subdivision 1, paragraph (c),must shall report information required under this section by
68.26September 1 of each year.
68.27 Sec. 36. Minnesota Statutes 2013 Supplement, section 356.30, subdivision 3, is
68.28amended to read:
68.29 Subd. 3. Covered plans. This section applies to the following retirement plans:
68.30(1) the general state employees retirement plan of the Minnesota State Retirement
68.31System, established under chapter 352;
68.32(2) the correctional state employees retirement plan of the Minnesota State
68.33Retirement System, established under chapter 352;
68.34(3) the unclassified employees retirement program, established under chapter 352D;
69.1(4) the State Patrol retirement plan, established under chapter 352B;
69.2(5) the legislators retirement plan, established under chapter 3A, including
69.3constitutional officers as specified in that chapter;
69.4(6) the general employees retirement plan of the Public Employees Retirement
69.5Association, established under chapter 353, including the MERF division of the Public
69.6Employees Retirement Association;
69.7(7) the public employees police and fire retirement plan of the Public Employees
69.8Retirement Association, established under chapter 353;
69.9(8) the local government correctional service retirement plan of the Public
69.10Employees Retirement Association, established under chapter 353E;
69.11(9) the Teachers Retirement Association, established under chapter 354;
69.12(10) the St. Paul Teachers Retirement Fund Association, established under chapter
69.13354A; and
69.14(11) the Duluth Teachers Retirement Fund Association, established under chapter
69.15354A; and
69.16(12) (11) the judges retirement fund, established by chapter 490.
69.17 Sec. 37. Minnesota Statutes 2012, section 356.302, subdivision 7, is amended to read:
69.18 Subd. 7. Covered retirement plans. This section applies to the following
69.19retirement plans:
69.20(1) the general state employees retirement plan of the Minnesota State Retirement
69.21System, established by chapter 352;
69.22(2) the unclassified state employees retirement program of the Minnesota State
69.23Retirement System, established by chapter 352D;
69.24(3) the general employees retirement plan of the Public Employees Retirement
69.25Association, established by chapter 353, including the MERF division of the Public
69.26Employees Retirement Association;
69.27(4) the Teachers Retirement Association, established by chapter 354;
69.28(5) the Duluth Teachers Retirement Fund Association, established by chapter 354A;
69.29(6) (5) the St. Paul Teachers Retirement Fund Association, established by chapter
69.30354A;
69.31(7) (6) the state correctional employees retirement plan of the Minnesota State
69.32Retirement System, established by chapter 352;
69.33(8) (7) the State Patrol retirement plan, established by chapter 352B;
69.34(9) (8) the public employees police and fire plan of the Public Employees Retirement
69.35Association, established by chapter 353;
70.1(10) (9) the local government correctional service retirement plan of the Public
70.2Employees Retirement Association, established by chapter 353E; and
70.3(11) (10) the judges retirement plan, established by chapter 490.
70.4 Sec. 38. Minnesota Statutes 2012, section 356.303, subdivision 4, is amended to read:
70.5 Subd. 4. Covered retirement plans. This section applies to the following
70.6retirement plans:
70.7(1) the legislators retirement plan, established by chapter 3A;
70.8(2) the general state employees retirement plan of the Minnesota State Retirement
70.9System, established by chapter 352;
70.10(3) the correctional state employees retirement plan of the Minnesota State
70.11Retirement System, established by chapter 352;
70.12(4) the State Patrol retirement plan, established by chapter 352B;
70.13(5) the elective state officers retirement plan, established by chapter 352C;
70.14(6) the unclassified state employees retirement program, established by chapter 352D;
70.15(7) the general employees retirement plan of the Public Employees Retirement
70.16Association, established by chapter 353, including the MERF division of the Public
70.17Employees Retirement Association;
70.18(8) the public employees police and fire plan of the Public Employees Retirement
70.19Association, established by chapter 353;
70.20(9) the local government correctional service retirement plan of the Public
70.21Employees Retirement Association, established by chapter 353E;
70.22(10) the Teachers Retirement Association, established by chapter 354;
70.23(11) the Duluth Teachers Retirement Fund Association, established by chapter 354A;
70.24(12) (11) the St. Paul Teachers Retirement Fund Association, established by chapter
70.25354A; and
70.26(13) (12) the judges retirement fund, established by chapter 490.
70.27 Sec. 39. Minnesota Statutes 2012, section 356.32, subdivision 2, is amended to read:
70.28 Subd. 2. Covered retirement plans. The provisions of this section apply to the
70.29following retirement plans:
70.30(1) the general state employees retirement plan of the Minnesota State Retirement
70.31System, established under chapter 352;
70.32(2) the correctional state employees retirement plan of the Minnesota State
70.33Retirement System, established under chapter 352;
70.34(3) the State Patrol retirement plan, established under chapter 352B;
71.1(4) the general employees retirement plan of the Public Employees Retirement
71.2Association, established under chapter 353, including the MERF division of the Public
71.3Employees Retirement Association;
71.4(5) the public employees police and fire plan of the Public Employees Retirement
71.5Association, established under chapter 353;
71.6(6) the Teachers Retirement Association, established under chapter 354; and
71.7(7) the Duluth Teachers Retirement Fund Association, established under chapter
71.8354A; and
71.9(8) (7) the St. Paul Teachers Retirement Fund Association, established under chapter
71.10354A.
71.11 Sec. 40. Minnesota Statutes 2013 Supplement, section 356.401, subdivision 3, is
71.12amended to read:
71.13 Subd. 3. Covered retirement plans. The provisions of this section apply to the
71.14following retirement plans:
71.15(1) the legislators retirement plan, established by chapter 3A, including constitutional
71.16officers as specified in that chapter;
71.17(2) the general state employees retirement plan of the Minnesota State Retirement
71.18System, established by chapter 352;
71.19(3) the correctional state employees retirement plan of the Minnesota State
71.20Retirement System, established by chapter 352;
71.21(4) the State Patrol retirement plan, established by chapter 352B;
71.22(5) the unclassified state employees retirement program, established by chapter 352D;
71.23(6) the general employees retirement plan of the Public Employees Retirement
71.24Association, established by chapter 353, including the MERF division of the Public
71.25Employees Retirement Association;
71.26(7) the public employees police and fire plan of the Public Employees Retirement
71.27Association, established by chapter 353;
71.28(8) the public employees defined contribution plan, established by chapter 353D;
71.29(9) the local government correctional service retirement plan of the Public
71.30Employees Retirement Association, established by chapter 353E;
71.31(10) the voluntary statewide lump-sum volunteer firefighter retirement plan,
71.32established by chapter 353G;
71.33(11) the Teachers Retirement Association, established by chapter 354;
71.34(12) the Duluth Teachers Retirement Fund Association, established by chapter 354A;
72.1(13) (12) the St. Paul Teachers Retirement Fund Association, established by chapter
72.2354A;
72.3(14) (13) the individual retirement account plan, established by chapter 354B;
72.4(15) (14) the higher education supplemental retirement plan, established by chapter
72.5354C; and
72.6(16) (15) the judges retirement fund, established by chapter 490.
72.7 Sec. 41. Minnesota Statutes 2012, section 356.42, subdivision 3, is amended to read:
72.8 Subd. 3. Covered retirement plans. The postretirement adjustment provided in
72.9this section applies to the following retirement funds:
72.10(1) the general employees retirement plans of the Public Employees Retirement
72.11Association;
72.12(2) the public employees police and fire plan of the Public Employees Retirement
72.13Association;
72.14(3) the teachers retirement association;
72.15(4) the State Patrol retirement plan;
72.16(5) the state employees retirement plan of the Minnesota State Retirement System;
72.17 and
72.18(6) the St. Paul Teachers Retirement Fund Association established under chapter
72.19354A; and.
72.20(7) the Duluth Teachers Retirement Fund Association established under chapter
72.21354A.
72.22 Sec. 42. Minnesota Statutes 2012, section 356.465, subdivision 3, is amended to read:
72.23 Subd. 3. Covered retirement plans. The provisions of this section apply to the
72.24following retirement plans:
72.25(1) the general state employees retirement plan of the Minnesota State Retirement
72.26System established under chapter 352;
72.27(2) the correctional state employees retirement plan of the Minnesota State
72.28Retirement System established under chapter 352;
72.29(3) the State Patrol retirement plan established under chapter 352B;
72.30(4) the legislators retirement plan established under chapter 3A;
72.31(5) the judges retirement plan established under chapter 490;
72.32(6) the general employees retirement plan of the Public Employees Retirement
72.33Association established under chapter 353, including the MERF division of the Public
72.34Employees Retirement Association;
73.1(7) the public employees police and fire plan of the Public Employees Retirement
73.2Association established under chapter 353;
73.3(8) the teachers retirement plan established under chapter 354;
73.4(9) the Duluth Teachers Retirement Fund Association established under chapter
73.5354A;
73.6(10) (9) the St. Paul Teachers Retirement Fund Association established under
73.7chapter 354A; and
73.8(11) (10) the local government correctional service retirement plan of the Public
73.9Employees Retirement Association established under chapter 353E.
73.10 Sec. 43. Minnesota Statutes 2012, section 356.47, subdivision 3, is amended to read:
73.11 Subd. 3. Payment. (a) Beginning one year after the reemployment withholding
73.12period ends relating to the reemployment that gave rise to the limitation, and the filing of a
73.13written application, the retired member is entitled to the payment, in a lump sum, of the
73.14value of the person's amount under subdivision 2, plus annual compound interest. For the
73.15general state employees retirement plan, the correctional state employees retirement plan,
73.16the general employees retirement plan of the Public Employees Retirement Association,
73.17the public employees police and fire retirement plan, the local government correctional
73.18employees retirement plan, and the teachers retirement plan, the annual interest rate is
73.19six percent from the date on which the amount was deducted from the retirement annuity
73.20to the date of payment or until January 1, 2011, whichever is earlier, and no interest
73.21after January 1, 2011.For the Duluth Teachers Retirement Fund Association, the annual
73.22interest is six percent from the date on which the amount was deducted from the retirement
73.23annuity to the date of payment or until June 30, 2010, whichever is earlier, and with
73.24no interest accrual after June 30, 2010. For the St. Paul Teachers Retirement Fund
73.25Association, the annual interest is the rate of six percent from the date that the amount was
73.26deducted from the retirement annuity to the date of payment or June 30, 2011, whichever
73.27is earlier, and with no interest accrual after June 30, 2011.
73.28 (b) The written application must be on a form prescribed by the chief administrative
73.29officer of the applicable retirement plan.
73.30 (c) If the retired member dies before the payment provided for in paragraph (a) is
73.31made, the amount is payable, upon written application, to the deceased person's surviving
73.32spouse, or if none, to the deceased person's designated beneficiary, or if none, to the
73.33deceased person's estate.
73.34 (d) In lieu of the direct payment of the person's amount under subdivision 2, on
73.35or after the payment date under paragraph (a), if the federal Internal Revenue Code so
74.1permits, the retired member may elect to have all or any portion of the payment amount
74.2under this section paid in the form of a direct rollover to an eligible retirement plan as
74.3defined in section 402(c) of the federal Internal Revenue Code that is specified by the
74.4retired member. If the retired member dies with a balance remaining payable under this
74.5section, the surviving spouse of the retired member, or if none, the deceased person's
74.6designated beneficiary, or if none, the administrator of the deceased person's estate may
74.7elect a direct rollover under this paragraph.
74.8 Sec. 44. Minnesota Statutes 2012, section 356.99, subdivision 1, is amended to read:
74.9 Subdivision 1. Definitions. (a) For purposes of this section, the terms in paragraphs
74.10(b) to (e) have the meanings given them.
74.11(b) "Chief administrative officer" means the person selected or elected by the
74.12governing board of a covered pension plan with primary responsibility to administer the
74.13covered pension plan, or that person's designee or representative.
74.14(c) "Covered pension plan" means a plan enumerated in section356.30, subdivision
74.153 , except clauses (3), (5), and (6).
74.16(d) "Governing board" means the governing board of the Minnesota State Retirement
74.17System, the Public Employees Retirement Association, the Teachers Retirement
74.18Association,the Duluth Teachers Retirement Fund Association, or the St. Paul Teachers
74.19Retirement Fund Association.
74.20(e) "Member" means an active plan member in a covered pension plan.
74.21 Sec. 45. Minnesota Statutes 2013 Supplement, section 423A.02, subdivision 3, is
74.22amended to read:
74.23 Subd. 3. Reallocation of amortization state aid. (a) Seventy percent of the
74.24difference between $5,720,000 and the current year amortization aid distributed under
74.25subdivision 1 that is not distributed for any reason to a municipality must be distributed
74.26by the commissioner of revenue according to this paragraph. The commissioner shall
74.27distribute50 60 percent of the amounts derived under this paragraph to the Teachers
74.28Retirement Association,ten percent to the Duluth Teachers Retirement Fund Association,
74.29 and 40 percent to the St. Paul Teachers Retirement Fund Association to fund the unfunded
74.30actuarial accrued liabilities of the respective funds. These payments must be made on July
74.3115 each fiscal year. If the St. Paul Teachers Retirement Fund Association or the Duluth
74.32Teachers Retirement Fund Association becomes fully funded, the association's eligibility
74.33for its portion of this aid ceases. Amounts remaining in the undistributed balance account
74.34at the end of the biennium if aid eligibility ceases cancel to the general fund.
75.1 (b) In order to receive amortization aid under paragraph (a), before June 30 annually
75.2Independent School District No. 625, St. Paul, must make an additional contribution of
75.3$800,000 each year to the St. Paul Teachers Retirement Fund Association.
75.4 (c) Thirty percent of the difference between $5,720,000 and the current year
75.5amortization aid under subdivision 1a that is not distributed for any reason to a
75.6municipality must be distributed under section69.021, subdivision 7 , paragraph (d), as
75.7additional funding to support a minimum fire state aid amount for volunteer firefighter
75.8relief associations.
75.9 Sec. 46. CONSOLIDATION OF DULUTH TEACHERS RETIREMENT FUND
75.10ASSOCIATION.
75.11 Subdivision 1. Membership transfer. All active, inactive, and retired members
75.12of the Duluth Teachers Retirement Fund Association are transferred to the Teachers
75.13Retirement Association and are no longer members of the Duluth Teachers Retirement
75.14Fund Association as of July 1, 2015.
75.15 Subd. 2. Teachers Retirement Association membership. A person first hired as a
75.16teacher by Independent School District No. 709, Duluth, after June 30, 2015, and who is a
75.17teacher as defined in Minnesota Statutes, section354.05 , subdivision 2, is a member of the
75.18Teachers Retirement Association for the person's subsequent teaching service.
75.19 Subd. 3. Service credit and liability transfer. All allowable service and salary
75.20credit of the members and other individuals transferred under subdivision 1 as specified
75.21in the records of the Duluth Teachers Retirement Fund Association as of June 30, 2015,
75.22is allowable service credit under Minnesota Statutes, section354.05 , subdivision 13,
75.23formula service credit under Minnesota Statutes, section354.05 , subdivision 25, and
75.24salary credit under Minnesota Statutes, section354.05 , subdivision 35, for the Teachers
75.25Retirement Association.
75.26 Subd. 4. Transfer of records. On or before June 30, 2015, the chief administrative
75.27officer of the Duluth Teachers Retirement Fund Association shall transfer all records and
75.28documents relating to the funds and the benefit plans of the association to the executive
75.29director of the Teachers Retirement Association. To the extent possible, original copies of
75.30all records and documents must be transferred.
75.31 Subd. 5. Transfer of assets. (a) On or before December 31, 2014, the chief
75.32administrative officer of the Duluth Teachers Retirement Fund Association shall transfer
75.33to the State Board of Investment for investment under Minnesota Statutes, section 11A.14,
75.34the entire assets of the special retirement fund, except for direct real estate holdings, of the
75.35Duluth Teachers Retirement Fund Association.
76.1(b) By August 1, 2014, the chief administrative officer of the Duluth Teachers
76.2Retirement Fund Association must provide to the State Board of Investment a list of
76.3assets that are intended to be transferred.
76.4(c) The executive director of the State Board of Investment shall review the assets
76.5and determine which assets are not in compliance with the requirements and limitations
76.6set forth in Minnesota Statutes, sections 11A.09, 11A.14, 11A.23, and 11A.24, or are
76.7not appropriate for retention under the established investment objectives of the State
76.8Board of Investment. Within 30 days of receipt of the list of assets that are intended to
76.9be transferred, the executive director of the State Board of Investment shall provide the
76.10chief administrative officer of the Duluth Teachers Retirement Fund Association with a
76.11list of assets that are acceptable for transfer and a list of assets that are noncompliant or
76.12inappropriate. Acceptable assets, including cash, must be transferred at market value,
76.13and transfers may begin upon the transfer of legal title and notification by the chief
76.14administrative officer of the Duluth Teachers Retirement Fund Association to the State
76.15Board of Investment.
76.16(d) Assets deemed to be noncompliant or inappropriate must be retained by the
76.17Duluth Teachers Retirement Fund Association. Within 30 days of receipt of the list of
76.18noncompliant or inappropriate assets, the chief administrative officer of the Duluth
76.19Teachers Retirement Fund Association must provide the executive director of the State
76.20Board of Investment with evidence that the chief administrative officer of the Duluth
76.21Teachers Retirement Fund Association is taking action to convert noncompliant or
76.22inappropriate assets to acceptable assets.
76.23(e) Beginning January 1, 2015, the executive director of the State Board of
76.24Investment is authorized to direct the process of transferring legal title of assets for which
76.25such change is deemed necessary.
76.26(f) On June 30, 2015, the remaining assets of the special retirement fund of the
76.27Duluth Teachers Retirement Fund Association are transferred to the State Board of
76.28Investment at market values determined by the executive director of the State Board of
76.29Investment. Legal title to transferred assets vests with the State Board of Investment
76.30on behalf of the Teachers Retirement Association. The transfer of the assets of the
76.31Duluth Teachers Retirement Fund Association special retirement fund must include any
76.32investment-related accounts receivable that are determined by the executive director
76.33of the State Board of Investment as reasonably capable of being collected and any
76.34non-investment-related accounts receivable that are determined by the executive director
76.35of the Teachers Retirement Association as reasonably capable of being collected. For
76.36accounts receivable that are determined as not reasonably capable of being collected, legal
77.1title to the account transfers to Independent School District No. 709, Duluth, as of the
77.2date of the determination of the executive director of the State Board of Investment and
77.3the executive director of the Teachers Retirement Association. If the accounts receivable
77.4transferred to Independent School District No. 709, Duluth, are subsequently recovered
77.5by the school district, the superintendent of Independent School District No. 709, Duluth,
77.6shall transfer the recovered amount to the executive director of the Teachers Retirement
77.7Association, in cash, for deposit in the teachers retirement fund, less the reasonable
77.8expenses of the school district related to the recovery. If the board of trustees of the Duluth
77.9Teachers Retirement Fund Association establishes a liquidating trust and deposits any of
77.10the retirement fund association assets in that trust or if the legislative auditor determines
77.11that the transferred assets were in an amount less than the full assets of the retirement fund
77.12association other than assets in the tax sheltered annuity program on the date of transfer as
77.13specified in paragraph (g), the amount of any untransferred assets are a claim against the
77.14state aid otherwise payable to Independent School District No. 709, Duluth, payable to the
77.15Teachers Retirement Association by the commissioner of management and budget upon
77.16request by the executive director of the Teachers Retirement Association.
77.17(g) As of June 30, 2015, assets of the special retirement fund, except for direct real
77.18estate holdings, of the Duluth Teachers Retirement Fund Association are assets of the
77.19Teachers Retirement Association to be invested by the State Board of Investment under
77.20Minnesota Statutes, section 354.07, subdivision 4.
77.21 Subd. 6. Termination of Duluth Teachers Retirement Fund Association special
77.22retirement fund. (a) As of June 30, 2015, the Duluth Teachers Retirement Fund
77.23Association as a public retirement plan and its special retirement fund ceases to exist.
77.24(b) Contracts, records, and obligations of the Duluth Teachers Retirement Fund
77.25Association special retirement fund existing at the time of consolidation with the Teachers
77.26Retirement Association are transferred to the Teachers Retirement Association under
77.27Minnesota Statutes, section15.039 , subdivisions 5 and 5a, except that contracts, records,
77.28and obligations of the Duluth Teachers Retirement Fund Association special retirement
77.29fund related to investment and safekeeping of assets are transferred to the State Board
77.30of Investment under Minnesota Statutes, section15.039 , subdivisions 5 and 5a. The
77.31State Board of Investment has the authority to pay the investment-related liabilities
77.32and obligations from the assets transferred from the Duluth Teachers Retirement Fund
77.33Association incurred by the Teachers Retirement Association. The legislative auditor shall
77.34audit the Duluth Teachers Retirement Fund Association for the fiscal year ending June 30,
77.352015, as part of the Teachers Retirement Association board's annual financial reporting
77.36requirements under Minnesota Statutes, section 356.20. The board of trustees of the
78.1Teachers Retirement Association may authorize and contract with either the legislative
78.2auditor or the state auditor to perform other audit services. Between April 1, 2015, and
78.3June 30, 2015, the Duluth Teachers Retirement Fund Association cannot incur a new or
78.4additional enforceable contractual liability or obligation without approval of the executive
78.5director of the Teachers Retirement Association.
78.6 Sec. 47. DULUTH TEACHERS RETIREMENT FUND ASSOCIATION
78.7EMPLOYEES.
78.8Effective June 30, 2015, the employees of the Duluth Teachers Retirement
78.9Fund Association have their employment with the Duluth Teachers Retirement Fund
78.10Association terminated and, effective July 1, 2015, unless the former employee elects
78.11otherwise, the Duluth Teachers Retirement Fund Association employees, excluding the
78.12Executive Director, become employees of the Teachers Retirement Association. The
78.13commissioner of management and budget shall place employees from the former Duluth
78.14Teachers Retirement Fund Association into state service in their proper classifications,
78.15except that employees are appointed without examination and must be compensated at no
78.16less than their current hourly salary rate. Employees must have their accumulated, but
78.17unused, vacation leave balance as of June 30, 2015, posted to their credit by the Teachers
78.18Retirement Association, but if the employee has vacation time in excess of the applicable
78.19maximum, no additional vacation may accrue until the employee's balance falls below
78.20the maximum permitted by the state for the employee's position. The employees must
78.21receive length of service credit for vacation leave accrual for time served at the Duluth
78.22Teachers Retirement Fund Association. Duluth Teachers Retirement Fund Association
78.23employees who become employees of the Teachers Retirement Association effective on
78.24July 1, 2015, must be considered to have completed six months of continuous service
78.25for vacation use purposes. Employees of the former Duluth Teachers Retirement Fund
78.26Association appointed to the classified service are subject to a probationary period under
78.27the collective bargaining agreement or compensation plan applicable to the employee's
78.28position at the Teachers Retirement Association. Effective July 1, 2015, all transferred
78.29employees must be enrolled in the state employees' group insurance program as provided
78.30in Minnesota Statutes, sections 43A.22 to 43A.31, and the commissioner of management
78.31and budget shall provide open enrollment in all state employee health and dental insurance
78.32plans with no limitation on preexisting conditions except as specified in existing state
78.33employee certificates of coverage. The commissioner of management and budget shall
78.34provide these transferred employees with the opportunity to purchase optional life and
79.1disability insurance as provided by the state group insurance program in accordance with
79.2the policies of management and budget.
79.3 Sec. 48. REPEALER.
79.4(a) Minnesota Statutes 2012, sections 354A.021, subdivision 5; 354A.108; 354A.24;
79.5and 354A.27, subdivision 5, are repealed.
79.6(b) Minnesota Statutes 2013 Supplement, sections 354A.27, subdivisions 6a and 7;
79.7and 354A.31, subdivision 4a, are repealed.
79.8 Sec. 49. EFFECTIVE DATE.
79.9(a) Section 8, subdivision 1, and section 22 are effective July 1, 2014. Section 46,
79.10subdivision 5, is effective October 1, 2014. Sections 1 to 7, 8, subdivisions 2 and 3, 9 to
79.1114, 16 to 21, 23 to 45, 46, subdivisions 1 to 4 and 6, 47, and 48, are effective June 30,
79.122015, if the following approve the consolidation provisions before October 1, 2014:
79.13(1) the board of trustees of the Duluth Teachers Retirement Fund Association;
79.14(2) the membership of the Duluth Teachers Retirement Fund Association; and
79.15(3) the board of trustees of the Teachers Retirement Association.
79.16(b) An approval under paragraph (a) must be provided in a timely manner in
79.17compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, to the secretary
79.18of state, the state auditor, the legislative auditor, and the revisor of statutes by the chief
79.19administrative officer of the Duluth Teachers Retirement Fund Association for an approval
79.20under paragraph (a) by the board of trustees of the Duluth Teachers Retirement Fund
79.21Association or by the membership of the Duluth Teachers Retirement Fund Association and
79.22by the chief administrative officer of the Teachers Retirement Association for an approval
79.23under paragraph (a) by the board of trustees of the Teachers Retirement Association.
79.27 Section 1. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 3a,
79.28is amended to read:
79.29 Subd. 3a.Special Direct state aid to first class city teachers retirement fund
79.30associations. (a) The state shall pay $346,000 as special direct state aid to the Duluth
79.31Teachers Retirement Fund Association and $2,827,000 to the St. Paul Teachers Retirement
79.32Fund Association.
80.1(b) In addition to other amounts specified in this subdivision, the state shall pay
80.2$7,000,000 as state aid to the St. Paul Teachers Retirement Fund Association.
80.3(b) (c) The aids under this subdivision are payable October 1 annually. The
80.4commissioner of management and budget shall pay the aids specified in this subdivision.
80.5The amounts required are appropriated annually from the general fund to the commissioner
80.6of management and budget.
80.7EFFECTIVE DATE.This section is effective September 30, 2015.
80.8 Sec. 2. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 3c, is
80.9amended to read:
80.10 Subd. 3c. Termination of supplemental contributions and direct matching
80.11and state aid. (a) The supplemental contributions payable to the St. Paul Teachers
80.12Retirement Fund Association by Independent School District No. 625 under section
80.13423A.02, subdivision 3
, and all forms of state aid under subdivision 3a to the St. Paul
80.14Teachers Retirement Fund Association must continue until the current assets of the fund
80.15equal or exceed the actuarial accrued liability of the fund as determined in the most recent
80.16actuarial report for the fund by the actuary retained under section356.214 or until June
80.1730, 2037 the established date for full funding under section 356.215, subdivision 11,
80.18whichever occurs earlier.
80.19(b) The aid to the Duluth Teachers Retirement Fund Association under section
80.20423A.02, subdivision 3
, and all forms of state aid under subdivision 3a to the Duluth
80.21Teachers Retirement Fund Association must continue until the current assets of the fund
80.22equal or exceed the actuarial accrued liability of the fund as determined in the most
80.23recent actuarial report for the fund by the actuary retained under section356.214 or until
80.24the established date for full funding under section356.215, subdivision 11 , whichever
80.25occurs earlier.
80.26EFFECTIVE DATE.This section is effective the day following final enactment.
80.27 Sec. 3. Minnesota Statutes 2012, section 356.215, subdivision 11, is amended to read:
80.28 Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
80.29the level normal cost, the actuarial valuation of the retirement plan must contain an
80.30exhibit for financial reporting purposes indicating the additional annual contribution
80.31sufficient to amortize the unfunded actuarial accrued liability and must contain an exhibit
80.32for contribution determination purposes indicating the additional contribution sufficient
80.33to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
81.1subdivision 8, paragraph (c), but excluding the MERF division of the Public Employees
81.2Retirement Association and the legislators retirement plan, the additional contribution
81.3must be calculated on a level percentage of covered payroll basis by the established
81.4date for full funding in effect when the valuation is prepared, assuming annual payroll
81.5growth at the applicable percentage rate set forth in subdivision 8, paragraph (c). For all
81.6other retirement plans and for the MERF division of the Public Employees Retirement
81.7Association and the legislators retirement plan, the additional annual contribution must be
81.8calculated on a level annual dollar amount basis.
81.9 (b) For any retirement plan other than the general state employees retirement plan
81.10of the Minnesota State Retirement System or a retirement plan governed by paragraph
81.11(d), (e), (f), (g), (h), (i), or (j), if there has not been a change in the actuarial assumptions
81.12used for calculating the actuarial accrued liability of the fund, a change in the benefit
81.13plan governing annuities and benefits payable from the fund, a change in the actuarial
81.14cost method used in calculating the actuarial accrued liability of all or a portion of the
81.15fund, or a combination of the three, which change or changes by itself or by themselves
81.16without inclusion of any other items of increase or decrease produce a net increase in the
81.17unfunded actuarial accrued liability of the fund, the established date for full funding is the
81.18first actuarial valuation date occurring after June 1, 2020.
81.19 (c) For any retirement plan other than the general employees retirement plan of the
81.20Public Employees Retirement Association, if there has been a change in any or all of the
81.21actuarial assumptions used for calculating the actuarial accrued liability of the fund, a
81.22change in the benefit plan governing annuities and benefits payable from the fund, a
81.23change in the actuarial cost method used in calculating the actuarial accrued liability of all
81.24or a portion of the fund, or a combination of the three, and the change or changes, by itself
81.25or by themselves and without inclusion of any other items of increase or decrease, produce
81.26a net increase in the unfunded actuarial accrued liability in the fund, the established date
81.27for full funding must be determined using the following procedure:
81.28 (i) the unfunded actuarial accrued liability of the fund must be determined in
81.29accordance with the plan provisions governing annuities and retirement benefits and the
81.30actuarial assumptions in effect before an applicable change;
81.31 (ii) the level annual dollar contribution or level percentage, whichever is applicable,
81.32needed to amortize the unfunded actuarial accrued liability amount determined under item
81.33(i) by the established date for full funding in effect before the change must be calculated
81.34using the interest assumption specified in subdivision 8 in effect before the change;
81.35 (iii) the unfunded actuarial accrued liability of the fund must be determined in
81.36accordance with any new plan provisions governing annuities and benefits payable from
82.1the fund and any new actuarial assumptions and the remaining plan provisions governing
82.2annuities and benefits payable from the fund and actuarial assumptions in effect before
82.3the change;
82.4 (iv) the level annual dollar contribution or level percentage, whichever is applicable,
82.5needed to amortize the difference between the unfunded actuarial accrued liability amount
82.6calculated under item (i) and the unfunded actuarial accrued liability amount calculated
82.7under item (iii) over a period of 30 years from the end of the plan year in which the
82.8applicable change is effective must be calculated using the applicable interest assumption
82.9specified in subdivision 8 in effect after any applicable change;
82.10 (v) the level annual dollar or level percentage amortization contribution under item
82.11(iv) must be added to the level annual dollar amortization contribution or level percentage
82.12calculated under item (ii);
82.13 (vi) the period in which the unfunded actuarial accrued liability amount determined
82.14in item (iii) is amortized by the total level annual dollar or level percentage amortization
82.15contribution computed under item (v) must be calculated using the interest assumption
82.16specified in subdivision 8 in effect after any applicable change, rounded to the nearest
82.17integral number of years, but not to exceed 30 years from the end of the plan year in which
82.18the determination of the established date for full funding using the procedure set forth in this
82.19clause is made and not to be less than the period of years beginning in the plan year in which
82.20the determination of the established date for full funding using the procedure set forth in
82.21this clause is made and ending by the date for full funding in effect before the change; and
82.22 (vii) the period determined under item (vi) must be added to the date as of which
82.23the actuarial valuation was prepared and the date obtained is the new established date
82.24for full funding.
82.25 (d) For the MERF division of the Public Employees Retirement Association, the
82.26established date for full funding is June 30, 2031.
82.27 (e) For the general employees retirement plan of the Public Employees Retirement
82.28Association, the established date for full funding is June 30, 2031.
82.29 (f) For the Teachers Retirement Association, the established date for full funding is
82.30June 30, 2037.
82.31 (g) For the correctional state employees retirement plan of the Minnesota State
82.32Retirement System, the established date for full funding is June 30, 2038.
82.33 (h) For the judges retirement plan, the established date for full funding is June
82.3430, 2038.
82.35 (i) For the public employees police and fire retirement plan, the established date
82.36for full funding is June 30, 2038.
83.1 (j) For the St. Paul Teachers Retirement Fund Association, the established date for
83.2full funding is June 30of the 25th year from the valuation date, 2042. In addition to
83.3other requirements of this chapter, the annual actuarial valuation must contain an exhibit
83.4indicating the funded ratio and the deficiency or sufficiency in annual contributions when
83.5comparing liabilities to the market value of the assets of the fund as of the close of the
83.6most recent fiscal year.
83.7(k) For the general state employees retirement plan of the Minnesota State
83.8Retirement System, the established date for full funding is June 30, 2040.
83.9 (l) For the retirement plans for which the annual actuarial valuation indicates an
83.10excess of valuation assets over the actuarial accrued liability, the valuation assets in
83.11excess of the actuarial accrued liability must be recognized as a reduction in the current
83.12contribution requirements by an amount equal to the amortization of the excess expressed
83.13as a level percentage of pay over a 30-year period beginning anew with each annual
83.14actuarial valuation of the plan.
83.15EFFECTIVE DATE.This section is effective the day following final enactment.
83.18 Section 1. Minnesota Statutes 2012, section 136F.481, is amended to read:
83.19136F.481 EARLY SEPARATION INCENTIVE PROGRAM.
83.20(a) Notwithstanding any provision of law to the contrary, the Board of Trustees
83.21of the Minnesota State Colleges and Universities may offer a targeted early separation
83.22incentive program for its employees.
83.23(b) The early separation incentive program may include one or both of the following:
83.24(1) cash incentives, not to exceed one year of base salary; or
83.25(2) employer contributions to the postretirement healthcare savings plan established
83.26under section352.98 .
83.27(c) To be eligible to receive an incentive, an employee must be at least age 55
83.28and must have at least five years of employment by the Minnesota State Colleges and
83.29Universities System. The board of trustees shall establish and periodically revise the
83.30eligibility requirements for system employees to receive an incentive. The board of
83.31trustees shall file a copy of its proposed revised eligibility requirements with the chairs
83.32and ranking members of the senate committeeon with higher education within its
83.33jurisdiction and theHigher Education budget and Policy senate finance division of the
83.34senate Committee on Finance with higher education within its jurisdiction and with the
84.1chair and ranking members of theHigher Education and Workforce Development Finance
84.2and Policy Division of the Finance committee of in the house of representatives with
84.3higher education within its jurisdiction and of the house of representatives Committee
84.4on Ways and Means, at least 30 days beforetheir the final adoption of the proposed
84.5revised eligibility requirements by the board of trustees, shall post the same document
84.6on the system Web site at the same time, and shall hold a public hearing on the proposed
84.7eligibility requirements. The type and any additional amount of the incentive to be offered
84.8may vary by employee classification, as specified by the board.
84.9(d) The president of a college or university, consistent with paragraphs (b) and
84.10(c), may designate:
84.11(1) specific departments or programs at the college or university whose employees
84.12are eligible to be offered the incentive program; or
84.13(2) positions at the college or university eligible to be offered the incentive program.
84.14(e) The chancellor, consistent with paragraphs (b) and (c), may designate:
84.15(1) system office divisions whose employees are eligible to be offered the incentive
84.16program; or
84.17(2) positions at the system office eligible to be offered the incentive program.
84.18(f) Acceptance of the offered incentive must be voluntary on the part of the employee
84.19and must be in writing. The incentive may only be offered at the sole discretion of the
84.20president of the applicable college or university.
84.21(g) A decision by the president of a college or university or by the chancellor not to
84.22offer an incentive may not be challenged.
84.23(h) The cost of the incentive is payable by the college or university on whose behalf
84.24the president offered the incentive or from the system office budget if the chancellor offered
84.25the incentive. If a college or university is merged, the remaining cost of any early separation
84.26incentive must be borne by the successor institution. If a college or university is closed,
84.27the remaining cost of any early separation incentive must be borne by the board of trustees.
84.28(i) Annually, the chancellor and the president of each college or university must
84.29report on the number and types of early separation incentives which were offered and
84.30utilized under this section. The report must be filed annually with the board of trustees and
84.31with the Legislative Reference Library on or before September 1.
84.32(j) The early retirement incentive authority under this section expires on June 30,
84.332019.
84.34EFFECTIVE DATE.This section is effective the day following final enactment.
84.35 Sec. 2. Minnesota Statutes 2012, section 352.1155, subdivision 1, is amended to read:
85.1 Subdivision 1. Eligibility. Except as indicated in subdivision 4, the annuity
85.2reduction provisions of section352.115, subdivision 10 , do not apply to a person who:
85.3(1) retires from the Minnesota State Colleges and Universities system with at least
85.4ten years of combined service credit in a system under the jurisdiction of the Board of
85.5Trustees of the Minnesota State Colleges and Universities;
85.6(2) was employed on a full-time basis immediately preceding retirement as a faculty
85.7member or as an unclassified administrator in that system;
85.8(3) was not a recipient of an early retirement incentive under section 136F.481;
85.9(3) (4) begins drawing an annuity from the general state employees retirement plan
85.10of the Minnesota State Retirement System; and
85.11(4) (5) returns to work on not less than a one-third time basis and not more than a
85.12two-thirds time basis in the system from which the person retired under an agreement in
85.13which the person may not earn a salary of more than$46,000 $62,000 in a calendar year
85.14from through employment after retirement in the system from which the person retired.
85.15EFFECTIVE DATE.This section is effective July 1, 2014.
85.16 Sec. 3. Minnesota Statutes 2012, section 352.1155, subdivision 4, is amended to read:
85.17 Subd. 4. Exemption limit. For a person eligible under this section who earns more
85.18than$46,000 $62,000 in a calendar year from through reemployment in the Minnesota
85.19State Colleges and Universities system following retirement, the annuity reduction
85.20provisions of section352.115, subdivision 10 , apply only to income over $46,000 $62,000.
85.21EFFECTIVE DATE.This section is effective July 1, 2014.
85.22 Sec. 4. Minnesota Statutes 2012, section 354.445, is amended to read:
85.23354.445 NO ANNUITY REDUCTION.
85.24(a) The annuity reduction provisions of section354.44, subdivision 5 , do not apply
85.25to a person who:
85.26(1) retires from the Minnesota State Colleges and Universities system with at least
85.27ten years of combined service credit in a system under the jurisdiction of the Board of
85.28Trustees of the Minnesota State Colleges and Universities;
85.29(2) was employed on a full-time basis immediately preceding retirement as a faculty
85.30member or as an unclassified administrator in that system;
85.31(3) was not a recipient of an early retirement incentive under section 136F.481;
85.32(3) (4) begins drawing an annuity from the teachers retirement association; and
86.1(4) (5) returns to work on not less than a one-third time basis and not more than a
86.2two-thirds time basis in the system from which the person retired under an agreement in
86.3which the person may not earn a salary of more than$46,000 $62,000 in a calendar year
86.4from through employment after retirement in the system from which the person retired.
86.5(b) Initial participation, the amount of time worked, and the duration of participation
86.6under this section must be mutually agreed upon by the president of the institution where
86.7the person returns to work and the employee. The president may require up to one-year
86.8notice of intent to participate in the program as a condition of participation under this
86.9section. The president shall determine the time of year the employee shall work. The
86.10employer or the president may not require a person to waive any rights under a collective
86.11bargaining agreement as a condition of participation under this section.
86.12(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a)
86.13and (b) may not, based on employment to which the waiver in this section applies, earn
86.14further service credit in a Minnesota public defined benefit plan and is not eligible to
86.15participate in a Minnesota public defined contribution plan, other than a volunteer fire plan
86.16governed by chapter 424A. No employer or employee contribution to any of these plans
86.17may be made on behalf of such a person.
86.18(d) For a person eligible under paragraphs (a) and (b) who earns more than$46,000
86.19 $62,000 in a calendar yearfrom through employment after retirement due to employment
86.20by the Minnesota state colleges and universities system, the annuity reduction provisions
86.21of section354.44, subdivision 5 , apply only to income over $46,000 $62,000.
86.22(e) A person who returns to work under this section is a member of the appropriate
86.23bargaining unit and is covered by the appropriate collective bargaining contract. Except
86.24as provided in this section, the person's coverage is subject to any part of the contract
86.25limiting rights of part-time employees.
86.26EFFECTIVE DATE.This section is effective July 1, 2014.
86.27 Sec. 5. Minnesota Statutes 2012, section 354A.31, subdivision 3a, is amended to read:
86.28 Subd. 3a. No annuity reduction. (a) The annuity reduction provisions of
86.29subdivision 3 do not apply to a person who:
86.30(1) retires from the technical college system with at least ten years of service credit
86.31in the system from which the person retires;
86.32(2) was employed on a full-time basis immediately preceding retirement as a
86.33technical college faculty member;
86.34(3) was not a recipient of an early retirement incentive under section 136F.481;
87.1(3) (4) begins drawing an annuity from a first class city teachers retirement
87.2association; and
87.3(4) (5) returns to work on not less than a one-third time basis and not more than a
87.4two-thirds time basis in the technical college system under an agreement in which the
87.5person may not earn a salary of more than$46,000 $62,000 in a calendar year from
87.6 through the technical college system.
87.7(b) Initial participation, the amount of time worked, and the duration of participation
87.8under this section must be mutually agreed upon by the employer and the employee. The
87.9employer may require up to a one-year notice of intent to participate in the program as a
87.10condition of participation under this section. The employer shall determine the time
87.11of year the employee shall work.
87.12(c) Notwithstanding any law to the contrary, a person eligible under paragraphs
87.13(a) and (b) may not earn further service credit in a first class city teachers retirement
87.14association and is not eligible to participate in the individual retirement account plan or
87.15the supplemental retirement plan established in chapter 354B as a result of service under
87.16this section. No employer or employee contribution to any of these plans may be made on
87.17behalf of such a person.
87.18EFFECTIVE DATE.This section is effective July 1, 2014.
87.19 Sec. 6. Minnesota Statutes 2012, section 354B.21, subdivision 2, is amended to read:
87.20 Subd. 2. Coverage; election. (a) An eligible person employed by the board has
87.21the default coverage specified in subdivision 3, or other subdivisions of this section,
87.22whichever is applicable, and retains that coverage for the period of covered employment
87.23unless a timely election to change that coverage is made as specified in this section.
87.24(b) An eligible person under subdivision 3, paragraph (b) or (c), is authorized to elect
87.25prospective Teachers Retirement Association plan coverage.
87.26(c) An eligible person under subdivision 3, paragraph (d), is authorized to elect
87.27prospective coverage by the plan established by this chapter.
87.28(d) The election under paragraph (a) must be made within one year of commencing
87.29eligible Minnesota State Colleges and Universities system employment. If an election
87.30is not made within the specified election period due to a termination of Minnesota State
87.31Colleges and Universities system employment, an election may be made within 90 days
87.32of returning to eligible Minnesota State Colleges and Universities system employment.
87.33Except as specified in paragraph (f), all elections are irrevocable.
87.34(e) Except as provided in paragraph (f), a purchase of service credit in the Teachers
87.35Retirement Association plan for any period or periods of Minnesota State Colleges
88.1and Universities system employment occurring before the election under this section
88.2is prohibited.
88.3(f) Notwithstanding other paragraphs in this subdivision, a faculty member who
88.4is a member of the individual retirement account plan may elect to transfer retirement
88.5coverage to the teachers retirement plan within one year of the faculty member first
88.6achieving tenure or its equivalent at a Minnesota state college or university. The faculty
88.7member electing Teachers Retirement Association coverage under this paragraph must
88.8purchase service credit in the Teachers Retirement Association for the entire period of
88.9time covered under the individual retirement account plan and the purchase payment
88.10amount must be determined under section356.551 . The Teachers Retirement Association
88.11may charge a faculty member transferring coverage a reasonable fee to cover the costs
88.12associated with computing the actuarial cost of purchasing service credit and making the
88.13transfer. A faculty member transferring from the individual retirement account plan to the
88.14Teachers Retirement Association may use any balances to the credit of the faculty member
88.15in the individual retirement account plan, any balances to the credit of the faculty member
88.16in the higher education supplemental retirement plan established under chapter 354C, or
88.17any source specified in section356.441, subdivision 1 , to purchase the service credit in the
88.18Teachers Retirement Association. If the total amount of payments under this paragraph are
88.19less than the total purchase payment amount under section356.551 , the payment amounts
88.20must be refunded to the applicable source.The retirement coverage transfer and service
88.21credit purchase authority under this paragraph expires with respect to any Minnesota State
88.22Colleges and Universities System faculty initially hired after June 30, 2014.
88.23EFFECTIVE DATE.This section is effective July 1, 2014.
88.24 Sec. 7. Laws 2009, chapter 169, article 6, section 1, the effective date, is amended to
88.25read:
88.26EFFECTIVE DATE; SUNSET.This section is effective the day following final
88.27enactmentand expires June 30, 2014.
88.28EFFECTIVE DATE.This section is effective the day following final enactment.
88.31 Section 1. Minnesota Statutes 2012, section 353.6511, subdivision 7, is amended to read:
89.1 Subd. 7. Postretirement adjustments. Effective January 1, 2012, service pensions
89.2and survivor benefits in force are entitled to be recomputed with the number of units
89.3specified in subdivision 2, subdivision 4, and subdivision 6. Optional annuities under
89.4Minnesota Statutes 2010, section 423C.05, subdivision 8, also are entitled to be recomputed
89.5as the actuarial equivalent of the service pensions and survivor benefits with the number of
89.6units specified in subdivision 2, subdivision 4, and subdivision 6. Retirement annuities,
89.7service pensions, disability benefits, and survivor benefits after December 31, 2015, are
89.8eligible for postretirement adjustments under section356.415, subdivision 1c . The unit
89.9value for the calculation of a retirement annuity first payable after December 31, 2015, is
89.10the calendar year 2015 unit value, plus any annual postretirement adjustment percentage
89.11amount payable after December 31, 2015, under section356.415, subdivision 1c , payable
89.12after December 31, 2015, and before the date of retirement paragraph (a), clause (1), or,
89.13when applicable, under section 356.415, subdivision 1c, paragraph (b), clause (1).
89.14 Sec. 2. Minnesota Statutes 2012, section 353.6512, subdivision 7, is amended to read:
89.15 Subd. 7. Postretirement adjustments. Retirement annuities, service pensions,
89.16disability benefits, and survivor benefits after December 31, 2015, are eligible for
89.17postretirement adjustments under section356.415, subdivision 1c . The unit value for the
89.18calculation of a retirement annuity first payable after December 31, 2015, is the calendar
89.19year 2015 unit value, plus any annual postretirement adjustment percentage amount
89.20payable after December 31, 2015, under section356.415, subdivision 1c , payable after
89.21December 31, 2015, and before the date of retirement paragraph (a), clause (1), or, when
89.22applicable, under section 356.415, subdivision 1c, paragraph (b), clause (1).
89.23 Sec. 3. Minnesota Statutes 2013 Supplement, section 423A.02, subdivision 3, is
89.24amended to read:
89.25 Subd. 3. Reallocation of amortization state aid. (a) Seventy percent of the
89.26difference between $5,720,000 and the current year amortization aid distributed under
89.27subdivision 1 that is not distributed for any reason to a municipality must be distributed
89.28by the commissioner of revenue according to this paragraph. The commissioner shall
89.29distribute 50 percent of the amounts derived under this paragraph to the Teachers
89.30Retirement Association, ten percent to the Duluth Teachers Retirement Fund Association,
89.31and 40 percent to the St. Paul Teachers Retirement Fund Association to fund the unfunded
89.32actuarial accrued liabilities of the respective funds. These payments must be made on July
89.3315 each fiscal year. If the St. Paul Teachers Retirement Fund Association or the Duluth
89.34Teachers Retirement Fund Association becomes fully funded, the association's eligibility
90.1for its portion of this aid ceases. Amounts remaining in the undistributed balance account
90.2at the end of the biennium if aid eligibility ceases cancel to the general fund.
90.3 (b) In order to receive amortization aid under paragraph (a), before June 30 annually
90.4Independent School District No. 625, St. Paul, must make an additional contribution of
90.5$800,000 each year to the St. Paul Teachers Retirement Fund Association.
90.6 (c) Thirty percent of the difference between $5,720,000 and the current year
90.7amortization aid under subdivision1a 1 that is not distributed for any reason to a
90.8municipality must be distributed under section69.021, subdivision 7 , paragraph (d), as
90.9additional funding to support a minimum fire state aid amount for volunteer firefighter
90.10relief associations.
90.11EFFECTIVE DATE.This section is effective retroactively from July 1, 2013.
90.12 Sec. 4. Minnesota Statutes 2013 Supplement, section 423A.022, subdivision 2, is
90.13amended to read:
90.14 Subd. 2. Allocation. (a) Of the total amount appropriated as supplemental state aid:
90.15 (1)58.065 58.064 percent must be paid to the executive director of the Public
90.16Employees Retirement Association for deposit in the public employees police and fire
90.17retirement fund established by section353.65, subdivision 1 ;
90.18 (2) 35.484 percent must be paid to municipalities other than municipalities solely
90.19employing firefighters with retirement coverage provided by the public employees police
90.20and fire retirement plan which qualified to receive fire state aid in that calendar year,
90.21allocated in proportion to the most recent amount of fire state aid paid under section
90.2269.021, subdivision 7
, for the municipality bears to the most recent total fire state aid
90.23for all municipalities other than the municipalities solely employing firefighters with
90.24retirement coverage provided by the public employees police and fire retirement plan
90.25paid under section69.021, subdivision 7 , with the allocated amount for fire departments
90.26participating in the voluntary statewide lump-sum volunteer firefighter retirement plan
90.27paid to the executive director of the Public Employees Retirement Association for deposit
90.28in the fund established by section353G.02, subdivision 3 , and credited to the respective
90.29account and with the balance paid to the treasurer of each municipality for transmittal
90.30within 30 days of receipt to the treasurer of the applicable volunteer firefighter relief
90.31association for deposit in its special fund; and
90.32 (3) 6.452 percent must be paid to the executive director of the Minnesota State
90.33Retirement System for deposit in the state patrol retirement fund.
90.34(b) For purposes of this section, the term "municipalities" includes independent
90.35nonprofit firefighting corporations that participate in the voluntary statewide lump-sum
91.1volunteer firefighter retirement plan under chapter 353G or with subsidiary volunteer
91.2firefighter relief associations operating under chapter 424A.
91.3EFFECTIVE DATE.This section is effective the day following final enactment.
91.4 Sec. 5. Minnesota Statutes 2013 Supplement, section 423A.022, subdivision 3, is
91.5amended to read:
91.6 Subd. 3. Reporting; definitions. (a) On or before September 1, annually, the
91.7executive director of the Public Employees Retirement Association shall report to the
91.8commissioner of revenue the following:
91.9 (1) the municipalities which employ firefighters with retirement coverage by the
91.10public employees police and fire retirement plan;
91.11 (2) the number of firefighters with public employees police and fire retirement plan
91.12coverage employed by each municipality;
91.13 (3) the fire departments covered by the voluntary statewide lump-sum volunteer
91.14firefighter retirement plan; and
91.15 (4) any other information requested by the commissioner to administer the police
91.16and firefighter retirement supplemental state aid program.
91.17(b) For this subdivision, (i) the number of firefighters employed by a municipality
91.18who have public employees police and fire retirement plan coverage means the number
91.19of firefighters with public employees police and fire retirement plan coverage that were
91.20employed by the municipality for not less than 30 hours per week for a minimum of six
91.21months prior to December 31 preceding the date of the payment under this section and, if
91.22the person was employed for less than the full year, prorated to the number of full months
91.23employed; and (ii) the number of active police officers certified for police state aid receipt
91.24under section
69.011, subdivisions 2 and 2b, means, for each municipality, the number of
91.25police officers meeting the definition of peace officer in section
69.011, subdivision 1,
91.26counted as provided and limited by section
69.011, subdivisions 2 and 2b.
91.27EFFECTIVE DATE.This section is effective the day following final enactment.
91.28 Sec. 6. ADDITIONAL SUPPLEMENTAL AID REVISION FOR OMITTED 2013
91.29INDEPENDENT NONPROFIT FIREFIGHTING CORPORATIONS.
91.30(a) Notwithstanding any provision of Minnesota Statutes, chapter 423A, to the
91.31contrary, this section modifies the allocation of the police and fire supplemental retirement
91.32state aid under Minnesota Statutes 2013 Supplement, section 423A.022, for October
91.331, 2014.
92.1(b) Before the allocation of the police and fire supplemental retirement state aid is
92.2made for October 1, 2014, the commissioner of revenue shall:
92.3(1) determine those fire departments that qualified for fire state aid under Minnesota
92.4Statutes 2012, section 69.021, subdivision 7, on October 1, 2013, that did not receive a
92.52013 allocation of police and fire supplemental retirement state aid, and that were an
92.6independent nonprofit firefighting corporation; and
92.7(2) determine the amount of police and fire supplemental retirement state aid
92.8under Minnesota Statutes 2013 Supplement, section 423A.022, that the fire departments
92.9described in clause (1) would have received on October 1, 2013, if the fire departments
92.10had been included in that allocation.
92.11(c) The total amount determined in paragraph (b), clause (2), must be deducted from
92.12the amount available for allocation under Minnesota Statutes 2013 Supplement, section
92.13423A.022, subdivision 2, clause (2), and the commissioner of revenue shall pay to the fire
92.14departments determined in paragraph (b), clause (1), their respective portion of the total as
92.15an additional payment on October 1, 2014.
92.16(d) The remaining amount after the deduction of the total amount under paragraph
92.17(c) must be allocated as provided in Minnesota Statutes, section 423A.022, subdivision 2.
92.18 Sec. 7. PERA; STUDY OF LOCAL RELIEF ASSOCIATION BENEFITS
92.19UNDER CONSOLIDATION.
92.20The executive director of the Public Employees Retirement Association shall
92.21report to the Legislative Commission on Pensions and Retirement by February 1, 2015,
92.22regarding the situation of former members and surviving spouses of former members of
92.23local salaried police and fire relief associations governed by Minnesota Statutes, chapter
92.24423A, that consolidated with the public employees police and fire retirement plan under
92.25Minnesota Statutes, chapter 353A, and Laws 1999, chapter 222, article 4.
92.26EFFECTIVE DATE.This section is effective the day following final enactment.
92.29 Section 1. Minnesota Statutes 2013 Supplement, section 356.215, subdivision 8,
92.30is amended to read:
92.31 Subd. 8. Interest and salary assumptions. (a) The actuarial valuation must use
92.32the applicable followingpreretirement interest assumption and the applicable following
92.33postretirement interest assumption:
93.1(1) select and ultimate interest rate assumption
93.20Except for the legislators retirement plan and the constitutional officers calculation
93.21of total plan liabilities, the select preretirement interest rate assumption for the period
93.22after June 30, 2012, through June 30, 2017, is 8.0 percent.Except for the legislators
93.23retirement plan and the constitutional officers calculation of total plan liabilities, the select
93.24postretirement interest rate assumption for the period after June 30, 2012, through June
93.2530, 2017, is 5.5 percent, except for the Duluth teachers retirement plan and the St. Paul
93.26teachers retirement plan, each with a select postretirement interest rate assumption for the
93.27period after June 30, 2012, through June 30, 2017, of 8.0 percent.
93.28(2) single ratepreretirement and postretirement interest rate assumption
93.34(b)(1) If funding stability has been attained, the valuation must use a postretirement
93.35adjustment rate actuarial assumption equal to the postretirement adjustment rate specified
93.36in section 354A.27, subdivision 7; 354A.29, subdivision 9; or 356.415, subdivision 1,
93.37whichever applies.
93.38(2) If funding stability has not been attained, the valuation must use a select
93.39postretirement adjustment rate actuarial assumption equal to the postretirement adjustment
93.40rate specified in section 354A.27, subdivision 6a; 354A.29, subdivision 8; or 356.415,
93.41subdivision 1a, 1b, 1c, 1d, 1e, or 1f, whichever applies, for a period ending when the
94.1approved actuary estimates that the plan will attain the defined funding stability measure,
94.2and thereafter an ultimate postretirement adjustment rate actuarial assumption equal
94.3to the postretirement adjustment rate under section 354A.27, subdivision 7; 354A.29,
94.4subdivision 9; or 356.415, subdivision 1, for the applicable period or periods beginning
94.5when funding stability is projected to be attained.
94.6(b) (c) The actuarial valuation must use the applicable following single rate future
94.7salary increase assumption, the applicable following modified single rate future salary
94.8increase assumption, or the applicable following graded rate future salary increase
94.9assumption:
94.10 (1) single rate future salary increase assumption
94.16 (2) age-related future salary increase age-related select and ultimate future salary
94.17increase assumption or graded rate future salary increase assumption
94.22For plans other than the Duluth teachers
94.23retirement plan, the select calculation
94.24is: during the designated select period, a
94.25designated percentage rate is multiplied by
94.26the result of the designated integer minus T,
94.27where T is the number of completed years
94.28of service, and is added to the applicable
94.29future salary increase assumption. The
94.30designated select period is ten years and
94.31the designated integer is ten for the Duluth
94.32Teachers Retirement Fund Association
94.33and for the local government correctional
94.34service retirement plan and 15 for the St.
94.35Paul Teachers Retirement Fund Association.
94.36The designated percentage rate is 0.2
94.37percent for the St. Paul Teachers Retirement
95.1Fund Association. The select calculation
95.2for the Duluth Teachers Retirement Fund
95.3Association is 8.00 percent per year for
95.4service years one through seven, 7.25 percent
95.5per year for service years seven and eight,
95.6and 6.50 percent per year for service years
95.7eight and nine.
95.8 The ultimate future salary increase assumption is:
96.23(3) service-related ultimate future salary increase assumption
97.22(c) (d) The actuarial valuation must use the applicable following payroll growth
97.23assumption for calculating the amortization requirement for the unfunded actuarial
97.24accrued liability where the amortization retirement is calculated as a level percentage
97.25of an increasing payroll:
97.39(d) (e) The assumptions set forth in paragraphs (b) (c) and (c) (d) continue to apply,
97.40unless a different salary assumption or a different payroll increase assumption:
97.41 (1) has been proposed by the governing board of the applicable retirement plan;
98.1 (2) is accompanied by the concurring recommendation of the actuary retained under
98.2section356.214, subdivision 1 , if applicable, or by the approved actuary preparing the
98.3most recent actuarial valuation report if section356.214 does not apply; and
98.4 (3) has been approved or deemed approved under subdivision 18.
98.5EFFECTIVE DATE.This section is effective June 30, 2014, and applies to
98.6actuarial valuation reports prepared on or after that date.
98.7 Sec. 2. Minnesota Statutes 2012, section 356.215, subdivision 11, is amended to read:
98.8 Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
98.9the level normal cost, the actuarial valuation of the retirement plan must contain an
98.10exhibit for financial reporting purposes indicating the additional annual contribution
98.11sufficient to amortize the unfunded actuarial accrued liability and must contain an exhibit
98.12for contribution determination purposes indicating the additional contribution sufficient
98.13to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
98.14subdivision 8, paragraph (c), but excluding the MERF division of the Public Employees
98.15Retirement Association and the legislators retirement plan, the additional contribution
98.16must be calculated on a level percentage of covered payroll basis by the established date
98.17for full funding in effect when the valuation is prepared, assuming annual payroll growth
98.18at the applicable percentage rate set forth in subdivision 8, paragraph(c) (d). For all
98.19other retirement plans and for the MERF division of the Public Employees Retirement
98.20Association and the legislators retirement plan, the additional annual contribution must be
98.21calculated on a level annual dollar amount basis.
98.22 (b) For any retirement plan other thanthe general state employees retirement plan of
98.23the Minnesota State Retirement System or a retirement plan governed by paragraph (d),
98.24(e), (f), (g), (h), (i),or (j), or (k), if there has not been a change in the actuarial assumptions
98.25used for calculating the actuarial accrued liability of the fund, a change in the benefit
98.26plan governing annuities and benefits payable from the fund, a change in the actuarial
98.27cost method used in calculating the actuarial accrued liability of all or a portion of the
98.28fund, or a combination of the three, which change or changes by itself or by themselves
98.29without inclusion of any other items of increase or decrease produce a net increase in the
98.30unfunded actuarial accrued liability of the fund, the established date for full funding is the
98.31first actuarial valuation date occurring after June 1, 2020.
98.32 (c) For any retirement planother than the general employees retirement plan of the
98.33Public Employees Retirement Association, if there has been a change in any or all of the
98.34actuarial assumptions used for calculating the actuarial accrued liability of the fund, a
98.35change in the benefit plan governing annuities and benefits payable from the fund, a
99.1change in the actuarial cost method used in calculating the actuarial accrued liability of all
99.2or a portion of the fund, or a combination of the three, and the change or changes, by itself
99.3or by themselves and without inclusion of any other items of increase or decrease, produce
99.4a net increase in the unfunded actuarial accrued liability in the fund, the established date
99.5for full funding must be determined using the following procedure:
99.6 (i) the unfunded actuarial accrued liability of the fund must be determined in
99.7accordance with the plan provisions governing annuities and retirement benefits and the
99.8actuarial assumptions in effect before an applicable change;
99.9 (ii) the level annual dollar contribution or level percentage, whichever is applicable,
99.10needed to amortize the unfunded actuarial accrued liability amount determined under item
99.11(i) by the established date for full funding in effect before the change must be calculated
99.12using the interest assumption specified in subdivision 8 in effect before the change;
99.13 (iii) the unfunded actuarial accrued liability of the fund must be determined in
99.14accordance with any new plan provisions governing annuities and benefits payable from
99.15the fund and any new actuarial assumptions and the remaining plan provisions governing
99.16annuities and benefits payable from the fund and actuarial assumptions in effect before
99.17the change;
99.18 (iv) the level annual dollar contribution or level percentage, whichever is applicable,
99.19needed to amortize the difference between the unfunded actuarial accrued liability amount
99.20calculated under item (i) and the unfunded actuarial accrued liability amount calculated
99.21under item (iii) over a period of 30 years from the end of the plan year in which the
99.22applicable change is effective must be calculated using the applicable interest assumption
99.23specified in subdivision 8 in effect after any applicable change;
99.24 (v) the level annual dollar or level percentage amortization contribution under item
99.25(iv) must be added to the level annual dollar amortization contribution or level percentage
99.26calculated under item (ii);
99.27 (vi) the period in which the unfunded actuarial accrued liability amount determined
99.28in item (iii) is amortized by the total level annual dollar or level percentage amortization
99.29contribution computed under item (v) must be calculated using the interest assumption
99.30specified in subdivision 8 in effect after any applicable change, rounded to the nearest
99.31integral number of years, but not to exceed 30 years from the end of the plan year in which
99.32the determination of the established date for full funding using the procedure set forth in this
99.33clause is made and not to be less than the period of years beginning in the plan year in which
99.34the determination of the established date for full funding using the procedure set forth in
99.35this clause is made and ending by the date for full funding in effect before the change; and
100.1 (vii) the period determined under item (vi) must be added to the date as of which
100.2the actuarial valuation was prepared and the date obtained is the new established date
100.3for full funding.
100.4 (d) For the MERF division of the Public Employees Retirement Association, the
100.5established date for full funding is June 30, 2031.
100.6 (e) For the general employees retirement plan of the Public Employees Retirement
100.7Association, the established date for full funding is June 30, 2031.
100.8 (f) For the Teachers Retirement Association, the established date for full funding is
100.9June 30, 2037.
100.10 (g) For the correctional state employees retirement plan of the Minnesota State
100.11Retirement System, the established date for full funding is June 30, 2038.
100.12 (h) For the judges retirement plan, the established date for full funding is June
100.1330, 2038.
100.14 (i) For the public employees police and fire retirement plan, the established date
100.15for full funding is June 30, 2038.
100.16 (j) For the St. Paul Teachers Retirement Fund Association, the established date for
100.17full funding is June 30 of the 25th year from the valuation date. In addition to other
100.18requirements of this chapter, the annual actuarial valuation must contain an exhibit
100.19indicating the funded ratio and the deficiency or sufficiency in annual contributions when
100.20comparing liabilities to the market value of the assets of the fund as of the close of the
100.21most recent fiscal year.
100.22(k) For the general state employees retirement plan of the Minnesota State
100.23Retirement System, the established date for full funding is June 30, 2040.
100.24 (l) For the retirement plans for which the annual actuarial valuation indicates an
100.25excess of valuation assets over the actuarial accrued liability, the valuation assets in
100.26excess of the actuarial accrued liability must be recognized as a reduction in the current
100.27contribution requirements by an amount equal to the amortization of the excess expressed
100.28as a level percentage of pay over a 30-year period beginning anew with each annual
100.29actuarial valuation of the plan.
100.30EFFECTIVE DATE.This section is effective July 1, 2014, and applies to actuarial
100.31valuation results prepared on or after that date.
100.32 Sec. 3. REPEALER.
100.33Minnesota Statutes 2012, section 356.415, subdivision 3, is repealed.
101.1EFFECTIVE DATE.This section is effective June 30, 2014, and applies to
101.2actuarial valuation reports prepared on or after that date.
101.5 Section 1. Minnesota Statutes 2013 Supplement, section 354A.27, subdivision 6a,
101.6is amended to read:
101.7 Subd. 6a. Postretirement adjustment transition. (a) If the funded ratio of the
101.8retirement plan based on the actuarial value of assets is at least 90 percent as reported in
101.9the two most recent actuarialvaluation valuations prepared under sections
356.214 and
101.10356.215
, this subdivision expires and subsequent postretirement adjustments are governed
101.11by subdivision 7.
101.12(b) Each annuity or benefit recipient of the retirement plan who has been receiving
101.13that annuity or benefit for at least 12 months as of the applicable January 1 is eligible to
101.14receive a postretirement adjustment of one percent, payable on January 1.
101.15EFFECTIVE DATE.This section is effective July 1, 2015, unless Minnesota
101.16Statutes, section 354A.27, subdivision 6a, is repealed by action of the 2014 legislature.
101.17 Sec. 2. Minnesota Statutes 2012, section 354A.29, subdivision 8, is amended to read:
101.18 Subd. 8. Calculation of postretirement adjustments; transitional provision. (a)
101.19For purposes of computing postretirement adjustments for eligible benefit recipients of
101.20the St. Paul Teachers Retirement Fund Association, the accrued liability funding ratio
101.21based on the actuarial value of assets of the plan as determined by the two most recent
101.22actuarialvaluation valuations prepared under sections
356.214 and
356.215 determines
101.23the postretirement increase, as follows:
101.28(b) The amount determined under paragraph (a) is the full postretirement increase
101.29to be applied as a permanent increase to the regular payment of each eligible member
101.30on January 1 of the next calendar year. For any eligible member whose effective date
101.31of benefit commencement occurred during the calendar year before the postretirement
101.32increase is applied, the full increase amount must be prorated on the basis of whole
101.33calendar quarters in benefit payment status in the calendar year prior to the January 1 on
101.34which the postretirement increase is applied, calculated to the third decimal place.
102.1(c) If the accrued liability funding ratio based on the actuarial value of assets is at
102.2least 90 percent in two consecutive actuarial valuations, this subdivision expires and
102.3subsequent postretirement increases must be paid as specified in subdivision 9.
102.4EFFECTIVE DATE.This section is effective July 1, 2015.
102.5 Sec. 3. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1a, is
102.6amended to read:
102.7 Subd. 1a. Annual postretirement adjustments; Minnesota State Retirement
102.8System plans other than State Patrol retirement plan. (a) Retirement annuity, disability
102.9benefit, or survivor benefit recipients of the legislators retirement plans, including
102.10constitutional officers as specified in chapter 3A, the general state employees retirement
102.11plan, the correctional state employees retirement plan, the unclassified state employees
102.12retirement program, and the judges retirement plan are entitled to a postretirement
102.13adjustment annually on January 1, as follows:
102.14(1) a postretirement increase of two percent must be applied each year, effective
102.15on January 1, to the monthly annuity or benefit of each annuitant or benefit recipient
102.16who has been receiving an annuity or a benefit for at least 18 full months before the
102.17January 1 increase; and
102.18(2) for each annuitant or benefit recipient who has been receiving an annuity or
102.19a benefit for at least six full months, an annual postretirement increase of 1/12 of two
102.20percent for each month that the person has been receiving an annuity or benefit must be
102.21applied, effective January 1, following the calendar year in which the person has been
102.22retired for at least six months, but has been retired for less than 18 months.
102.23(b) The increases provided by this subdivision commence on January 1, 2011.
102.24Increases under this subdivision for the general state employees retirement plan, the
102.25correctional state employees retirement plan, or the judges retirement plan terminate on
102.26December 31 of the calendar year in whichthe two prior consecutive actuarial valuation
102.27 valuations prepared by the approved actuary under sections356.214 and
356.215 and the
102.28standards for actuarial work promulgated by the Legislative Commission on Pensions
102.29and Retirement indicates that the market value of assets of the retirement plan equals or
102.30exceeds 90 percent of the actuarial accrued liability of the retirement plan and increases
102.31under subdivision 1 recommence after that date. Increases under this subdivision for
102.32the legislators retirement plan or the elected state officers retirement plan terminate
102.33on December 31 of the calendar year in which the actuarial valuation prepared by the
102.34approved actuary under sections356.214 and
356.215 and the standards for actuarial work
102.35promulgated by the Legislative Commission on Pensions and Retirement indicates that the
103.1market value of assets of the general state employees retirement plan equals or exceeds
103.290 percent of the actuarial accrued liability of the retirement plan and increases under
103.3subdivision 1 recommence after that date.
103.4(c) An increase in annuity or benefit payments under this subdivision must be made
103.5automatically unless written notice is filed by the annuitant or benefit recipient with the
103.6executive director of the applicable covered retirement plan requesting that the increase
103.7not be made.
103.8EFFECTIVE DATE.This section is effective July 1, 2014.
103.9 Sec. 4. Minnesota Statutes 2012, section 356.415, subdivision 1d, is amended to read:
103.10 Subd. 1d. Teachers Retirement Association annual postretirement adjustments.
103.11(a) Retirement annuity, disability benefit, or survivor benefit recipients of the Teachers
103.12Retirement Association are entitled to a postretirement adjustment annually on January
103.131, as follows:
103.14(1) for January 1, 2011, and January 1, 2012, no postretirement increase is payable;
103.15(2) for January 1, 2013, and each successive January 1 until funding stability is
103.16restored, a postretirement increase of two percent must be applied each year, effective
103.17on January 1, to the monthly annuity or benefit amount of each annuitant or benefit
103.18recipient who has been receiving an annuity or a benefit for at least 18 full months prior
103.19to the January 1 increase;
103.20(3) for January 1, 2013, and each successive January 1 until funding stability is
103.21restored, for each annuitant or benefit recipient who has been receiving an annuity or a
103.22benefit for at least six full months before the January 1 increase, an annual postretirement
103.23increase of 1/12 of two percent for each month the person has been receiving an annuity or
103.24benefit must be applied, effective January 1, for which the person has been retired for at
103.25least six months but less than 18 months;
103.26(4) for each January 1 following the restoration of funding stability, a postretirement
103.27increase of 2.5 percent must be applied each year, effective January 1, to the monthly
103.28annuity or benefit amount of each annuitant or benefit recipient who has been receiving an
103.29annuity or a benefit for at least 18 full months prior to the January 1 increase; and
103.30(5) for each January 1 following the restoration of funding stability, for each
103.31annuitant or benefit recipient who has been receiving an annuity or a benefit for at least
103.32six full months before the January 1 increase, an annual postretirement increase of 1/12
103.33of 2.5 percent for each month the person has been receiving an annuity or benefit must
103.34be applied, effective January 1, for which the person has been retired for at least six
103.35months but less than 18 months.
104.1(b) Funding stability is restored when the market value of assets of the Teachers
104.2Retirement Association equals or exceeds 90 percent of the actuarial accrued liabilities
104.3of the Teachers Retirement Association in the two most recent prior actuarialvaluation
104.4 valuations prepared under section356.215 and the standards for actuarial work by the
104.5approved actuary retained by the Teachers Retirement Association under section356.214 .
104.6(c) An increase in annuity or benefit payments under this section must be made
104.7automatically unless written notice is filed by the annuitant or benefit recipient with the
104.8executive director of the Teachers Retirement Association requesting that the increase
104.9not be made.
104.10(d) The retirement annuity payable to a person who retires before becoming eligible
104.11for Social Security benefits and who has elected the optional payment as provided in
104.12section354.35 must be treated as the sum of a period-certain retirement annuity and a life
104.13retirement annuity for the purposes of any postretirement adjustment. The period-certain
104.14retirement annuity plus the life retirement annuity must be the annuity amount payable
104.15until age 62, 65, or normal retirement age, as selected by the member at retirement, for an
104.16annuity amount payable under section354.35 . A postretirement adjustment granted on
104.17the period-certain retirement annuity must terminate when the period-certain retirement
104.18annuity terminates.
104.19EFFECTIVE DATE.This section is effective July 1, 2015.
104.20 Sec. 5. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1e, is
104.21amended to read:
104.22 Subd. 1e. Annual postretirement adjustments; State Patrol retirement plan.
104.23(a) Retirement annuity, disability benefit, or survivor benefit recipients of the State Patrol
104.24retirement plan are entitled to a postretirement adjustment annually on January 1, as
104.25follows:
104.26(1) a postretirement increase of one percent must be applied each year, effective on
104.27January 1, to the monthly annuity or benefit of each annuitant or benefit recipient who
104.28has been receiving an annuity or a benefit for at least 18 full months before the January 1
104.29increase; and
104.30(2) for each annuitant or benefit recipient who has been receiving an annuity or a
104.31benefit for at least six full months, an annual postretirement increase of 1/12 of one percent
104.32for each month that the person has been receiving an annuity or benefit must be applied,
104.33effective January 1, following the calendar year in which the person has been retired for at
104.34least six months, but has been retired for less than 18 months.
105.1(b) The increases provided by this subdivision commence on January 1, 2014.
105.2Increases under paragraph (a) for the State Patrol retirement plan terminate on December
105.331 of the calendar year in whichthe two prior consecutive actuarial valuation valuations
105.4prepared by the approved actuary under sections356.214 and
356.215 and the standards
105.5for actuarial work promulgated by the Legislative Commission on Pensions and
105.6Retirement indicates that the market value of assets of the retirement plan equals or
105.7exceeds 85 percent of the actuarial accrued liability of the retirement plan and increases
105.8under paragraph (c) recommence after that date.
105.9(c) Retirement annuity, disability benefit, or survivor benefit recipients of the State
105.10Patrol retirement plan are entitled to a postretirement adjustment annually on January
105.111, as follows:
105.12(1) a postretirement increase of 1.5 percent must be applied each year, effective on
105.13January 1, to the monthly annuity or benefit of each annuitant or benefit recipient who
105.14has been receiving an annuity or a benefit for at least 18 full months before the January 1
105.15increase; and
105.16(2) for each annuitant or benefit recipient who has been receiving an annuity or a
105.17benefit for at least six full months, an annual postretirement increase of 1/12 of 1.5 percent
105.18for each month that the person has been receiving an annuity or benefit must be applied,
105.19effective January 1, following the calendar year in which the person has been retired for at
105.20least six months, but has been retired for less than 18 months.
105.21(d) Increases under paragraph (c) for the State Patrol retirement plan terminate on
105.22December 31 of the calendar year in whichthe two prior consecutive actuarial valuation
105.23 valuations prepared by the approved actuary under sections356.214 and
356.215 and
105.24the standards for actuarial work adopted by the Legislative Commission on Pensions
105.25and Retirement indicates that the market value of assets of the retirement plan equals or
105.26exceeds 90 percent of the actuarial accrued liability of the retirement plan and increases
105.27under subdivision 1 recommence after that date.
105.28(e) An increase in annuity or benefit payments under this subdivision must be made
105.29automatically unless written notice is filed by the annuitant or benefit recipient with the
105.30executive director of the applicable covered retirement plan requesting that the increase
105.31not be made.
105.32EFFECTIVE DATE.This section is effective July 1, 2014.
105.33 Sec. 6. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1f, is
105.34amended to read:
106.1 Subd. 1f. Annual postretirement adjustments; Minnesota State Retirement
106.2System judges retirement plan. (a) The increases provided under this subdivision begin
106.3on January 1, 2014, and are in lieu of increases under subdivision 1 or 1a for retirement
106.4annuity, disability benefit, or survivor benefit recipients of the judges retirement plan.
106.5(b) Retirement annuity, disability benefit, or survivor benefit recipients of the
106.6judges retirement plan are entitled to a postretirement adjustment annually on January
106.71, as follows:
106.8(1) a postretirement increase of 1.75 percent must be applied each year, effective
106.9on January 1, to the monthly annuity or benefit of each annuitant or benefit recipient
106.10who has been receiving an annuity or a benefit for at least 18 full months before the
106.11January 1 increase; and
106.12(2) for each annuitant or benefit recipient who has been receiving an annuity or a
106.13benefit for at least six full months, an annual postretirement increase of 1/12 of 1.75
106.14percent for each month that the person has been receiving an annuity or benefit must be
106.15applied, effective January 1, following the calendar year in which the person has been
106.16retired for at least six months, but has been retired for less than 18 months.
106.17(c) Increases under this subdivision terminate on December 31 of the calendar
106.18year in whichthe two prior consecutive actuarial valuation valuations prepared by the
106.19approved actuary under sections356.214 and
356.215 and the standards for actuarial work
106.20promulgated by the Legislative Commission on Pensions and Retirement indicates that
106.21the market value of assets of the judges retirement plan equals or exceeds 70 percent of
106.22the actuarial accrued liability of the retirement plan. Increases under subdivision 1 or 1a,
106.23whichever is applicable, begin on the January 1 next following that date.
106.24(d) An increase in annuity or benefit payments under this subdivision must be made
106.25automatically unless written notice is filed by the annuitant or benefit recipient with the
106.26executive director of the applicable covered retirement plan requesting that the increase
106.27not be made.
106.28EFFECTIVE DATE.This section is effective July 1, 2014.
106.31 Section 1. Minnesota Statutes 2013 Supplement, section 69.051, subdivision 1a,
106.32is amended to read:
106.33 Subd. 1a. Financial statement. (a) The board of each volunteer firefighters relief
106.34association, as defined in section424A.001, subdivision 4 , that is not required to file a
107.1financial report and audit under subdivision 1 must prepare a detailed statement of the
107.2financial affairs for the preceding fiscal year of the relief association's special and general
107.3funds in the style and form prescribed by the state auditor. The detailed statement must
107.4show:
107.5(1) the sources and amounts of all money received;
107.6(2) all disbursements, accounts payable and accounts receivable;
107.7(3) the amount of money remaining in the treasury;
107.8(4) total assets, including a listing of all investments;
107.9(5) the accrued liabilities; and
107.10(6) all other items necessary to show accurately the revenues and expenditures and
107.11financial position of the relief association.
107.12(b) The detailed financial statement required under paragraph (a) must be certified
107.13byan independent a certified public accountant or by the state auditor or by the auditor or
107.14accountant who regularly examines or audits the financial transactions of the municipality.
107.15In addition to certifying the financial condition of the special and general funds of the relief
107.16association, the accountant or auditor conducting the examination shall give an opinion
107.17as to the condition of the special and general funds of the relief association, and shall
107.18comment upon any exceptions to the report. Theindependent accountant or auditor must
107.19have at least five years of public accounting, auditing, or similar experience, and must not
107.20be an active, inactive, or retired member of the relief association or the fire department.
107.21(c) The detailed statement required under paragraph (a) must be countersigned by:
107.22(1) the municipal clerk or clerk-treasurer of the municipality; or
107.23(2) where applicable, by the municipal clerk or clerk-treasurer of the largest
107.24municipality in population which contracts with the independent nonprofit firefighting
107.25corporation if the relief association is a subsidiary of an independent nonprofit firefighting
107.26corporation and by the secretary of the independent nonprofit firefighting corporation; or
107.27(3) by the chief financial official of the county in which the volunteer firefighter
107.28relief association is located or primarily located if the relief association is associated with
107.29a fire department that is not located in or associated with an organized municipality.
107.30(d) The volunteer firefighters' relief association board must file the detailed statement
107.31required under paragraph (a) in the relief association office for public inspection and
107.32present it to the governing body of the municipality within 45 days after the close of the
107.33fiscal year, and must submit a copy of the detailed statement to the state auditor within 90
107.34days of the close of the fiscal year.
107.35EFFECTIVE DATE.This section is effective the day following final enactment.
108.1 Sec. 2. Minnesota Statutes 2013 Supplement, section 69.051, subdivision 3, is
108.2amended to read:
108.3 Subd. 3. Report by certain municipalities; exceptions. (a) The chief
108.4administrative officer of each municipality which has an organized fire department but
108.5which does not have a firefighters' relief association governed by section69.77 or sections
108.6424A.091
to
424A.095 and which is not exempted under paragraph (b) or (c) shall annually
108.7prepare a detailed financial report of the receipts and disbursements by the municipality
108.8for fire protection service during the preceding calendar year on a form prescribed by the
108.9state auditor. The financial report must contain any information which the state auditor
108.10deems necessary to disclose the sources of receipts and the purpose of disbursements for
108.11fire protection service. The financial report must be signed by the municipal clerk or
108.12clerk-treasurer of the municipality. The financial report must be filed by the municipal clerk
108.13or clerk-treasurer with the state auditor on or before July 1 annually. The municipality does
108.14not qualify initially to receive, and is not entitled subsequently to retain, state aid under
108.15this chapter if the financial reporting requirement or the applicable requirements of this
108.16chapter or any other statute or special law have not been complied with or are not fulfilled.
108.17(b) Each municipality that has an organized fire department and provides retirement
108.18coverage to its firefighters through the voluntary statewide lump-sum volunteer firefighter
108.19retirement plan under chapter 353G qualifies to have fire state aid transmitted to and
108.20retained in the statewide lump-sum volunteer firefighter retirement fund without filing
108.21a detailed financial report if the executive director of the Public Employees Retirement
108.22Association certifies compliance by the municipality with the requirements of sections
108.23353G.04
and
353G.08 , paragraph (e), and certifies conformity by the applicable fire chief
108.24with the requirements of section353G.07 .
108.25(c) Each municipality qualifies to receive fire state aid under this chapter without
108.26filing a financial report under paragraph (a) if the municipality:
108.27(1) has an organized fire department;
108.28(2) does not have a volunteer firefighters relief association directly associated with
108.29its fire department;
108.30(3) does not participate in the statewide lump-sum volunteer firefighter retirement
108.31plan under chapter 353G;
108.32(4) provides retirement coverage to its firefighters through the public employees
108.33police and fire retirement plan under sections 353.63 to 353.68; and
108.34(5) is certified by the executive director of the Public Employees Retirement
108.35Association to the state auditor to have had an employer contribution under section
109.1353.65, subdivision 3, for its firefighters for the immediately prior calendar year equal to
109.2or greater than its fire state aid for the immediately prior calendar year.
109.3EFFECTIVE DATE.This section is effective the day following final enactment
109.4and applies to fire state aid payable on October 1, 2014.
109.5 Sec. 3. Minnesota Statutes 2012, section 356A.06, subdivision 7, is amended to read:
109.6 Subd. 7. Expanded list of authorized investment securities. (a) Authority. A
109.7covered pension plan not described by subdivision 6, paragraph (a), is an expanded list
109.8plan and shall invest its assets as specified in this subdivision. The governing board of an
109.9expanded list plan may select and appoint investment agencies to act for or on its behalf.
109.10 (b) Securities generally; investment forms. An expanded list plan is authorized
109.11to purchase, sell, lend, and exchange the investment securities authorized under this
109.12subdivision, including puts and call options and future contracts traded on a contract
109.13market regulated by a governmental agency or by a financial institution regulated by
109.14a governmental agency. These securities may be owned directly or through shares
109.15in exchange-traded or mutual funds, or as units in commingled trusts, subject to any
109.16limitations specified in this subdivision.
109.17 (c) Government obligations. An expanded list plan is authorized to invest funds in
109.18governmental bonds, notes, bills, mortgages, and other evidences of indebtedness if the
109.19issue is backed by the full faith and credit of the issuer or the issue is rated among the top
109.20four quality rating categories by a nationally recognized rating agency. The obligations in
109.21which funds may be invested under this paragraph are guaranteed or insured issues of:
109.22(1) the United States, one of its agencies, one of its instrumentalities, or an
109.23organization created and regulated by an act of Congress;
109.24(2) the Dominion of Canada or one of its provinces if the principal and interest are
109.25payable in United States dollars;
109.26(3) a state or one of its municipalities, political subdivisions, agencies, or
109.27instrumentalities; and
109.28(4) a United States government-sponsored organization of which the United States is
109.29a member if the principal and interest are payable in United States dollars.
109.30 (d) Investment-grade corporate obligations. An expanded list plan is authorized
109.31to invest funds in bonds, notes, debentures, transportation equipment obligations, or
109.32any other longer term evidences of indebtedness issued or guaranteed by a corporation
109.33organized under the laws of the United States or any of its states, or the Dominion of
109.34Canada or any of its provinces if:
109.35 (1) the principal and interest are payable in United States dollars; and
110.1 (2) the obligations are rated among the top four quality categories by a nationally
110.2recognized rating agency.
110.3(e) Below-investment-grade corporate obligations. An expanded list plan is
110.4authorized to invest in unrated corporate obligations or in corporate obligations that are
110.5not rated among the top four quality categories by a nationally recognized rating agency if:
110.6(1) the aggregate value of these obligations does not exceed five percent of the
110.7covered pension plan's market value;
110.8(2) the covered pension plan's participation is limited to 50 percent of a single
110.9offering subject to this paragraph; and
110.10(3) the covered pension plan's participation is limited to 25 percent of an issuer's
110.11obligations subject to this paragraph.
110.12 (f) Other obligations. (1) An expanded list plan is authorized to invest funds in:
110.13 (i) bankers acceptances and deposit notes if issued by a United States bank that is
110.14rated in the highest four quality categories by a nationally recognized rating agency;
110.15 (ii) certificates of deposit if issued by a United States bank or savings institution
110.16rated in the highest four quality categories by a nationally recognized rating agency or
110.17whose certificates of deposit are fully insured by federal agencies, or if issued by a credit
110.18union in an amount within the limit of the insurance coverage provided by the National
110.19Credit Union Administration;
110.20 (iii) commercial paper if issued by a United States corporation or its Canadian
110.21subsidiary and if rated in the highest two quality categories by a nationally recognized
110.22rating agency;
110.23 (iv) mortgage securities and asset-backed securities if rated in the top four quality
110.24categories by a nationally recognized rating agency;
110.25 (v) repurchase agreements and reverse repurchase agreements if collateralized with
110.26letters of credit or securities authorized in this section;
110.27 (vi) guaranteed investment contracts if issued by an insurance company or a bank
110.28that is rated in the top four quality categories by a nationally recognized rating agency
110.29or alternative guaranteed investment contracts if the underlying assets comply with the
110.30requirements of this subdivision;
110.31 (vii) savings accounts if fully insured by a federal agency; and
110.32 (viii) guaranty fund certificates, surplus notes, or debentures if issued by a domestic
110.33mutual insurance company.
110.34 (2) Sections16A.58 ,
16C.03, subdivision 4 , and
16C.05 do not apply to certificates
110.35of deposit and collateralization agreements executed by the covered pension plan under
110.36clause (1), item (ii).
111.1 (3) In addition to investments authorized by clause (1), item (iv), an expanded list
111.2plan is authorized to purchase from the Minnesota Housing Finance Agency all or any part
111.3of a pool of residential mortgages, not in default, that has previously been financed by the
111.4issuance of bonds or notes of the agency. The covered pension plan may also enter into
111.5a commitment with the agency, at the time of any issue of bonds or notes, to purchase
111.6at a specified future date, not exceeding 12 years from the date of the issue, the amount
111.7of mortgage loans then outstanding and not in default that have been made or purchased
111.8from the proceeds of the bonds or notes. The covered pension plan may charge reasonable
111.9fees for any such commitment and may agree to purchase the mortgage loans at a price
111.10sufficient to produce a yield to the covered pension plan comparable, in its judgment,
111.11to the yield available on similar mortgage loans at the date of the bonds or notes. The
111.12covered pension plan may also enter into agreements with the agency for the investment
111.13of any portion of the funds of the agency. The agreement must cover the period of the
111.14investment, withdrawal privileges, and any guaranteed rate of return.
111.15 (g) Corporate stocks. An expanded list plan is authorized to invest in stocks or
111.16convertible issues of any corporation organized under the laws of the United States or any
111.17of its states, any corporation organized under the laws of the Dominion of Canada or any
111.18of its provinces, or any corporation listed on an exchange that is regulated by an agency of
111.19the United States or of the Canadian national government.
111.20 An investment in any corporation must not exceed five percent of the total
111.21outstanding shares of that corporation, except that an expanded list plan may hold up
111.22to 20 percent of the shares of a real estate investment trust and up to 20 percent of the
111.23shares of a closed mutual fund.
111.24 (h) Other investments. (1) In addition to the investments authorized in paragraphs
111.25(b) to (g), and subject to the provisions in clause (2), an expanded list plan is authorized
111.26to invest funds in:
111.27 (i) equity and debt investment businesses through participation in limited
111.28partnerships, trusts, private placements, limited liability corporations, limited liability
111.29companies, limited liability partnerships, and corporations;
111.30 (ii) real estate ownership interests or loans secured by mortgages or deeds of trust
111.31or shares of real estate investment trusts, through investment in limited partnerships,
111.32bank-sponsored collective funds, trusts, mortgage participation agreements, and insurance
111.33company commingled accounts, including separate accounts;
111.34 (iii) resource investments through limited partnerships, trusts, private placements,
111.35limited liability corporations, limited liability companies, limited liability partnerships,
111.36and corporations; and
112.1 (iv) international securities.
112.2 (2) The investments authorized in clause (1) must conform to the following
112.3provisions:
112.4 (i) the aggregate value of all investments made under clause (1), items (i), (ii), and
112.5(iii), may not exceed 35 percent of the market value of the fund for which the expanded
112.6list plan is investing;
112.7 (ii) there must be at least four unrelated owners of the investment other than the
112.8expanded list plan for investments made under clause (1), item (i), (ii), or (iii);
112.9 (iii) the expanded list plan's participation in an investment vehicle is limited to 20
112.10percent thereof for investments made under clause (1), item (i), (ii), or (iii);
112.11 (iv) the expanded list plan's participation in a limited partnership does not include a
112.12general partnership interest or other interest involving general liability. The expanded list
112.13plan may not engage in any activity as a limited partner which creates general liability;and
112.14(v) the aggregate value of all unrated obligations and obligations that are not rated
112.15among the top four quality categories by a nationally recognized rating agency authorized
112.16by paragraph (e) and clause (1), item (iv), must not exceed five percent of the covered
112.17plan's market value; and
112.18(vi) for volunteer firefighter relief associations, emerging market equity and
112.19international debt investments authorized under clause (1), item (iv), must not exceed 15
112.20percent of the association's special fund market value.
112.21(i) Supplemental plan investments. The governing body of an expanded list plan
112.22may certify assets to the State Board of Investment for investment under section11A.17 .
112.23(j) Asset mix limitations. The aggregate value of an expanded list plan's
112.24investments under paragraphs (g) and (h) and equity investments under paragraph (i),
112.25regardless of the form in which these investments are held, must not exceed 85 percent of
112.26the covered plan's market value.
112.27EFFECTIVE DATE.This section is effective the day following final enactment.
112.28 Sec. 4. Minnesota Statutes 2012, section 356A.06, subdivision 7a, is amended to read:
112.29 Subd. 7a. Restrictions. Any agreement to lend securities must be concurrently
112.30collateralized with cash or securities with a market value of not less than 100 percent of the
112.31market value of the loaned securities at the time of the agreement. For a covered pension
112.32authorized to purchase put and call options and futures contracts under subdivision 7, any
112.33agreement for put and call options and futures contracts may only be entered into with a
112.34fully offsetting amount of cash or securities. Only securities authorized by this section,
113.1excluding those under subdivision 7, paragraph(g) (h), clause (1), items (i) to (iv), may be
113.2accepted as collateral or offsetting securities.
113.3EFFECTIVE DATE.This section is effective the day following final enactment.
113.4 Sec. 5. Minnesota Statutes 2012, section 424A.015, is amended by adding a
113.5subdivision to read:
113.6 Subd. 6. Governing benefit plan provisions. A service pension or ancillary benefit
113.7payable under this chapter is governed by and must be calculated under the general statute,
113.8special law, relief association articles of incorporation, and relief association bylaw
113.9provisions applicable on the date on which the member separated from active service with
113.10the fire department and active membership in the relief association.
113.11EFFECTIVE DATE.This section is effective the day following final enactment.
113.12 Sec. 6. Minnesota Statutes 2012, section 424A.016, subdivision 4, is amended to read:
113.13 Subd. 4. Individual accounts. (a) An individual account must be established for
113.14each firefighter who is a member of the relief association.
113.15(b) To each individual active member account must be credited an equal share of:
113.16(1) any amounts of fire state aid received by the relief association;
113.17(2) any amounts of municipal contributions to the relief association raised from
113.18levies on real estate or from other available municipal revenue sources exclusive of fire
113.19state aid; and
113.20(3) any amounts equal to the share of the assets of the special fund to the credit of:
113.21(i) any former member who terminated active service with the fire department to
113.22which the relief association is associated before meeting the minimum service requirement
113.23provided for in subdivision 2, paragraph (b), and has not returned to active service with
113.24the fire department for a period no shorter than five years; or
113.25(ii) any retired member who retired before obtaining a full nonforfeitable interest in
113.26the amounts credited to the individual member account under subdivision 2, paragraph
113.27(b), and any applicable provision of the bylaws of the relief association. In addition, any
113.28investment return on the assets of the special fund must be credited in proportion to the
113.29share of the assets of the special fund to the credit of each individual active member
113.30account. Administrative expenses of the relief association payable from the special
113.31fund may be deducted from individual accounts in a manner specified in the bylaws of
113.32the relief association.
114.1(c) If the bylaws so permit and as the bylaws define, the relief association may credit
114.2any investment return on the assets of the special fund to the accounts of inactive members.
114.3(d) Amounts to be credited to individual accounts must be allocated uniformly
114.4for all years of active service and allocations must be made for all years of service,
114.5except for caps on service credit if so provided in the bylaws of the relief association.
114.6Amounts forfeited under paragraph (b), clause (3), before a resumption of active service
114.7and membership under section 424A.01, subdivision 6, remain forfeited and may not be
114.8reinstated upon the resumption of active service and membership. The allocation method
114.9may utilize monthly proration for fractional years of service, as the bylaws or articles of
114.10incorporation of the relief association so provide. The bylaws or articles of incorporation
114.11may define a "month," but the definition must require a calendar month to have at least 16
114.12days of active service. If the bylaws or articles of incorporation do not define a "month," a
114.13"month" is a completed calendar month of active service measured from the member's
114.14date of entry to the same date in the subsequent month.
114.15(e) At the time of retirement under subdivision 2 and any applicable provision of the
114.16bylaws of the relief association, a retiring member is entitled to that portion of the assets
114.17of the special fund to the credit of the member in the individual member account which is
114.18nonforfeitable under subdivision 3 and any applicable provision of the bylaws of the relief
114.19association based on the number of years of service to the credit of the retiring member.
114.20(f) Annually, the secretary of the relief association shall certify the individual
114.21account allocations to the state auditor at the same time that the annual financial statement
114.22or financial report and audit of the relief association, whichever applies, is due under
114.23section69.051 .
114.24EFFECTIVE DATE.This section is effective the day following final enactment.
114.25 Sec. 7. Minnesota Statutes 2013 Supplement, section 424A.016, subdivision 6, is
114.26amended to read:
114.27 Subd. 6. Deferred service pensions. (a) A member of a relief association is entitled
114.28to a deferred service pension if the member separates from active service and membership
114.29and has completed the minimum service and membership requirements in subdivision 2.
114.30The requirement that a member separate from active service and membership is waived
114.31for persons who have discontinued their volunteer firefighter duties and who are employed
114.32on a full-time basis under section424A.015, subdivision 1 .
114.33 (b) The deferred service pension is payable when the former member reaches at
114.34least age 50, or at least the minimum age specified in the bylaws governing the relief
115.1association if that age is greater than age 50, and when the former member makes a valid
115.2written application.
115.3 (c) A defined contribution relief association may, if its governing bylaws so provide,
115.4credit interest or additional investment performance on the deferred lump-sum service
115.5pension during the period of deferral. If provided for in the bylaws, the interest must be
115.6paid:
115.7(1) at the investment performance rate actually earned on that portion of the assets
115.8if the deferred benefit amount is invested by the relief association in a separate account
115.9established and maintained by the relief association;
115.10(2) at the investment performance rate actually earned on that portion of the assets
115.11if the deferred benefit amount is invested in a separate investment vehicle held by the
115.12relief association; or
115.13(3) at the investment return on the assets of the special fund of the defined contribution
115.14volunteer firefighter relief association in proportion to the share of the assets of the special
115.15fund to the credit of each individual deferred member account through the accounting date
115.16on which the investment return is recognized by and credited to the special fund.
115.17 (d) Unless the bylaws of a relief association that has elected to pay interest or
115.18additional investment performance on deferred lump-sum service pensions under
115.19paragraph (c) specifies a different interest or additional investment performance method,
115.20including the interest or additional investment performance period starting date and ending
115.21date, the interest or additional investment performance on a deferred service pension
115.22is creditable as follows:
115.23(1) for a relief association that has elected to pay interest or additional investment
115.24performance under paragraph (c), clause (1) or (3), beginning on the date that the
115.25member separates from active service and membership and ending on the accounting
115.26date immediately before the deferred member commences receipt of the deferred service
115.27pension; or
115.28(2) for a relief association that has elected to pay interest or additional investment
115.29performance under paragraph (c), clause (2), beginning on the date that the member
115.30separates from active service and membership and ending on the date that the separate
115.31investment vehicle is valued immediately before the date on which the deferred member
115.32commences receipt of the deferred service pension.
115.33(e) The deferred service pension is governed by and must be calculated under
115.34the general statute, special law, relief association articles of incorporation, and relief
115.35association bylaw provisions applicable on the date on which the member separated from
115.36active service with the fire department and active membership in the relief association.
116.1EFFECTIVE DATE.This section is effective the day following final enactment.
116.2 Sec. 8. Minnesota Statutes 2012, section 424A.016, subdivision 7, is amended to read:
116.3 Subd. 7. Limitation on ancillary benefits. (a) A defined contribution relief
116.4association may only pay an ancillary benefit which would constitute an authorized
116.5disbursement as specified in section424A.05 . The ancillary benefit for active members
116.6must equal the vested and nonvested amount of the individual account of the member.
116.7(b) For deferred members, the ancillary benefit must equal the vested amount of
116.8the individual account of the member. For the recipient of installment payments of a
116.9service pension, the ancillary benefit must equal the remaining balance in the individual
116.10account of the recipient.
116.11(c) If the bylaws permit and as defined by the bylaws, the relief association may pay
116.12an ancillary benefit to, or on behalf of, a member who is not active or deferred.
116.13(d)(1) If a survivor or death benefit is payable under the articles of incorporation or
116.14bylaws, the benefit must be paid:
116.15(i) as a survivor benefit to the surviving spouse of the deceased firefighter;
116.16(ii) as a survivor benefit to the surviving children of the deceased firefighter if no
116.17surviving spouse;
116.18(iii) as a survivor benefit to a designated beneficiary of the deceased firefighter if no
116.19surviving spouse or surviving children; or
116.20(iv) as a death benefit to the estate of the deceased active or deferred firefighter if no
116.21surviving spouse, no surviving children, and no beneficiary designated.
116.22(2) If there are no surviving children, the surviving spouse may waive, in writing,
116.23wholly or partially, the spouse's entitlement to a survivor benefit.
116.24(d) (e) For purposes of this section, for a defined contribution volunteer fire relief
116.25association, a trust created under chapter 501B may be a designated beneficiary. If a trust
116.26payable to the surviving children organized under chapter 501B has been established as
116.27authorized by this section and there is no surviving spouse, the survivor benefit may be
116.28paid to the trust, notwithstanding the requirements of this section.
116.29EFFECTIVE DATE.This section is effective the day following final enactment.
116.30 Sec. 9. Minnesota Statutes 2013 Supplement, section 424A.02, subdivision 3, is
116.31amended to read:
116.32 Subd. 3. Flexible service pension maximums. (a) Annually on or before August
116.331 as part of the certification of the financial requirements and minimum municipal
116.34obligation determined under section424A.092, subdivision 4 , or
424A.093, subdivision
117.15 , as applicable, the secretary or some other official of the relief association designated
117.2in the bylaws of each defined benefit relief association shall calculate and certify to the
117.3governing body of the applicablequalified municipality the average amount of available
117.4financing per active covered firefighter for the most recent three-year period. The amount
117.5of available financing includes any amounts of fire state aid received or receivable by the
117.6relief association, any amounts of municipal contributions to the relief association raised
117.7from levies on real estate or from other available revenue sources exclusive of fire state
117.8aid, and one-tenth of the amount of assets in excess of the accrued liabilities of the relief
117.9association calculated under section424A.092, subdivision 2 ;
424A.093, subdivisions 2
117.10and 4; or424A.094, subdivision 2 , if any.
117.11 (b) The maximum service pension which the defined benefit relief association has
117.12authority to provide for in its bylaws for payment to a member retiring after the calculation
117.13date when the minimum age and service requirements specified in subdivision 1 are met
117.14must be determined using the table in paragraph (c) or (d), whichever applies.
117.15 (c) For a defined benefit relief association where the governing bylaws provide for
117.16a monthly service pension to a retiring member, the maximum monthly service pension
117.17amount per month for each year of service credited that may be provided for in the bylaws
117.18is the greater of the service pension amount provided for in the bylaws on the date of the
117.19calculation of the average amount of the available financing per active covered firefighter
117.20or the maximum service pension figure corresponding to the average amount of available
117.21financing per active covered firefighter:
120.14 (d) For a defined benefit relief association in which the governing bylaws provide
120.15for a lump-sum service pension to a retiring member, the maximum lump-sum service
120.16pension amount for each year of service credited that may be provided for in the bylaws is
120.17the greater of the service pension amount provided for in the bylaws on the date of the
120.18calculation of the average amount of the available financing per active covered firefighter
120.19or the maximum service pension figure corresponding to the average amount of available
120.20financing per active covered firefighter for the applicable specified period:
123.24 (e) For a defined benefit relief association in which the governing bylaws provide
123.25for a monthly benefit service pension as an alternative form of service pension payment
123.26to a lump-sum service pension, the maximum service pension amount for each pension
123.27payment type must be determined using the applicable table contained in this subdivision.
123.28 (f) If a defined benefit relief association establishes a service pension in compliance
123.29with the applicable maximum contained in paragraph (c) or (d) and the minimum average
123.30amount of available financing per active covered firefighter is subsequently reduced
123.31because of a reduction in fire state aid or because of an increase in the number of active
123.32firefighters, the relief association may continue to provide the prior service pension
123.33amount specified in its bylaws, but may not increase the service pension amount until
123.34the minimum average amount of available financing per firefighter under the table in
123.35paragraph (c) or (d), whichever applies, permits.
123.36 (g) No defined benefit relief association is authorized to provide a service pension in
123.37an amount greater than the largest applicable flexible service pension maximum amount
123.38even if the amount of available financing per firefighter is greater than the financing
123.39amount associated with the largest applicable flexible service pension maximum.
124.1(h) The method of calculating service pensions must be applied uniformly for all
124.2years of active service. Credit must be given for all years of active service except for caps
124.3on service credit if so provided in the bylaws of the relief association.
124.4EFFECTIVE DATE.This section is effective the day following final enactment.
124.5 Sec. 10. Minnesota Statutes 2013 Supplement, section 424A.02, subdivision 7, is
124.6amended to read:
124.7 Subd. 7. Deferred service pensions. (a) A member of a defined benefit relief
124.8association is entitled to a deferred service pension if the member separates from active
124.9service and membership and has completed the minimum service and membership
124.10requirements in subdivision 1. The requirement that a member separate from active service
124.11and membership is waived for persons who have discontinued their volunteer firefighter
124.12duties and who are employed on a full-time basis under section424A.015, subdivision 1 .
124.13 (b) The deferred service pension is payable when the former member reaches at
124.14least age 50, or at least the minimum age specified in the bylaws governing the relief
124.15association if that age is greater than age 50, and when the former member makes a valid
124.16written application.
124.17 (c) A defined benefit relief association that provides a lump-sum service pension
124.18governed by subdivision 3 may, when its governing bylaws so provide, pay interest on the
124.19deferred lump-sum service pension during the period of deferral. If provided for in the
124.20bylaws, interest must be paid in one of the following manners:
124.21 (1) at the investment performance rate actually earned on that portion of the assets
124.22if the deferred benefit amount is invested by the relief association in a separate account
124.23established and maintained by the relief association;
124.24(2) at the investment performance rate actually earned on that portion of the assets
124.25if the deferred benefit amount is invested in a separate investment vehicle held by the
124.26relief association; or
124.27 (3) at an interest rate of up to five percent, compounded annually, as set by the
124.28board of trustees.
124.29(d) Any change in the interest rate set by the board ofdirectors trustees under
124.30paragraph (c), clause (3), must be ratified by the governing body of the municipality
124.31served by the fire department to which the relief association is directly associated, or by
124.32the independent nonprofit firefighting corporation, as applicable.
124.33 (e) Interest under paragraph (c), clause (3), is payable beginning on the January 1
124.34next following the date on which the deferred service pension interest rate as set by the
124.35board of trustees was ratified by the governing body of the municipality served by the fire
125.1department to which the relief association is directly associated, or by the independent
125.2nonprofit firefighting corporation, as applicable.
125.3 (f) Unless the bylaws of a relief association that has elected to pay interest or
125.4additional investment performance on deferred lump-sum service pensions under
125.5paragraph (c) specifies a different interest or additional investment performance method,
125.6including the interest or additional investment performance period starting date and ending
125.7date, the interest or additional investment performance on a deferred service pension
125.8is creditable as follows:
125.9(1) for a relief association that has elected to pay interest or additional investment
125.10performance under paragraph (c), clause (1) or (3), beginning on the first day of the
125.11month next following the date on which the member separates from active service and
125.12membership and ending on the last day of the month immediately before the month in
125.13which the deferred member commences receipt of the deferred service pension; or
125.14(2) for a relief association that has elected to pay interest or additional investment
125.15performance under paragraph (c), clause (2), beginning on the date that the member
125.16separates from active service and membership and ending on the date that the separate
125.17investment vehicle is valued immediately before the date on which the deferred member
125.18commences receipt of the deferred service pension.
125.19(g) For a deferred service pension that is transferred to a separate account established
125.20and maintained by the relief association or separate investment vehicle held by the relief
125.21association, the deferred member bears the full investment risk subsequent to transfer and
125.22in calculating the accrued liability of the volunteer firefighters relief association that pays
125.23a lump-sum service pension, the accrued liability for deferred service pensions is equal
125.24to the separate relief association account balance or the fair market value of the separate
125.25investment vehicle held by the relief association.
125.26(h) The deferred service pension is governed by and must be calculated under
125.27the general statute, special law, relief association articles of incorporation, and relief
125.28association bylaw provisions applicable on the date on which the member separated from
125.29active service with the fire department and active membership in the relief association.
125.30EFFECTIVE DATE.This section is effective the day following final enactment.
125.31 Sec. 11. Minnesota Statutes 2012, section 424A.05, subdivision 3, is amended to read:
125.32 Subd. 3. Authorized disbursements from special fund. Disbursements from the
125.33special fund may not be made for any purpose other than one of the following:
125.34 (1) for the payment of service pensions to retired members of the relief association if
125.35authorized and paid under law and the bylaws governing the relief association;
126.1(2) for the purchase of an annuity for the applicable person under section424A.015 ,
126.2subdivision 3, for the transfer of service pension or benefit amounts to the applicable
126.3person's individual retirement account under section424A.015, subdivision 4 , or to the
126.4applicable person's account in the Minnesota deferred compensation plan under section
126.5424A.015, subdivision 5
;
126.6 (3) for the payment of temporary or permanent disability benefits to disabled
126.7members of the relief association if authorized and paid under law and specified in amount
126.8in the bylaws governing the relief association;
126.9 (4) for the payment of survivor benefits or for the payment of a death benefit to the
126.10estate of the deceased active or deferred firefighter, if authorized and paid under law and
126.11specified in amount in the bylaws governing the relief association;
126.12 (5) for the payment of the fees, dues and assessments to the Minnesota State Fire
126.13Department Association and to the MinnesotaArea Relief State Fire Chiefs Association
126.14Coalition in order to entitle relief association members to membership in and the benefits
126.15of these associations or organizations;
126.16(6) for the payment of insurance premiums to the state Volunteer Firefighters Benefit
126.17Association, or an insurance company licensed by the state of Minnesota offering casualty
126.18insurance, in order to entitle relief association members to membership in and the benefits
126.19of the association or organization; and
126.20 (7) for the payment of administrative expenses of the relief association as authorized
126.21under section69.80 .
126.22EFFECTIVE DATE.This section is effective the day following final enactment.
126.23 Sec. 12. Minnesota Statutes 2012, section 424A.08, is amended to read:
126.24424A.08 MUNICIPALITY WITHOUT RELIEF ASSOCIATION;
126.25AUTHORIZED DISBURSEMENTS.
126.26(a) Anyqualified municipality which is entitled to receive fire state aid but which
126.27has no volunteer firefighters' relief association directly associated with its fire department
126.28and which has no full-time firefighters with retirement coverage by the public employees
126.29police and fire retirement plan shall deposit the fire state aid in a special account
126.30established for that purpose in the municipal treasury. Disbursement from the special
126.31account may not be made for any purpose except:
126.32(1) payment of the fees, dues and assessments to the Minnesota State Fire
126.33Department Association and to the state Volunteer Firefighters' Benefit Association in
126.34order to entitle its firefighters to membership in and the benefits of these state associations;
127.1(2) payment of the cost of purchasing and maintaining needed equipment for the
127.2fire department; and
127.3(3) payment of the cost of construction, acquisition, repair, or maintenance of
127.4buildings or other premises to house the equipment of the fire department.
127.5(b) Aqualified municipality which is entitled to receive fire state aid, which has no
127.6volunteer firefighters' relief association directly associated with its fire department, which
127.7does not participate in the voluntary statewide lump-sum volunteer firefighter retirement
127.8plan under chapter 353G, and which has full-time firefighters with retirement coverage
127.9by the public employees police and fire retirement plan may disburse the fire state aid as
127.10provided in paragraph (a), for the payment of the employer contribution requirement with
127.11respect to firefighters covered by the public employees police and fire retirement plan under
127.12section353.65, subdivision 3 , or for a combination of the two types of disbursements.
127.13(c) A municipality that has no volunteer firefighters' relief association directly
127.14associated with it and that participates in the voluntary statewide lump-sum volunteer
127.15firefighter retirement plan under chapter 353G shall transmit any fire state aid that it
127.16receives to the voluntary statewide lump-sum volunteer firefighter retirement fund.
127.17EFFECTIVE DATE.This section is effective the day following final enactment.
127.18 Sec. 13. Minnesota Statutes 2013 Supplement, section 424A.092, subdivision 6,
127.19is amended to read:
127.20 Subd. 6. Municipal ratification for plan amendments. If the special fund of
127.21the relief association does not have a surplus over full funding under subdivision 3,
127.22paragraph (c), clause (5), and if the municipality is required to provide financial support
127.23to the special fund of the relief association under this section, the adoption of or any
127.24amendment to the articles of incorporation or bylaws of a relief association which
127.25increases or otherwise affects the retirement coverage provided by or the service pensions
127.26or retirement benefits payable from the special fund of any relief association to which this
127.27section applies is not effective until it is ratified by the governing body of the municipality
127.28in which the relief association is located served by the fire department to which the
127.29relief association is directly associated or by the independent nonprofit firefighting
127.30corporation, as applicable, and the officers of a relief association shall not seek municipal
127.31ratification prior to preparing and certifying an estimate of the expected increase in the
127.32accrued liability and annual accruing liability of the relief association attributable to the
127.33amendment. If the special fund of the relief association has a surplus over full funding
127.34under subdivision 3, paragraph (c), clause (5), and if the municipality is not required to
127.35provide financial support to the special fund of the relief association under this section,
128.1the relief association may adopt or amend its articles of incorporation or bylaws which
128.2increase or otherwise affect the retirement coverage provided by or the service pensions
128.3or retirement benefits payable from the special fund of the relief association which are
128.4effective without municipal ratification so long as this does not cause the amount of the
128.5resulting increase in the accrued liability of the special fund of the relief association to
128.6exceed 90 percent of the amount of the surplus over full funding reported in the prior year
128.7and this does not result in the financial requirements of the special fund of the relief
128.8association exceeding the expected amount of the future fire state aid to be received by
128.9the relief association as determined by the board of trustees following the preparation
128.10of an estimate of the expected increase in the accrued liability and annual accruing
128.11liability of the relief association attributable to the change. If a relief association adopts or
128.12amends its articles of incorporation or bylaws without municipal ratification under this
128.13subdivision, and, subsequent to the amendment or adoption, the financial requirements
128.14of the special fund of the relief association under this section are such so as to require
128.15financial support from the municipality, the provision which was implemented without
128.16municipal ratification is no longer effective without municipal ratification and any service
128.17pensions or retirement benefits payable after that date may be paid only in accordance with
128.18the articles of incorporation or bylaws as amended or adopted with municipal ratification.
128.19EFFECTIVE DATE.This section is effective the day following final enactment.
128.20 Sec. 14. Minnesota Statutes 2013 Supplement, section 424A.093, subdivision 2,
128.21is amended to read:
128.22 Subd. 2. Determination of actuarial condition and funding costs. A relief
128.23association to which this section applies shall obtain an actuarial valuation showing the
128.24condition of the special fund of the relief association as of December 31, 1978, and at
128.25least as of December 31 every four years thereafter. The valuation shall be prepared in
128.26accordance with the provisions of sections356.215, subdivision 8 , and
356.216 and any
128.27applicable standards for actuarial work established by the Legislative Commission on
128.28Pensions and Retirement, except that the figure for normal cost shall be expressed as a
128.29level dollar amount, and the amortization contribution shall be the level dollar amount
128.30calculated to amortize any current unfunded accrued liability by at least the date of full
128.31funding specified in subdivision 4, clause (b). Each valuation shall be filed with the
128.32governing body of the municipalityin which the relief association is located served by the
128.33fire department to which the relief association is directly associated or by the independent
128.34nonprofit firefighting corporation, as applicable, and with the state auditor, not later than
128.35July 1 of the year next following the date as of which the actuarial valuation is prepared.
129.1Any relief association which is operating under a special law which requires that actuarial
129.2valuations be obtained at least every four years and be prepared in accordance with
129.3applicable actuarial standards set forth in statute may continue to have actuarial valuations
129.4made according to the time schedule set forth in the special legislation subject to the
129.5provisions of subdivision 3.
129.6EFFECTIVE DATE.This section is effective the day following final enactment.
129.7 Sec. 15. Minnesota Statutes 2013 Supplement, section 424A.093, subdivision 6,
129.8is amended to read:
129.9 Subd. 6. Municipal ratification for plan amendments. If the special fund of the
129.10relief association does not have a surplus over full funding under subdivision 4, and
129.11if the municipality is required to provide financial support to the special fund of the
129.12relief association under this section, the adoption of or any amendment to the articles of
129.13incorporation or bylaws of a relief association which increases or otherwise affects the
129.14retirement coverage provided by or the service pensions or retirement benefits payable
129.15from the special fund of any relief association to which this section applies is not effective
129.16until it is ratified by the governing body of the municipalityin which the relief association
129.17is located served by the fire department to which the relief association is directly associated
129.18or by the independent nonprofit firefighting corporation, as applicable. If the special
129.19fund of the relief association has a surplus over full funding under subdivision 4, and if
129.20the municipality is not required to provide financial support to the special fund of the
129.21relief association under this section, the relief association may adopt or amend its articles
129.22of incorporation or bylaws which increase or otherwise affect the retirement coverage
129.23provided by or the service pensions or retirement benefits payable from the special fund
129.24of the relief association which are effective without municipal ratification so long as this
129.25does not cause the amount of the resulting increase in the accrued liability of the special
129.26fund of the relief association to exceed 90 percent of the amount of the surplus over full
129.27funding reported in the prior year and this does not result in the financial requirements of
129.28the special fund of the relief association exceeding the expected amount of the future fire
129.29state aid to be received by the relief association as determined by the board of trustees
129.30following the preparation of an updated actuarial valuation including the proposed change
129.31or an estimate of the expected actuarial impact of the proposed change prepared by the
129.32actuary of the relief association. If a relief association adopts or amends its articles of
129.33incorporation or bylaws without municipal ratification pursuant to this subdivision, and,
129.34subsequent to the amendment or adoption, the financial requirements of the special fund
129.35of the relief association under this section are such so as to require financial support from
130.1the municipality, the provision which was implemented without municipal ratification is
130.2no longer effective without municipal ratification and any service pensions or retirement
130.3benefits payable after that date may be paid only in accordance with the articles of
130.4incorporation or bylaws as amended or adopted with municipal ratification.
130.5EFFECTIVE DATE.This section is effective the day following final enactment.
130.6 Sec. 16. Minnesota Statutes 2013 Supplement, section 424A.094, subdivision 2,
130.7is amended to read:
130.8 Subd. 2. Determination of actuarial condition and funding costs. Each
130.9independent nonprofit firefighting corporation to which this section applies shall determine
130.10the actuarial condition and the funding costs of the subsidiary relief association using
130.11the following procedure:
130.12(1) An independent nonprofit firefighting corporation which has a subsidiary relief
130.13association which pays a monthly benefit service pension shall procure an actuarial
130.14valuation of the special fund of the subsidiary relief association at the same times and
130.15in the same manner as specified in section424A.093 , subdivisions 2 and 3, and an
130.16independent nonprofit firefighting corporation which has a subsidiary relief association
130.17which pays a lump-sum service pension shall determine the accrued liability of the special
130.18fund of the relief association in accordance with section424A.092, subdivision 2 .
130.19(2) The financial requirements of the special fund of the subsidiary relief association
130.20which pays a monthly benefit service pension shall be determined in the same manner
130.21as specified in section424A.093, subdivision 4 , and the financial requirements of the
130.22special fund of the subsidiary relief association shall be determined in the same manner as
130.23specified in section424A.092, subdivision 3 .
130.24(3) The minimum obligation of the independent nonprofit firefighting corporation on
130.25behalf of the special fund of the subsidiary relief association shall be determined in the
130.26same manner as specified in section 424A.092, subdivision 4, or424A.093, subdivision 5 ,
130.27as applicable.
130.28(4) The independent nonprofit firefighting corporation shall appropriate annually
130.29from the income of the corporation an amount at least equal to the minimum obligation
130.30of the independent nonprofit firefighting corporation on behalf of the special fund of
130.31the subsidiary relief association.
130.32EFFECTIVE DATE.This section is effective the day following final enactment.
131.1 Sec. 17. Minnesota Statutes 2013 Supplement, section 424A.10, subdivision 2, is
131.2amended to read:
131.3 Subd. 2. Payment of supplemental benefit. (a) Upon the payment by a volunteer
131.4firefighters' relief association or by the voluntary statewide lump-sum volunteer firefighter
131.5retirement plan of a lump-sum distribution to a qualified recipient, the association must
131.6pay a supplemental benefit to the qualified recipient. Notwithstanding any law to the
131.7contrary, the relief association must pay the supplemental benefit out of its special fund
131.8and the voluntary statewide lump-sum volunteer firefighter retirement plan must pay
131.9the supplemental benefit out of the voluntary statewide lump-sum volunteer firefighter
131.10retirement plan. This benefit is an amount equal to ten percent of the regular lump-sum
131.11distribution that is paid on the basis of the recipient's service as a volunteer firefighter.
131.12In no case may the amount of the supplemental benefit exceed $1,000. A supplemental
131.13benefit under this paragraph may not be paid to a survivor of a deceased active or deferred
131.14volunteer firefighter in that capacity.
131.15 (b) Upon the payment by a relief association or the retirement plan of a lump-sum
131.16survivor benefit to a survivor of a deceased active volunteer firefighter or of a deceased
131.17deferred volunteer firefighter, the association must pay a supplemental survivor benefit to
131.18the survivor of the deceased active or deferred volunteer firefighter from the special fund
131.19of the relief association and the retirement plan must pay a supplemental survivor benefit
131.20to the survivor of the deceased active or deferred volunteer firefighter from the retirement
131.21fund if chapter 353G so provides. The amount of the supplemental survivor benefit is 20
131.22percent of the survivor benefit, but not to exceed $2,000.
131.23 (c) For purposes of this section, the term "regular lump-sum distribution" means the
131.24pretax lump-sum distribution excluding any interest that may have been credited during a
131.25volunteer firefighter's period of deferral.
131.26 (d) An individual may receive a supplemental benefit under paragraph (a) or under
131.27paragraph (b), but not under both paragraphs with respect to one lump-sum volunteer
131.28firefighter benefit.
131.29EFFECTIVE DATE.This section is effective the day following final enactment.
131.30 Sec. 18. Minnesota Statutes 2012, section 424B.12, is amended to read:
131.31424B.12 MIXED CONSOLIDATING RELIEF ASSOCIATIONS; BENEFIT
131.32PLAN; FUNDING.
131.33 Subdivision 1. Applicability. This section applies where one or more of the
131.34volunteer firefighters' relief associations involved in the consolidation are defined benefit
132.1relief associations as defined in section424A.001, subdivision 1b , and one or more of
132.2the volunteer firefighters' relief associations involved in the consolidation are defined
132.3contribution relief associations as defined in section424A.001, subdivision 1c .
132.4 Subd. 2. Benefit plan. The articles of incorporation or bylaws of the successor
132.5relief association must specify whether the relief association is a defined benefit relief
132.6association or whether the relief association is a defined contribution relief association. If
132.7the successor relief association is a defined benefit relief association, the relief association
132.8benefits must comply with sections424A.02 and 424B.11, subdivision 1a 424B.10. If
132.9the successor relief association is a defined contribution relief association, the relief
132.10association must comply with sections424A.016 and 424B.12 424B.11, subdivision 2.
132.11 Subd. 3. Funding. If the successor relief association is a defined benefit relief
132.12association, the relief association funding is governed by section424B.11 424B.10,
132.13subdivision 2. If the successor relief association is a defined contribution relief association,
132.14the relief association funding is governed by section424B.12 424B.11, subdivision 3.
132.15EFFECTIVE DATE.This section is effective the day following final enactment.
132.18 Section 1. Minnesota Statutes 2012, section 11A.17, subdivision 1, is amended to read:
132.19 Subdivision 1. Purpose; accounts; continuation. (a) The purpose of the
132.20supplemental investment fund is to provide an investment vehicle for the assets of various
132.21public retirement plans and funds.
132.22(b)The fund consists of eight investment accounts: an income share account, a
132.23growth share account, an international share account, a money market account, a fixed
132.24interest account, a bond market account, a common stock index account, and a volunteer
132.25firefighter account. The state board shall determine and make available investment
132.26accounts within the supplemental investment fund. These accounts shall include an
132.27appropriate array of diversified investment options for participants of the public retirement
132.28plans under subdivision 5.
132.29(c) The assets of the supplemental investment fundis a continuation of the
132.30supplemental retirement fund in existence on January 1, 1980 must be invested by the
132.31state board in types of investments permitted under section 11A.24.
132.32(d) The state board shall make available a volunteer firefighter account for the
132.33voluntary statewide lump-sum volunteer firefighter retirement plan under section 353G.02.
132.34EFFECTIVE DATE.This section is effective July 1, 2014.
133.1 Sec. 2. Minnesota Statutes 2012, section 11A.17, subdivision 9, is amended to read:
133.2 Subd. 9. Valuation of investment shares. (a) The value ofinvestment shares in
133.3the income share account, the growth share account, the international share account,
133.4the bond market account, and the common stock index for each investment account,
133.5excluding a money market account, must be determined by dividing the total market
133.6value of the securities constituting the respective account by the total number of shares
133.7then outstanding in the investment account.
133.8(b) The value ofinvestment shares in the a money market account and the fixed
133.9interest account is must be $1 a share. Terms as to withdrawal schedules will be agreed
133.10upon by the public retirement fund and the state board.
133.11EFFECTIVE DATE.This section is effective July 1, 2014.
133.12 Sec. 3. Minnesota Statutes 2012, section 352.115, subdivision 8, is amended to read:
133.13 Subd. 8. Accrual of annuity.State employees shall apply for an annuity. The
133.14application for an annuity must not be made more than90 60 days before the time the state
133.15employeeis eligible to retire by reason of both age and service requirements or former
133.16state employee elects to begin collecting a retirement annuity. If the director determines an
133.17applicant for annuity has fulfilled the legal requirements for an annuity, the director shall
133.18authorize the annuity payment in accordance with this chapter and payment must be made
133.19as authorized. An annuity shall begin to accrue no earlier than 180 days before the date the
133.20application is filed with the director, but not before the day following the termination of
133.21state service or before the day the employee is eligible to retire by reason of both age and
133.22service requirements. The retirement annuity shall cease with the last payment which had
133.23accrued during the lifetime of the retired employee unless an optional annuity provided in
133.24section352.116, subdivision 3 , had been selected and had become payable. The joint and
133.25last survivor annuity shall cease with the last payment received by the survivor during
133.26the lifetime of the survivor. If a retired employee had not selected an optional annuity, or
133.27a survivor annuity is not payable under the option, and a spouse survives, the spouse is
133.28entitled only to the annuity for the calendar month in which the retired employee died.
133.29If an optional annuity is payable after the death of the retired employee, the survivor is
133.30entitled to the annuity for the calendar month in which the retired employee died.
133.31EFFECTIVE DATE.This section is effective July 1, 2014.
133.32 Sec. 4. Minnesota Statutes 2012, section 352.115, subdivision 10, is amended to read:
134.1 Subd. 10. Reemployment of annuitant. (a) Except for salary or wages received
134.2as a temporary employee of the legislature during a legislative session, if any retired
134.3employee again becomes entitled to receive salary or wages from any employer who
134.4employs state employees as that term is defined in section352.01, subdivision 2 , in a
134.5position covered by this chapter, the annuity or retirement allowance must ceasewhen the
134.6first of the month following the month that the retired employee has earned an amount
134.7equal to the annual maximum earnings allowable for that age for the continued receipt of
134.8full benefit amounts monthly under the federal old age, survivors, and disability insurance
134.9program as set by the secretary of health and human services under United States Code,
134.10title 42, section 403, in any calendar year. If the retired employee has not yet reached the
134.11minimum age for the receipt of Social Security benefits, the maximum earnings for the
134.12retired employee are equal to the annual maximum earnings allowable for the minimum
134.13age for the receipt of Social Security benefits.
134.14(b) The balance of the annual retirement annuity after cessation must be handled or
134.15disposed of as provided in section356.47 .
134.16(c) The annuity must be resumedwhen the first of the month following the month
134.17that state service ends, or, if the retired employee is still employed at the beginning of the
134.18next calendar year, at the beginning of that calendar year, and payment must again end
134.19when the retired employee has earned the applicable reemployment earnings maximum
134.20specified in this subdivision. If the retired employee is granted a sick leave without pay,
134.21but not otherwise, the annuity or retirement allowance must be resumed during the period
134.22of sick leave.
134.23(d) No payroll deductions for the retirement fund may be made from the earnings of
134.24a reemployed retired employee.
134.25(e) No change may be made in the monthly amount of an annuity or retirement
134.26allowance because of the reemployment of an annuitant.
134.27(f) If a reemployed annuitant whose annuity is suspended under paragraph (a)
134.28is having insurance premium amounts withheld under section356.87, subdivision 2 ,
134.29insurance premium amounts must continue to be withheld and transferred from the
134.30suspended portion of the annuity. The balance of the annual retirement annuity after
134.31cessation, after deduction of the insurance premium amounts, must be treated as specified
134.32in paragraph (b).
134.33(g) If a reemployed annuitant whose annuity is suspended under paragraph (a)
134.34has a former spouse receiving a portion of the annuity allowable under section 518.58,
134.35subdivision 1, the portion payable to the former spouse must continue to be paid.
134.36EFFECTIVE DATE.This section is effective retroactively from January 1, 2014.
135.1 Sec. 5. Minnesota Statutes 2012, section 352.965, subdivision 4, is amended to read:
135.2 Subd. 4. Plan investments.(a) Available investments under the plan may include:
135.3 are those investments chosen by the State Board of Investment under section 356.645 for
135.4the plan.
135.5(1) shares in the Minnesota supplemental investment fund established in section
135.611A.17 that are selected to be offered under the plan by the State Board of Investment;
135.7(2) saving accounts in federally insured financial institutions;
135.8(3) life insurance contracts, fixed annuity, and variable annuity contracts from
135.9companies that are subject to regulation by the commissioner of commerce;
135.10(4) investment options from open-end investment companies registered under the
135.11federal Investment Company Act of 1940, United States Code, title 15, sections 80a-1
135.12to 80a-64;
135.13(5) investment options from a firm that is a registered investment advisor under the
135.14Investment Advisers Act of 1940, United States Code, title 15, sections 80b-1 to 80b-21;
135.15(6) investment options of a bank as defined in United States Code, title 15, section
135.1680b-2, subsection (a), paragraph (2), or a bank holding company as defined in the Bank
135.17Holding Company Act of 1956, United States Code, title 12, section 1841, subsection
135.18(a), paragraph (1); or
135.19(7) a combination of clause (1), (2), (3), (4), (5), or (6), as provided by the plan as
135.20specified by the participant.
135.21(b) All amounts contributed to the deferred compensation plan and all earnings
135.22on those amounts must be held for the exclusive benefit of the plan participants and
135.23beneficiaries. These amounts must be held in trust, in custodial accounts, or in qualifying
135.24annuity contracts as required by federal law in accordance with section
356A.06,
135.25subdivision 1. This subdivision does not authorize an employer contribution, except as
135.26authorized in section
356.24, subdivision 1, paragraph (a), clause (5). The state, political
135.27subdivision, or other employing unit is not responsible for any loss that may result from
135.28investment of the deferred compensation.
135.29EFFECTIVE DATE.This section is effective July 1, 2014.
135.30 Sec. 6. Minnesota Statutes 2012, section 352.965, is amended by adding a subdivision
135.31to read:
135.32 Subd. 4a. Exclusive benefit. All amounts contributed to the deferred compensation
135.33plan and all earnings on those amounts must be held for the exclusive benefit of the plan
135.34participants and beneficiaries. These amounts must be held in trust, in custodial accounts,
136.1or in qualifying annuity contracts as required by federal law in accordance with section
136.2356A.06 , subdivision 1.
136.3EFFECTIVE DATE.This section is effective July 1, 2014.
136.4 Sec. 7. Minnesota Statutes 2012, section 352.965, is amended by adding a subdivision
136.5to read:
136.6 Subd. 4b. Employer contribution prohibition. Except as authorized in section
136.7356.24, subdivision 1 , clause (5), employer contributions are prohibited.
136.8EFFECTIVE DATE.This section is effective July 1, 2014.
136.9 Sec. 8. Minnesota Statutes 2012, section 352.98, subdivision 2, is amended to read:
136.10 Subd. 2. Contracting authorized. (a) The executive director shall administer
136.11the plan and contract with public and private entities to provide investment services,
136.12record keeping, benefit payments, and other functions necessary for the administration of
136.13the plan.If allowed by
136.14 (b) As specified in section 356.645, theMinnesota State Board of Investment, the
136.15Minnesota State Board of Investment supplemental investment funds may be offered as
136.16 shall determine an appropriate selection of investment optionsunder that shall be offered
136.17by the health care savings planor plans.
136.18EFFECTIVE DATE.This section is effective July 1, 2014.
136.19 Sec. 9. Minnesota Statutes 2012, section 352D.04, is amended by adding a subdivision
136.20to read:
136.21 Subd. 1a. State Board of Investment selection of investment products. As
136.22specified in section 356.645, the State Board of Investment shall select investment
136.23products to be available to participants in the retirement program provided by this chapter.
136.24EFFECTIVE DATE.This section is effective July 1, 2014.
136.25 Sec. 10. Minnesota Statutes 2012, section 352D.04, is amended by adding a
136.26subdivision to read:
136.27 Subd. 1b. Participant selection of investments. (a) A program participant may
136.28elect to participate in one or more of the investment products made available under the
136.29program by specifying the percentage of the participant's contributions under subdivision
136.302 to be used to purchase shares in the applicable products.
137.1(b) Before making an allocation election, or if the participant fails to specify an
137.2allocation, the executive director shall, on behalf of that participant, purchase shares
137.3in a default investment alternative. The investment alternative must be specified by
137.4the Minnesota State Retirement System Board from the available investment options
137.5authorized under subdivision 1a.
137.6(c) A participant may revise the investment allocation for subsequent purchase of
137.7shares, and a participant or former participant may also change the investment options
137.8selected for all or a portion of shares previously purchased.
137.9(d) Any investment allocation selection authorized under this subdivision, whether
137.10relating to subsequent purchases of new shares or reallocating the existing portfolio,
137.11must be conducted at times and under procedures prescribed by the executive director.
137.12Any allocation or allocation revisions are effective at the end of the most recent United
137.13States investment market day, unless subject to trading restrictions imposed on certain
137.14investment options.
137.15EFFECTIVE DATE.This section is effective July 1, 2014.
137.16 Sec. 11. Minnesota Statutes 2012, section 353.27, subdivision 4, is amended to read:
137.17 Subd. 4. Employer reporting requirements; contributions; member status.
137.18(a) A representative authorized by the head of each department shall deduct employee
137.19contributions from the salary of each public employee who qualifies for membership in
137.20the general employees retirement plan of the Public Employees Retirement Association
137.21or in the public employees police and fire retirement plan under this chapter or chapter
137.22353D or 353E at the rate under section353.27 ,
353.65 ,
353D.03 , or
353E.03 , whichever is
137.23applicable, that is in effect on the date the salary is paid. The employer representative must
137.24also remit payment in a manner prescribed by the executive director for the aggregate
137.25amount of the employee contributions and the required employer contributions to be
137.26received by the association within 14 calendar days after each pay date. If the payment is
137.27less than the amount required, the employer must pay the shortage amount to the association
137.28and collect reimbursement of any employee contribution shortage paid on behalf of a
137.29member through subsequent payroll withholdings from the wages of the employee.
137.30Payment of shortages in employee contributions and associated employer contributions, if
137.31applicable, must include interest at the rate specified in section353.28, subdivision 5 , if not
137.32received within 30 days following the date the amount was initially due under this section.
137.33(b) The head of each department or the person's designee shall submit for each
137.34pay period to the association a salary deduction report in the format prescribed by the
137.35executive director. The report must be received by the association within 14 calendar
138.1days after each pay date or the employer may be assessed a fine of $5 per calendar day
138.2until the association receives the required data. Data required as part of salary deduction
138.3reporting must include, but are not limited to:
138.4(1) the legal names and Social Security numbers of employees who are members;
138.5(2) the amount of each employee's salary deduction;
138.6(3) the amount of salary defined in section353.01, subdivision 10 , earned in the pay
138.7period from which each deduction was made, including a breakdown of the portion of the
138.8salary that represents overtime pay that the employee was paid for additional hours worked
138.9beyond the regularly scheduled hours, pay for unused compensatory time, and the salary
138.10amount earned by a reemployed annuitant under section353.37, subdivision 1 , or
353.371,
138.11subdivision 1 , or by a disabled member under section
353.33, subdivision 7 or 7a;
138.12(4) the beginning and ending dates of the payroll period covered and the date of
138.13actual payment; and
138.14(5) adjustments or corrections covering past pay periods as authorized by the
138.15executive director.
138.16(c) Employers must furnish the data required for enrollment for each new or
138.17reinstated employee who qualifies for membership in the general employees retirement
138.18plan of the Public Employees Retirement Association or in the public employees police
138.19and fire retirement plan in the format prescribed by the executive director. The required
138.20enrollment data on new members must be submitted to the association prior to or
138.21concurrent with the submission of the initial employee salary deduction. Also, the
138.22employer shall report to the association all member employment status changes, such as
138.23leaves of absence, terminations, and death, and shall report the effective dates of those
138.24changes, on an ongoing basis for the payroll cycle in which they occur. If an employer
138.25fails to comply with the reporting requirements under this paragraph, the executive
138.26director may assess a fine of $25 for each failure if the association staff has notified the
138.27employer of the noncompliance and attempted to obtain the missing data or form from the
138.28employer for a period of more than three months.
138.29(d) The employer shall furnish data, forms, and reports as may be required by
138.30the executive director for proper administration of the retirement system. Before
138.31implementing new or different computerized reporting requirements, the executive
138.32director shall give appropriate advance notice to governmental subdivisions to allow time
138.33for system modifications.
138.34(e) Notwithstanding paragraph (a), the executive director may provide for less
138.35frequent reporting and payments for small employers.
139.1(f) The executive director may establish reporting procedures and methods as
139.2required to review compliance by employers with the salary and contribution reporting
139.3requirements in this chapter. A review of the payroll records of a participating employer
139.4may be conducted by the association on a periodic basis or as a result of concerns known
139.5to exist within a governmental subdivision. An employer under review must extract
139.6requested data and provide records to the association after receiving reasonable advanced
139.7notice. Failure to provide requested information or materials will result in the employer
139.8being liable to the association for any expenses associated with a field audit, which may
139.9include staff salaries, administrative expenses, and travel expenses.
139.10EFFECTIVE DATE.This section is effective January 1, 2015.
139.11 Sec. 12. Minnesota Statutes 2012, section 353.37, is amended by adding a subdivision
139.12to read:
139.13 Subd. 6. Treatment in certain divorce situations. Notwithstanding other
139.14subdivisions of this section, if a reemployed annuitant whose annuity is suspended or
139.15reduced under this section has a former spouse receiving a portion of the annuity under
139.16section 518.58, subdivision 1, the portion payable to the former spouse must not be
139.17suspended or deferred.
139.18EFFECTIVE DATE.This section is effective retroactively from January 1, 2014.
139.19 Sec. 13. Minnesota Statutes 2012, section 353.371, is amended by adding a subdivision
139.20to read:
139.21 Subd. 8. Program expiration. (a) Initial postretirement option employment
139.22agreements must not be entered into after June 30, 2019.
139.23(b) This section expires on June 30, 2024.
139.24EFFECTIVE DATE.This section is effective July 1, 2014.
139.25 Sec. 14. Minnesota Statutes 2013 Supplement, section 353.651, subdivision 4, is
139.26amended to read:
139.27 Subd. 4. Early retirement. (a) A person who becomes a public employees police
139.28and fire retirement plan member after June 30, 2007, or a former member who is reinstated
139.29as a member of the plan after that date, who is at least 50 years of age and is at least
139.30partially vested under section353.01, subdivision 47 , upon the termination of public
139.31service employees police and fire retirement plan membership before July 1, 2014, if the
139.32person is other than a county sheriff or after January 4, 2015, if the person is a county
140.1sheriff is entitled upon application to a retirement annuity equal to the normal annuity
140.2calculated under subdivision 3, reduced by two-tenths of one percent for each month that
140.3the member is under age 55 at the time of retirement.
140.4 (b) Upon the termination of publicservice employees police and fire retirement
140.5plan membership before July 1, 2014,if the person is other than a county sheriff or
140.6upon the termination of public service before January 5, 2015, if the person is a county
140.7sheriff, any public employees police and fire retirement plan member who first became
140.8a member of the plan before July 1, 2007, and who is not specified in paragraph (a),
140.9upon attaining at least 50 years of age with at least three years of allowable service is
140.10entitled upon application to a retirement annuity equal to the normal annuity calculated
140.11under subdivision 3, reduced by one-tenth of one percent for each month that the member
140.12is under age 55 at the time of retirement.
140.13(c) A personother than a county sheriff who is a member of the public employees
140.14police and fire retirement plan on or after July 1, 2014,or a county sheriff who is a
140.15member of the public employees police and fire retirement plan on or after January 5,
140.162015, and who is at least 50 years old and is at least partially vested under section
353.01 ,
140.17subdivision 47, and whose benefit effective date is after July 1, 2014,if other than a
140.18county sheriff or after January 4, 2015, if a county sheriff and on or before July 1, 2019, is
140.19entitled upon application to a retirement annuity equal to the normal annuity calculated
140.20under subdivision 3, reduced for each month the member is under age 55 at the time of
140.21retirement by applying a blended monthly rate that is equivalent to the sum of:
140.22(1) one-sixtieth of the annual rate of five percent, prorated for each month the
140.23person's benefit effective date is after July 1, 2014, or after December 31, 2014, whichever
140.24applies; and
140.25(2) one-sixtieth of the annual rate provided under paragraph (a) or (b), whichever
140.26applies, for each month the person's benefit effective date is before July 1, 2019.
140.27(d) A personother than a county sheriff who is a member of the public employees
140.28police and fire retirement plan on or after July 1, 2014,or a county sheriff who is a member
140.29of the public employees police and fire retirement plan on or after January 5, 2015, and
140.30who is at least 50 years old and is at least partially vested under section353.01, subdivision
140.3147 , whose benefit effective date is after July 1, 2019, is entitled, upon application, to a
140.32retirement annuity equal to the normal annuity calculated under subdivision 3, reduced by
140.33five percent annually, prorated for each month that the member is under age 55.
140.34EFFECTIVE DATE.This section is effective the day following final enactment.
140.35 Sec. 15. Minnesota Statutes 2012, section 353D.05, subdivision 1, is amended to read:
141.1 Subdivision 1. Investment. As further specified under this section, employing unit
141.2contributions, after the deduction of an amount for administrative expenses, and individual
141.3participant contributions must beremitted to invested in the participant's account or
141.4accounts in investment products authorized by the association that are made available
141.5for this purpose by the State Board of Investmentfor investment in the Minnesota
141.6supplemental investment fund established by under section 11A.17 356.645.
141.7EFFECTIVE DATE.This section is effective July 1, 2014.
141.8 Sec. 16. Minnesota Statutes 2012, section 353D.05, is amended by adding a
141.9subdivision to read:
141.10 Subd. 1a. Participant selection of investments. (a) A plan participant may elect
141.11to allocate contributions, made by and on behalf of the participant, in one or more of the
141.12investment products authorized by the association to be made available under the plan,
141.13by specifying the percentage of the participant's contributions to be used to purchase
141.14shares in the authorized products.
141.15(b) If contributions are received before the participant has made an allocation
141.16election, or if the participant fails to specify an allocation, the executive director shall,
141.17on behalf of that participant, purchase shares in a default investment alternative. The
141.18investment option must be specified by the Public Employees Retirement Association board
141.19of trustees from the designated available investment options authorized under this section.
141.20(c) A participant may revise the investment allocation for subsequent purchase of
141.21shares, and a participant or former participant may also change the investment options
141.22selected for all or a portion of shares previously purchased.
141.23(d) Any investment allocation selection authorized under this subdivision, whether
141.24relating to subsequent purchases of new shares or reallocating the existing portfolio, must
141.25be conducted at times and under procedures prescribed by the executive director.
141.26EFFECTIVE DATE.This section is effective July 1, 2014.
141.27 Sec. 17. Minnesota Statutes 2012, section 354.44, subdivision 5, is amended to read:
141.28 Subd. 5. Resumption of teaching service after retirement. (a) Any person who
141.29retired under the provisions of this chapter and has thereafter resumed teaching in any
141.30employer unit to which this chapter applies is eligible to continue to receive payments
141.31in accordance with the annuity except that all or a portion of the annuity payments must
141.32be deferred during the calendar year immediately following the fiscal year in which the
141.33person's salary from the teaching service is in an amount greater than $46,000. The
142.1amount of the annuity deferral is one-half of the salary amount in excess of $46,000 and
142.2must be deducted from the annuity payable for the calendar year immediately following
142.3the fiscal year in which the excess amount was earned.
142.4 (b) If the person is retired for only a fractional part of the fiscal year during the initial
142.5year of retirement, the maximum reemployment salary exempt from triggering a deferral
142.6as specified in this subdivision must be prorated for that fiscal year.
142.7 (c) After a person has reached the Social Security normal retirement age, no deferral
142.8requirement is applicable regardless of the amount of salary.
142.9 (d) The amount of the retirement annuity deferral must be handled or disposed
142.10of as provided in section356.47 .
142.11 (e) For the purpose of this subdivision, salary from teaching service includes all
142.12salary or income earned as a teacher as defined in section 354.05, subdivision 2, paragraph
142.13(a), clause (1). Salary from teaching service also includes, but is not limited to:
142.14 (1) all income for services performed as a consultantor an, independent contractor
142.15for, or third-party supplier, or as a employee of a consultant, independent contractor, or
142.16third-party supplier, to an employer unit covered by the provisions of this chapter; and
142.17 (2) the greater of either the income received or an amount based on the rate paid with
142.18respect to an administrative position, consultant,or independent contractor, or third-party
142.19supplier, or as an employee of a consultant, independent contractor, or third-party supplier,
142.20 in an employer unit with approximately the same number of pupils and at the same level
142.21as the position occupied by the person who resumes teaching service.
142.22(f) Notwithstanding other paragraphs of this subdivision, if the reemployed annuitant
142.23has a former spouse receiving a portion of the annuity under section 518.58, subdivision 1,
142.24the portion payable to the former spouse must not be deferred.
142.25EFFECTIVE DATE.This section is effective July 1, 2014.
142.26 Sec. 18. Minnesota Statutes 2012, section 354.48, subdivision 6a, is amended to read:
142.27 Subd. 6a. Medical adviser; duties.The state commissioner of health or a
142.28licensed physician on the staff of the Department of Health who is designated by the
142.29commissioner is the medical adviser of The executive director may contract with an
142.30accredited independent organization specializing in disability determinations, licensed
142.31physicians, or physicians on the staff of the commissioner of health as designated by the
142.32commissioner, to be the medical advisor to the executive director. The medical adviser
142.33shall designate licensed physicians, licensed chiropractors, or licensed psychologists with
142.34respect to a mental impairment, who shall examine applicants for disability benefits. The
142.35medical adviser shall pass upon all expert reports based on any examinations performed
143.1in order to determine whether a teacher is totally and permanently disabled as defined in
143.2section354.05, subdivision 14 . The medical adviser shall also investigate all health and
143.3medical statements and certificates by or on behalf of a teacher in connection with a
143.4disability benefit, and shall report in writing to the director setting forth any conclusions
143.5and recommendations on all matters referred to the medical adviser.
143.6EFFECTIVE DATE.This section is effective July 1, 2014.
143.7 Sec. 19. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1c,
143.8is amended to read:
143.9 Subd. 1c. Annual postretirement adjustments; PERA-police and fire. (a)
143.10Retirement annuity, disability benefit, or survivor benefit recipients of the public
143.11employees police and fire retirement plan are entitled to a postretirement adjustment
143.12annually on January 1, until funding stability is restored, as follows:
143.13(1) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.14on or before June 1, 2014, who has been receiving the annuity or benefit for at least 12
143.15full months as of the immediate preceding June 30, an amount equal to one percent in
143.16each year; or
143.17(2) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.18on or before June 1, 2014, who has been receiving the annuity or benefit for at least one
143.19full month, but not less than 11 months, as of the immediate preceding June 30, an amount
143.20equal to 1/12 of one percent for each month of annuity or benefit receipt; and
143.21(3) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.22after June 1, 2014, unless section 27 applies, who will have been receiving an annuity
143.23or benefit for at least 36 full months as of the immediate preceding June 30, an amount
143.24equal to one percent; or
143.25(4) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.26after June 1, 2014, unless section 27 applies, who has been receiving the annuity or benefit
143.27for at least 25 full months, but less than 36 months as of the immediate preceding June 30,
143.28an amount equal to 1/12 of one percent for each full month of annuity or benefit receipt
143.29during the fiscal year in which the annuity or benefit was effective.
143.30(b) Retirement annuity, disability benefit, or survivor benefit recipients of the public
143.31employees police and fire retirement plan are entitled to a postretirement adjustment
143.32annually on each January 1 following the restoration of funding stability as defined under
143.33paragraph (c) and during the continuation of funding stability as defined under paragraph
143.34(c), as follows:
144.1(1) for each annuitant or benefit recipient who has been receiving the annuity or
144.2benefit for at least 36 full months as of the immediate preceding June 30, an amount
144.3equal to the percentage increase in the Consumer Price Index for urban wage earners and
144.4clerical workers all items index published by the Bureau of Labor Statistics of the United
144.5States Department of Labor between the immediate preceding June 30 and the June 30
144.6occurring 12 months previous, but not to exceed 2.5 percent; and
144.7(2) for each annuitant or benefit recipient who has been receiving the annuity
144.8or benefit for at least 25 full months, but less than 36 full months, as of the immediate
144.9preceding June 30, an amount equal to 1/12 of the percentage increase in the Consumer
144.10Price Index for urban wage earners and clerical workers all items index published by
144.11the Bureau of Labor Statistics of the United States Department of Labor between the
144.12immediate preceding June 30 and the June 30 occurring 12 months previous for each full
144.13month of annuity or benefit receipt during the fiscal year in which the annuity or benefit
144.14was effective, but not to exceed 1/12 of 2.5 percent for each full month of annuity or
144.15benefit receipt during the fiscal year in which the annuity or benefit was effective.
144.16(c) Funding stability is restored when the market value of assets of the public
144.17employees police and fire retirement plan equals or exceeds 90 percent of the actuarial
144.18accrued liabilities of the applicable plan in the two most recent consecutive actuarial
144.19valuations prepared under section356.215 and under the standards for actuarial work of
144.20the Legislative Commission on Pensions and Retirement by the approved actuary retained
144.21by the Public Employees Retirement Association under section356.214 .
144.22(d) After having met the definition of funding stability under paragraph (c), a full
144.23or prorated increase, as provided in paragraph (a), clause (1), (2), (3), or (4), whichever
144.24applies, rather than adjustments under paragraph (b), is again applied in a subsequent year
144.25or years if the market value of assets of the public employees police and fire retirement
144.26plan equals or is less than:
144.27(1) 85 percent of the actuarial accrued liabilities of the applicable plan for two
144.28consecutive actuarial valuations; or
144.29(2) 80 percent of the actuarial accrued liabilities of the applicable plan for the most
144.30recent actuarial valuation.
144.31(e) An increase in annuity or benefit payments under this section must be made
144.32automatically unless written notice is filed by the annuitant or benefit recipient with the
144.33executive director of the Public Employees Retirement Association requesting that the
144.34increase not be made.
144.35EFFECTIVE DATE.This section is effective the day following final enactment
144.36and the amendments to this section expire on February 2, 2015.
145.1 Sec. 20. Minnesota Statutes 2012, section 356.635, subdivision 6, is amended to read:
145.2 Subd. 6. Eligible retirement plan. (a) An "eligible retirement plan" is:
145.3(1) an individual retirement account under section 408(a) or 408A of the federal
145.4Internal Revenue Code;
145.5(2) an individual retirement annuity plan under section 408(b) of the federal Internal
145.6Revenue Code;
145.7(3) an annuity plan under section 403(a) of the federal Internal Revenue Code;
145.8(4) a qualified trust plan under section 401(a) of the federal Internal Revenue Code
145.9that accepts the distributee's eligible rollover distribution;
145.10(5) an annuity contract under section 403(b) of the federal Internal Revenue Code;
145.11(6) an eligible deferred compensation plan under section 457(b) of the federal
145.12Internal Revenue Code, which is maintained by a state or local government and which
145.13agrees to separately account for the amounts transferred into the plan; or
145.14(7) in the case of an eligible rollover distribution to a nonspousal beneficiary, an
145.15individual account or annuity treated as an inherited individual retirement account under
145.16section 402(c)(11) of the federal Internal Revenue Code.
145.17(b) For distributions of after-tax contributions which are not includable in gross
145.18income, the after-tax portion may be transferred only to an individual retirement account
145.19or annuity described in section 408(a) or (b) of the federal Internal Revenue Code, to a
145.20Roth individual retirement account described in section 408A of the federal Internal
145.21Revenue Code, or to a qualified plan described in either section 401(a) of the federal
145.22Internal Revenue Code or403(a) to an annuity contract described in section 403(b) of
145.23the federal Internal Revenue Code, that agrees to separately account for the amounts
145.24transferred, including separately accounting for the portion of the distribution which is
145.25includable in gross income and the portion of the distribution which is not includable.
145.26EFFECTIVE DATE.This section is effective the day following final enactment.
145.27 Sec. 21. [356.645] INVESTMENT OF VARIOUS DEFINED CONTRIBUTION
145.28PLAN ASSETS.
145.29The State Board of Investment shall determine the investments to be made available
145.30to plan participants in plans defined in sections 352.965 and 352.98 and chapters 352D
145.31and 353D. Investments made available to plan participants must include at least one
145.32or more of the following:
145.33(1) shares in the Minnesota supplemental investment fund established in section
145.3411A.17;
145.35(2) saving accounts in federally insured financial institutions;
146.1(3) life insurance contracts, fixed annuity contracts, and variable annuity contracts
146.2from companies that are subject to regulation by the commissioner of commerce;
146.3(4) investment options from open-end investment companies registered under the
146.4federal Investment Company Act of 1940, United States Code, title 15, sections 80a-1
146.5to 80a-64;
146.6(5) investment options from a firm that is a registered investment adviser under
146.7the Investment Advisers Act of 1940, United States Code, title 15, sections 80b-1 to
146.880b-21; and
146.9(6) investment options of a bank as defined in United States Code, title 15, section
146.1080b-2, subsection (a), paragraph (2), or a bank holding company as defined in the Bank
146.11Holding Company Act of 1956, United States Code, title 12, section 1841, subsection
146.12(a), paragraph (1).
146.13EFFECTIVE DATE.This section is effective July 1, 2014.
146.14 Sec. 22. [356.646] PLAN PARTICIPANT INVESTMENT RESPONSIBILITY.
146.15 Subdivision 1. Member investment responsibility. The state, State Board of
146.16Investment and its executive director and staff, plan administrators and their staff, and
146.17participating public employers are not liable and are not responsible for any investment
146.18losses due to choices made by participants or due to qualified default investment
146.19alternatives.
146.20 Subd. 2. Application. This section applies to the:
146.21 (1) Minnesota state deferred compensation plan, established under section 352.965;
146.22 (2) health care savings plan, established under section 352.98;
146.23 (3) unclassified employees retirement program, established under chapter 352D;
146.24 (4) public employees defined contribution plan, established under chapter 353D;
146.25 (5) individual retirement account plan, established under chapter 354B;
146.26 (6) higher education supplemental retirement plan, established under chapter 354C;
146.27and
146.28 (7) Arts Board and Humanities Commission individual retirement account plan,
146.29established under chapter 354D.
146.30EFFECTIVE DATE.This section is effective July 1, 2014.
146.31 Sec. 23. Minnesota Statutes 2013 Supplement, section 356.91, is amended to read:
146.32356.91 VOLUNTARY MEMBERSHIP DUES DEDUCTION.
147.1 (a) Upon written authorization of a person receiving an annuity from a public pension
147.2fund administered by the Minnesota State Retirement System or, the Public Employees
147.3Retirement Association, or the Teachers Retirement Association, the executive director of
147.4the public pension fund shall deduct from the retirement annuity an amount requested by
147.5the annuitant to be paid as membership dues or other payments to any labor organization
147.6that is an exclusive bargaining agent representing public employees or an organization
147.7representing retired public employees of which the annuitant is a member and shall, on a
147.8monthly basis, pay the amount to the organization so designated by the annuitant.
147.9 (b) A pension fund and the plan fiduciaries which authorize or administer deductions
147.10of dues payments under paragraph (a) are not liable for failure to properly deduct or transmit
147.11the dues amounts, provided that the fund and the fiduciaries have acted in good faith.
147.12 (c) Any labor organization that is an exclusive bargaining agent representing public
147.13employees or an organization representing retired public employees may conduct blind
147.14mailings to the annuitants of a retirement system specified in paragraph (a) by requesting
147.15that the retirement system mail voluntary membership information and dues deduction
147.16cards to annuitants. Such mailings shall not be for the purpose of supporting or opposing
147.17any candidate, political party, or ballot measure. The organization requesting the blind
147.18mailing shall pay all costs associated with these mailings, including but not limited to
147.19copying, labeling, mailing, postage, and record keeping. In lieu of administering a blind
147.20mailing in-house, a retirement system may transmit annuitant data necessary for conducting
147.21a blind mailing to a mail center pursuant to a secure data share agreement with the mail
147.22center which provides that neither the organization nor any other entity shall have direct
147.23access to the data transmitted by the retirement system. The retirement system shall have
147.24no obligation to approve or disapprove, or otherwise be responsible for, the content of the
147.25mailings. No organization shall conduct more than two blind mailings per calendar year.
147.26EFFECTIVE DATE.This section is effective July 2, 2015.
147.27 Sec. 24. Minnesota Statutes 2013 Supplement, section 363A.36, subdivision 1, is
147.28amended to read:
147.29 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
147.30excess of $100,000, no department or agency of the state shall accept any bid or proposal
147.31for a contract or agreement from any business having more than 40 full-time employees
147.32within this state on a single working day during the previous 12 months, unless the
147.33commissioner is in receipt of the business' affirmative action plan for the employment of
147.34minority persons, women, and qualified disabled individuals. No department or agency of
147.35the state shall execute any such contract or agreement until the affirmative action plan
148.1has been approved by the commissioner. Receipt of a certificate of compliance issued by
148.2the commissioner shall signify that a firm or business has an affirmative action plan that
148.3has been approved by the commissioner. A certificate shall be valid for a period of four
148.4years. A municipality as defined in section466.01, subdivision 1 , that receives state
148.5money for any reason is encouraged to prepare and implement an affirmative action plan
148.6for the employment of minority persons, women, and the qualified disabled and submit the
148.7plan to the commissioner.
148.8 (b) This paragraph applies to a contract for goods or services in excess of $100,000
148.9to be entered into between a department or agency of the state and a business that is
148.10not subject to paragraph (a), but that has more than 40 full-time employees on a single
148.11working day during the previous 12 months in the state where the business has its primary
148.12place of business. A department or agency of the state may not execute a contract or
148.13agreement with a business covered by this paragraph unless the business has a certificate
148.14of compliance issued by the commissioner under paragraph (a) or the business certifies
148.15that it is in compliance with federal affirmative action requirements.
148.16 (c) This section does not apply to contracts entered into by the State Board of
148.17Investment for investment options under section352.965, subdivision 4 356.645.
148.18(d) The commissioner shall issue a certificate of compliance or notice of denial
148.19within 15 days of the application submitted by the business or firm.
148.20EFFECTIVE DATE.This section is effective July 1, 2014.
148.21 Sec. 25. Laws 2009, chapter 169, article 5, section 2, the effective date, as amended by
148.22Laws 2010, chapter 359, article 5, section 27, is amended to read:
148.23EFFECTIVE DATE.This section is effective the day following final enactment
148.24and expires on June 30, 2014. Individuals must not be appointed to a postretirement
148.25option position after that date.
148.26EFFECTIVE DATE.This section is effective the day following final enactment.
148.27 Sec. 26. COUNTY SHERIFF TEMPORARY EARLY RETIREMENT
148.28PROVISION.
148.29 Subdivision 1. Application. (a) This section applies to a county sheriff who:
148.30(1) terminates membership in the public employees police and fire retirement plan
148.31after June 30, 2014, and by the final day in office in January 2015 as reported by the county;
148.32(2) is at least age 50 but less than age 55 on the date of termination;
149.1(3) is at least partially vested under Minnesota Statutes, section 353.01, subdivision
149.247, and meets all applicable requirements for receipt of an early retirement annuity from
149.3the plan; and
149.4(4) has as the benefit effective date the day following termination of public
149.5employees police and fire retirement plan membership.
149.6(b) Notwithstanding any provision of Minnesota Statutes, section 353.651,
149.7subdivision 4, to the contrary, the early retirement annuity applicable to an eligible person
149.8under paragraph (a) is the applicable benefit specified in subdivision 2.
149.9 Subd. 2. Early retirement annuity. (a) If an eligible person became a public
149.10employees police and fire retirement plan member after June 30, 2007, or was a former
149.11member who was reinstated as a member after that date, the person is entitled, upon
149.12application, to the normal annuity calculated under Minnesota Statutes, section 353.651,
149.13subdivision 3, reduced by two-tenths of one percent for each month that the member
149.14is under age 55 at the time of retirement.
149.15(b) If an eligible person became a public employees police and fire retirement plan
149.16member before July 1, 2007, and is covered under paragraph (a), the person is entitled,
149.17upon application, to the normal annuity calculated under Minnesota Statutes, section
149.18353.651, subdivision 3, reduced by one-tenth of one percent for each month that the
149.19member is under age 55 at the time of retirement.
149.20(c) If an eligible person is not fully vested, the annuity computed under this section
149.21must be reduced accordingly.
149.22 Subd. 3. Expiration. This section expires January 1, 2016.
149.23EFFECTIVE DATE.This section is effective the day following final enactment.
149.24 Sec. 27. COUNTY SHERIFF TEMPORARY PROVISION; APPLICATION OF
149.25POSTRETIREMENT ADJUSTMENT WAITING PERIOD.
149.26 Subdivision 1. Application. Notwithstanding any provision of Minnesota Statutes,
149.27section 356.415, subdivision 1c, paragraph (a), to the contrary, this section applies to a
149.28county sheriff who:
149.29(1) terminates membership in the public employees police and fire retirement plan
149.30after June 30, 2014, and by the final day in office in January 2015 as reported by the county;
149.31(2) is at least age 50 on the date of membership termination;
149.32(3) is at least partially vested under Minnesota Statutes, section 353.01, subdivision
149.3347, and meets all applicable requirements for receipt of a retirement annuity from the
149.34public employees police and fire retirement plan; and
150.1(4) has as the effective date for the commencement of the retirement annuity the day
150.2following the date on which termination of public employees police and fire retirement
150.3plan membership occurs.
150.4 Subd. 2. Waiting period for initial postretirement adjustment eligibility. A
150.5person to whom subdivision 1 applies is eligible to receive the initial postretirement
150.6adjustment under Minnesota Statutes, section 356.415, subdivision 1c, paragraph (a),
150.7clause (1) or (2), whichever applies, rather than under Minnesota Statutes, section
150.8356.415, subdivision 1c, paragraph (a), clause (3) or (4).
150.9 Subd. 3. Expiration. This section expires February 2, 2015.
150.10EFFECTIVE DATE.This section is effective the day following final enactment.
150.11 Sec. 28. REPEALER.
150.12Minnesota Statutes 2012, sections 11A.17, subdivision 4; 352.965, subdivision 5;
150.13352D.04, subdivision 1; and 353D.05, subdivision 2, are repealed.
150.14EFFECTIVE DATE.This section is effective July 1, 2014.
150.17 Section 1. PERA-POLICE AND FIRE; DISABILITY BENEFIT APPLICATION
150.18DEADLINE EXTENSION FOR CERTAIN WADENA COUNTY SHERIFF'S
150.19DEPUTIES.
150.20(a) Notwithstanding any provision of Minnesota Statutes, section 353.031 or
150.21353.656, to the contrary, an eligible person described in paragraph (b) is authorized to
150.22file an application for a disability benefit from the public employees police and fire
150.23retirement plan retroactively from the date of a shooting event in which the person was
150.24involved on March 11, 2006.
150.25(b) An eligible person is a person who:
150.26(1) was born on August 11, 1971;
150.27(2) was initially employed as a deputy sheriff by Wadena County on March 9, 2006;
150.28(3) was, by virtue of law enforcement employment, a member of the public
150.29employees police and fire retirement plan;
150.30(4) was involved in the nonfatal shooting incident of a gun-wielding suspect near
150.31Sebelia, Minnesota, on March 11, 2006, without being physically injured;
150.32(5) resigned from the Wadena County sheriff's department in October 2010 after
150.33being treated for mental health issues for the prior six months; and
151.1(6) failed to apply for a mental health-related disability benefit by the November 11,
151.22007, deadline for applying for a disability benefit from the public employees police and
151.3fire retirement plan based on the March 11, 2006, shooting incident.
151.4(c) If the eligible person files a disability benefit application under paragraph (a)
151.5on or before the expiration date specified in paragraph (d), and if the eligible person is
151.6determined by the Public Employees Retirement Association as being disabled while in
151.7the line of duty as a result of the March 11, 2006, shooting incident, the eligible person
151.8is entitled to receive a duty disability benefit from the public employees police and fire
151.9retirement plan under Minnesota Statutes, section 353.656, subdivision 1 or 1a, including
151.10retroactive benefit payments from April 1, 2006.
151.11(d) The authority for the eligible person to file a disability benefit application under
151.12paragraph (a) expires on July 1, 2015.
151.13EFFECTIVE DATE.This section is effective the day following final enactment.
151.14 Sec. 2. PERMITTING THE PURCHASE OF SALARY CREDIT BY CERTAIN
151.15CURRENT AND FORMER CITY OF DULUTH OR DULUTH AIRPORT
151.16AUTHORITY EMPLOYEES COVERED BY THE GENERAL EMPLOYEES
151.17RETIREMENT PLAN OR THE PUBLIC EMPLOYEES POLICE AND FIRE
151.18RETIREMENT PLAN.
151.19 Subdivision 1. Authorization. Due to a Court of Appeals determination that certain
151.20salary-supplement payments, provided to certain city of Duluth and Duluth Airport
151.21Authority employees and deposited in the employee's deferred compensation account,
151.22should have been considered salary for pension purposes, an eligible person is authorized
151.23to receive the treatment specified in this section if the eligible person chooses to make the
151.24employee contribution equivalent payment specified in this section.
151.25 Subd. 2. Eligible person. (a) An eligible person:
151.26(1) is a current or former employee of the city of Duluth or the Duluth Airport
151.27Authority, employed by that governmental subdivision between August 1, 2007, and
151.28December 31, 2011;
151.29(2) was a participating member of the general employees retirement plan of the
151.30Public Employees Retirement Association or the public employees police and fire
151.31retirement plan for that employment; and
151.32(3) had employer-paid amounts made to the person's deferred compensation account
151.33for which contributions were not made to the applicable Public Employees Retirement
151.34Association plan fund between August 1, 2007, and December 31, 2011, or the date of
151.35the employee's termination of public service under Minnesota Statutes, section 353.01,
152.1subdivision 11a, whichever is earlier, due to an erroneous application of law under which
152.2the Public Employees Retirement Association executive director and board concluded
152.3that these employer-paid amounts were not salary for pension purposes under Minnesota
152.4Statutes, section 353.01, subdivision 10.
152.5(b) A surviving spouse, as defined in this paragraph, is an eligible person for
152.6purposes of this section. A surviving spouse means:
152.7(1) the surviving spouse of an eligible person as defined in paragraph (a) who, at
152.8the time of the eligible person's death, was a deferred annuitant of a Public Employees
152.9Retirement Association plan specified in this section;
152.10(2) the surviving spouse of an eligible person as defined in paragraph (a) receiving
152.11benefits under a joint and survivor annuity from a Public Employees Retirement
152.12Association plan specified in this section; or
152.13(3) the surviving spouse of an eligible person as defined in paragraph (a) receiving a
152.14survivor benefit under Minnesota Statutes, section 353.657.
152.15 Subd. 3. Employee contributions. An eligible person may make payment of an
152.16employee contribution equivalent amount to the fund of the general employees retirement
152.17plan of the Public Employees Retirement Association or the public employees police
152.18and fire retirement plan, whichever provided the coverage. The employee contribution
152.19equivalent amount is the amount of employee contributions that would have been made
152.20by the employee based on the employer-paid amounts made to the person's deferred
152.21compensation account for the period specified in subdivision 2, and the employee
152.22contribution rates to the applicable Public Employees Retirement Association plan during
152.23that period. If an employee contribution equivalent amount is paid, it must be made in
152.24full and in a lump sum.
152.25 Subd. 4. Employer contributions. (a) If an eligible person makes the employee
152.26equivalent contribution under subdivision 3, the city of Duluth or the Duluth Airport
152.27Authority, whichever is the applicable employing unit, may make the corresponding
152.28employer contributions, plus any employer supplemental and employer additional
152.29contributions required by law during the applicable time period.
152.30(b) Any contributions specified under this subdivision must be based on the
152.31employer-paid amounts referred to in subdivision 2, and the contribution rates applicable
152.32during the time period for regular employer contributions, and any employer supplemental
152.33and employer additional contributions, if applicable.
152.34(c) Within 30 days of receipt by the executive director of the Public Employees
152.35Retirement Association of employee equivalent contributions under subdivision 3,
152.36the executive director shall notify the city of Duluth or the Duluth Airport Authority,
153.1whichever is the applicable employer, of amounts due under this subdivision. If the
153.2employer chooses to make the payment specified in this subdivision, payment shall be
153.3remitted by the applicable employer to the executive director for deposit in the applicable
153.4fund within 30 days of notification. If payment is not made in full within that time period,
153.5the executive director shall collect the necessary amounts by applying Minnesota Statutes,
153.6section 353.28, subdivision 6.
153.7 Subd. 5. Benefit adjustments. Upon receipt of the applicable employee equivalent
153.8contribution under subdivision 3 from an eligible person, the executive director shall
153.9revise the records of the Public Employees Retirement Association and grant the person
153.10the additional salary credit. If a retirement, disability, or survivor annuity has commenced,
153.11the executive director must adjust the benefit being paid to include in the calculation the
153.12additional salary on which contributions were paid, and the adjusted benefit must be paid
153.13retroactive from the effective date of the initial benefit payment under the annuity.
153.14 Subd. 6. Restrictions. This section does not apply if service credit and other rights
153.15under the plan were forfeited by taking a refund.
153.16 Subd. 7. Treatment of interest. Notwithstanding any provision in Minnesota
153.17Statutes, chapter 353, to the contrary, all payments specified in this section made by an
153.18eligible person to the executive director for deposit in the applicable Public Employees
153.19Retirement Association fund are to be made without interest. Any payments required from
153.20the employer under this section are also without interest, provided the employer makes
153.21the payment to the executive director within 30 days of notification. Interest shall be
153.22charged, as specified in Minnesota Statutes, section 353.28, on any employer obligations
153.23not paid within the 30-day period.
153.24 Subd. 8. Notification; counseling. The executive director shall notify all active
153.25members, deferred members, retirees, and survivors to whom this section may apply and
153.26shall provide counseling regarding the implications of this section, including payment
153.27requirements and likely adjustments in current or future benefit amounts if employee
153.28equivalent contributions as specified in this section are made.
153.29 Subd. 9. Expiration of salary credit purchase authority. Payment of employee
153.30contribution equivalent amounts, as authorized under this section, is prohibited after
153.31October 31, 2014.
153.32 Subd. 10. Ratification. Actions taken before the effective date of this section by
153.33the executive director and board of the Public Employees Retirement Association, the
153.34city of Duluth, the Duluth Airport Authority, and eligible persons which are otherwise
153.35consistent with this section are ratified.
153.36EFFECTIVE DATE.This section is effective the day following final enactment.
154.1 Sec. 3. PERA-P&F; MILLE LACS BAND PRIOR SERVICE CREDIT
154.2PURCHASE AUTHORIZED.
154.3(a) An eligible person described in paragraph (b) is entitled to purchase allowable
154.4service credit in the public employees police and fire retirement plan for the period
154.5specified in paragraph (c) by remitting the payment calculated under paragraph (d).
154.6(b) An eligible person is a person who:
154.7(1) was born on June 28, 1966;
154.8(2) was initially employed as a full-time police officer by the Mille Lacs tribal
154.9police department on October 29, 1998;
154.10(3) was initially employed as a part-time police officer by the city of Onamia on
154.11July 28, 2002;
154.12(4) was initially employed as a part-time police officer by the city of Pierz on March
154.1314, 2013; and
154.14(5) is an active member of the public employees police and fire retirement plan.
154.15(c) The period of Mille Lacs tribal police department employment available for
154.16purchase is the two-year period of Mille Lacs tribal police department employment
154.17immediately preceding initial active membership in the public employees police and fire
154.18retirement plan in that capacity.
154.19(d) The full actuarial value prior service credit purchase payment amount must be
154.20calculated under Minnesota Statutes, section 356.551.
154.21(e) The eligible person must provide the executive director of the Public Employees
154.22Retirement Association with any relevant requested information pertaining to the service
154.23credit purchase.
154.24(f) Authority to make a service credit purchase under this section expires on June 30,
154.252015, or upon the eligible person's termination from public employment as defined under
154.26Minnesota Statutes, section 353.01, subdivision 11a, whichever occurs earlier.
154.27EFFECTIVE DATE.This section is effective the day following final enactment.
154.28 Sec. 4. TEACHERS RETIREMENT ASSOCIATION; PROSPECTIVE
154.29TEACHERS RETIREMENT ASSOCIATION COVERAGE; PURCHASE OF
154.30PAST SERVICE CREDIT.
154.31 (a) An eligible person described in paragraph (b) is authorized to become a
154.32coordinated member of the Teachers Retirement Association and to purchase service
154.33and salary credit in the Teachers Retirement Association coordinated plan retroactively
154.34from January 1, 1995, upon making an election under paragraph (c) and upon making all
154.35required payments under paragraphs (d) and (e).
155.1 (b) An eligible person is a person who:
155.2 (1) was born on October 29, 1957;
155.3 (2) has been employed at Mesabi Range Community and Technical College as
155.4an instructor since 1993;
155.5 (3) in 1994 was classified in the unlimited part-time category;
155.6 (4) became eligible for and was covered by the higher education individual
155.7retirement account plan in January 1994; and
155.8 (5) was not offered an election of Teachers Retirement Association coverage, as
155.9required under Laws 1994, chapter 508, article 1, section 10.
155.10 (c) To be eligible for coverage by the Teachers Retirement Association, an eligible
155.11person must submit a written application to the executive director of the Teachers
155.12Retirement Association on a form provided by the Teachers Retirement Association. The
155.13application must include all documentation of the applicability of this section and any
155.14other relevant information that the executive director may require. Teachers Retirement
155.15Association plan membership commences as of September 1, 2014, for an applicable
155.16eligible person, and past salary and service credit is granted from January 1, 1995,
155.17as specified in this section, following receipt by the executive director of the written
155.18application specified in this paragraph and receipt of the payments specified in paragraphs
155.19(d) and (e). The authority granted by this section is voided if the applicable eligible
155.20individual terminates from Minnesota State Colleges and Universities system employment
155.21prior to receipt by the executive director of the Teachers Retirement Association of the
155.22application specified in this paragraph and amounts specified in paragraphs (d) and (e).
155.23Coverage by the Teachers Retirement Association is in lieu of coverage by the individual
155.24retirement account plan.
155.25 (d) If an eligible person makes an election under paragraph (c), the eligible person
155.26shall make, before September 1, 2014, a contribution equal to the excess, if any, of the
155.27employee contributions that the individual would have made if the Teachers Retirement
155.28Association had provided coverage from January 1, 1995, rather than the individual
155.29retirement account plan. These additional contribution amounts shall include 8.5 percent
155.30annual compound interest computed from the date the contribution would have been made
155.31if deducted from salary until paid. The total amount to be paid under this paragraph shall
155.32be determined by the executive director of the Teachers Retirement Association and
155.33written notification of the amount required under this paragraph should be transmitted
155.34to the eligible individual.
155.35 (e) If payment is made under paragraph (d), the value of the applicable eligible
155.36person's higher education individual retirement account plan account shall be determined
156.1as of September 1, 2014, and that account value shall be transferred to the Teachers
156.2Retirement Association on or before September 15, 2014.
156.3 (f) The Teachers Retirement Association shall determine the full actuarial value
156.4imposed upon the Teachers Retirement Association under this section due to the salary
156.5and service credit purchase.
156.6 (g) From the total amount computed under paragraph (f), the executive director of the
156.7Teachers Retirement Association shall subtract the amounts received under paragraphs (d)
156.8and (e). The Minnesota State Colleges and Universities system is authorized to transmit the
156.9remaining amount, if any, to the executive director of the Teachers Retirement Association.
156.10 (h) Any payment amount specified from the Minnesota State Colleges and
156.11Universities system under paragraph (g) shall be transmitted to the Teachers Retirement
156.12Association within one month following receipt of amounts transmitted under paragraphs
156.13(d) and (e), and following notification from the executive director of the Teachers
156.14Retirement Association. If a payment from the Minnesota State Colleges and Universities
156.15system specified under paragraph (g) is not made, the executive director of the Teachers
156.16Retirement Association must notify the commissioner of Minnesota Management and
156.17Budget of this fact and that commissioner must order that amounts specified under
156.18paragraph (g) shall be deducted from appropriations or state aid to the Minnesota
156.19State Colleges and Universities system and be transmitted to the Teachers Retirement
156.20Association.
156.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.3allowing MSRS-General deferred members to vote in board elections;
1.4continuing Stevens County Housing and Redevelopment Authority employees
1.5in PERA-General; excluding fixed-route bus drivers employed by the St.
1.6Cloud Metropolitan Transit Commission from PERA-General coverage;
1.7increasing member and employer contribution rates for certain retirement
1.8plans; providing for the consolidation of the Duluth Teachers Retirement Fund
1.9Association retirement plan and fund into the statewide Teachers Retirement
1.10Association; revising an amortization target date, creating new state aid
1.11programs; appropriating money; extending a MnSCU early retirement incentive
1.12program; increasing the limit for certain reemployed MnSCU retirees; extending
1.13the applicability of a second chance at tenure retirement coverage election
1.14opportunity for MnSCU faculty members; revising investment authority for
1.15various defined contribution plans or programs; authorizing the State Board of
1.16Investment to revise, remove, or create investment options for the Minnesota
1.17supplemental investment fund; expanding permissible investments under the
1.18unclassified state employees retirement program, the public employees defined
1.19contribution plan, the deferred compensation program, and the health care savings
1.20plan; revising salary reporting requirements; clarifying retirement provision
1.21applications to sheriffs; revising local government postretirement option program
1.22requirements and extending expiration date; clarifying future postretirement
1.23adjustment rates for former members of the former Minneapolis Firefighters
1.24Relief Association and the former Minneapolis Police Relief Association; making
1.25technical changes to amortization state aid and supplemental state aid; clarifying
1.26the eligibility of independent nonprofit firefighting corporations to receive police
1.27and fire supplemental retirement state aid; implementing the recommendations
1.28of the 2013-2014 state auditor volunteer fire working group; modifying the
1.29disability benefit application deadline for certain former Wadena County sheriff's
1.30deputies; authorizing city of Duluth and Duluth Airports Authority employee
1.31salary-supplement payments coverage following Court of Appeals decision;
1.32specifying interest rate for computing joint and survivor annuities; revising
1.33postretirement adjustment triggers; revising reemployed annuitant withholding in
1.34certain divorce situations; clarifying medical advisor and resumption of teaching
1.35provisions; specifying explicit postretirement adjustment assumptions; allowing
1.36volunteer firefighter relief associations to pay state fire chiefs association dues
1.37from the special fund; authorizing MnSCU employee to elect TRA coverage and
1.38transfer past service from IRAP to TRA; clarifying the applicability of 2013
1.39postretirement adjustment modifications to certain county sheriffs; ratifying or
2.1grandparenting MSRS-Correctional plan coverage for Department of Human
2.2Services employees; allowing various service credit purchases; requiring a
2.3PERA report on certain survivor benefit amounts;amending Minnesota Statutes
2.42012, sections 3A.01, subdivision 1a; 11A.17, subdivisions 1, 9; 13.632,
2.5subdivision 1; 122A.18, subdivision 7a; 136F.481; 352.01, subdivisions 2b,
2.612; 352.03, subdivision 1, by adding a subdivision; 352.04, subdivisions 2,
2.73; 352.115, subdivisions 8, 10; 352.1155, subdivisions 1, 4; 352.90; 352.91,
2.8subdivisions 1, 2, 3c, 3d, 3e, 3f, by adding a subdivision; 352.92, subdivisions
2.91, 2; 352.965, subdivision 4, by adding subdivisions; 352.98, subdivision 2;
2.10352B.08, subdivision 3; 352D.04, by adding subdivisions; 353.01, subdivision
2.1114; 353.27, subdivisions 2, 3, 3b, 4, by adding a subdivision; 353.30, subdivision
2.123; 353.37, by adding a subdivision; 353.371, by adding a subdivision; 353.6511,
2.13subdivision 7; 353.6512, subdivision 7; 353D.05, subdivision 1, by adding a
2.14subdivision; 354.05, subdivisions 2, 7, 13; 354.42, subdivisions 2, 3; 354.44,
2.15subdivision 5; 354.445; 354.48, subdivision 6a; 354A.011, subdivisions 11, 15a,
2.1627; 354A.021, subdivision 1; 354A.092; 354A.093, subdivision 1; 354A.096;
2.17354A.12, subdivision 2; 354A.29, subdivision 8; 354A.31, subdivisions 1,
2.183a; 354A.32, subdivision 1; 354A.35, subdivision 1; 354A.37, subdivisions
2.193, 4; 354A.39; 354A.41; 354B.21, subdivisions 2, 3a; 355.01, subdivision
2.202c; 356.215, subdivision 11; 356.24, subdivision 1; 356.302, subdivision
2.217; 356.303, subdivision 4; 356.32, subdivision 2; 356.415, subdivision 1d;
2.22356.42, subdivision 3; 356.465, subdivision 3; 356.47, subdivision 3; 356.635,
2.23subdivision 6; 356.99, subdivision 1; 356A.06, subdivisions 7, 7a; 424A.015,
2.24by adding a subdivision; 424A.016, subdivisions 4, 7; 424A.05, subdivision
2.253; 424A.08; 424B.12; 490.121, subdivision 2a; Minnesota Statutes 2013
2.26Supplement, sections 69.051, subdivisions 1a, 3; 352.01, subdivision 2a; 352.03,
2.27subdivision 4; 353.01, subdivisions 2a, 2b; 353.651, subdivision 4; 354.436;
2.28354.44, subdivision 6; 354A.12, subdivisions 1, 2a, 3a, 3c; 354A.27, subdivision
2.296a; 356.20, subdivision 2; 356.214, subdivision 1; 356.215, subdivision 8;
2.30356.219, subdivision 8; 356.30, subdivision 3; 356.401, subdivision 3; 356.415,
2.31subdivisions 1a, 1c, 1e, 1f; 356.91; 363A.36, subdivision 1; 423A.02, subdivision
2.323; 423A.022, subdivisions 2, 3; 424A.016, subdivision 6; 424A.02, subdivisions
2.333, 7; 424A.092, subdivision 6; 424A.093, subdivisions 2, 6; 424A.094,
2.34subdivision 2; 424A.10, subdivision 2; Laws 2009, chapter 169, article 5,
2.35section 2, as amended; article 6, section 1; proposing coding for new law in
2.36Minnesota Statutes, chapters 354; 354A; 356; repealing Minnesota Statutes 2012,
2.37sections 11A.17, subdivision 4; 352.965, subdivision 5; 352D.04, subdivision 1;
2.38353D.05, subdivision 2; 354A.021, subdivision 5; 354A.108; 354A.24; 354A.27,
2.39subdivision 5; 356.415, subdivision 3; Minnesota Statutes 2013 Supplement,
2.40sections 354A.27, subdivisions 6a, 7; 354A.31, subdivision 4a.
2.41BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.44 Section 1. Minnesota Statutes 2013 Supplement, section 352.01, subdivision 2a,
2.45is amended to read:
2.46 Subd. 2a. Included employees. (a) "State employee" includes:
2.47 (1) employees of the Minnesota Historical Society;
2.48 (2) employees of the State Horticultural Society;
2.49 (3) employees of the Minnesota Crop Improvement Association;
3.1 (4) employees of the adjutant general whose salaries are paid from federal funds and
3.2who are not covered by any federal civilian employees retirement system;
3.3 (5) employees of the Minnesota State Colleges and Universities who are employed
3.4under the university or college activities program;
3.5 (6) currently contributing employees covered by the system who are temporarily
3.6employed by the legislature during a legislative session or any currently contributing
3.7employee employed for any special service as defined in subdivision 2b, clause (8);
3.8 (7) employees of the legislature who are appointed without a limit on the duration
3.9of their employment and persons employed or designated by the legislature or by a
3.10legislative committee or commission or other competent authority to conduct a special
3.11inquiry, investigation, examination, or installation;
3.12 (8) trainees who are employed on a full-time established training program
3.13performing the duties of the classified position for which they will be eligible to receive
3.14immediate appointment at the completion of the training period;
3.15 (9) employees of the Minnesota Safety Council;
3.16 (10) any employees who are on authorized leave of absence from the Transit
3.17Operating Division of the former Metropolitan Transit Commission and who are employed
3.18by the labor organization which is the exclusive bargaining agent representing employees
3.19of the Transit Operating Division;
3.20 (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
3.21Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
3.22Control Commission unless excluded under subdivision 2b or are covered by another
3.23public pension fund or plan under section
3.24 (12) judges of the Tax Court;
3.25 (13) personnel who were employed on June 30, 1992, by the University of
3.26Minnesota in the management, operation, or maintenance of its heating plant facilities,
3.27whose employment transfers to an employer assuming operation of the heating plant
3.28facilities, so long as the person is employed at the University of Minnesota heating plant
3.29by that employer or by its successor organization;
3.30 (14) personnel who are employed as seasonal employees in the classified or
3.31unclassified service;
3.32 (15) persons who are employed by the Department of Commerce as a peace officer
3.33in the Commerce Fraud Bureau under section
3.34retirement age specified in section
3.35 (16) employees of the University of Minnesota unless excluded under subdivision
3.362b, clause (3);
4.1 (17) employees of the Middle Management Association whose employment began
4.2after July 1, 2007, and to whom section
4.3 (18) employees of the Minnesota Government Engineers Council to whom section
4.5(19) employees of the Minnesota Sports Facilities Authority;
4.6(20) employees of the Minnesota Association of Professional Employees
4.7(21) employees of the Minnesota State Retirement System;
4.8(22) employees of the State Agricultural Society;
4.9(23) employees of the Gillette Children's Hospital Board who were employed in the
4.10state unclassified service at the former Gillette Children's Hospital on March 28, 1974; and
4.11(24) if approved for coverage by the Board of Directors of Conservation Corps
4.12Minnesota, employees of Conservation Corps Minnesota so employed on June 30, 2003.
4.13 (b) Employees specified in paragraph (a), clause (13), are included employees under
4.14paragraph (a) if employer and employee contributions are made in a timely manner in the
4.15amounts required by section
4.16salary. Employer contributions are the sole obligation of the employer assuming operation
4.17of the University of Minnesota heating plant facilities or any successor organizations to
4.18that employer.
4.19EFFECTIVE DATE.This section is effective July 1, 2014.
4.20 Sec. 2. Minnesota Statutes 2012, section 352.01, subdivision 2b, is amended to read:
4.21 Subd. 2b. Excluded employees. "State employee" does not include:
4.22 (1) persons who are:
4.23 (i) students
4.24Minnesota State Colleges and Universities system, unless approved for coverage by
4.25the Board of Regents of the University of Minnesota or the Board of Trustees of the
4.26Minnesota State Colleges and Universities, whichever
4.27(ii) employed as interns for a period not to exceed six months unless included under
4.28subdivision 2a, paragraph (a), clause (8);
4.29(iii) employed as trainee employees unless included under subdivision 2a, paragraph
4.30(a), clause (8); or
4.31(iv) employed in the student worker classification as designated by Minnesota
4.32Management and Budget;
4.33 (2) employees who are:
4.34 (i) eligible for membership in the state Teachers Retirement Association,
4.35
5.1
5.2of the Minnesota State Retirement System instead of the Teachers Retirement Association;
5.3 (ii) employees of the state who, in any year, were credited with 12 months of
5.4allowable service as a public school teacher and, as such, are members of a retirement plan
5.5governed by chapter 354 or 354A unless the employment is incidental employment as a
5.6state employee that is not covered by a retirement plan governed by chapter 354 or 354A;
5.7 (iii) employees of the state who are employed by the Board of Trustees of the
5.8Minnesota State Colleges and Universities in an unclassified position that is listed in
5.9section 43A.08, subdivision 1, clause (9);
5.10 (iv) persons employed by the Board of Trustees of the Minnesota State Colleges and
5.11Universities who elected retirement coverage other than by the general state employees
5.12retirement plan of the Minnesota State Retirement System under Minnesota Statutes
5.131994, section 136C.75;
5.14 (v) officers or enlisted personnel in the National Guard or in the naval militia who
5.15are assigned to permanent peacetime duty and who are or are required to be members of a
5.16federal retirement system under federal law;
5.17 (vi) persons employed by the Department of Military Affairs as full-time firefighters
5.18and who, as such, are members of the public employees police and fire retirement plan;
5.19 (vii) members of the State Patrol retirement plan under section 352B.011,
5.20subdivision 10;
5.21 (viii) off-duty police officers while employed by the Metropolitan Council and
5.22persons employed as full-time police officers by the Metropolitan Council and who, as
5.23such, are members of the public employees police and fire retirement plan; and
5.24 (ix) employees of the state who have elected to transfer account balances derived
5.25from state service to the unclassified state employees retirement program under section
5.26352D.02, subdivision 1d;
5.27 (3) employees of the University of Minnesota who are excluded from coverage by
5.28action of the Board of Regents;
5.29
5.30
5.31
5.32
5.33elections;
5.34
5.35 (i) engaged in public work for the state but who are employed by contractors when the
5.36performance of the contract is authorized by the legislature or other competent authority;
6.1
6.2
6.3(ii) employed to perform professional services where the service is incidental to the
6.4person's regular professional duties and where compensation is paid on a per diem basis; or
6.5(iii) compensated on a fee payment basis or as an independent contractor;
6.6(6) persons who are employed:
6.7(i) on a temporary basis by the house of representatives, the senate, or a legislative
6.8commission or agency under the jurisdiction of the Legislative Coordinating Commission;
6.9(ii) as a temporary employee on or after July 1 for a period ending on or before
6.10October 15 of that calendar year for the Minnesota State Agricultural Society or the
6.11Minnesota State Fair, or as an employee at any time for a special event held on the
6.12fairgrounds;
6.13(iii) by the executive branch as a temporary employee in the classified service or
6.14as an executive branch temporary employee in the unclassified service if appointed for a
6.15definite period not to exceed six months, and if employment is less than six months, then
6.16in any 12-month period;
6.17(iv) by the adjutant general if employed on an unlimited intermittent or temporary
6.18basis in the classified service or in the unclassified service for the support of Army or Air
6.19National Guard training facilities;
6.20(v) by a state or federal program for training or rehabilitation as a temporary
6.21employee if employed for a limited period from an area of economic distress and if other
6.22than a skilled or supervisory personnel position or other than a position that has civil
6.23service status covered by the retirement system; and
6.24(vi) by the Metropolitan Council or a statutory board of the Metropolitan Council
6.25where the members of the board are appointed by the Metropolitan Council as a temporary
6.26employee if the appointment does not exceed six months;
6.27
6.28judicial branch as defined in section
6.29employed by the Department of Labor and Industry;
6.30
6.31correctional institutions, including
6.32
6.33
6.34
6.35
6.36(10) persons who are:
7.1
7.2intermittently and are paid on a per diem basis
7.3treasurer of those boards if their compensation is $5,000 or less per year, or, if they are
7.4legally prohibited from serving more than three years
7.5State Agricultural Society and its treasurer unless the treasurer is also its full-time secretary;
7.6
7.7
7.8
7.9
7.10
7.11
7.12(ii) examination monitors employed by a department, agency, commission, or board
7.13of the state to conduct examinations that are required by law; or
7.14(iii) appointees serving as a member of a fact-finding commission or an adjustment
7.15panel, an arbitrator, or a labor referee under chapter 179;
7.16
7.17but if an emergency employee, within the same pay period, becomes a provisional or
7.18probationary employee on other than a temporary basis, the employee must be considered
7.19a "state employee" retroactively to the beginning of the pay period;
7.20
7.21
7.22
7.23
7.24
7.25
7.26
7.27
7.28
7.29
7.30
7.31
7.32
7.33
7.34
8.1
8.2
8.3
8.4
8.5excluded from coverage under the federal Old Age, Survivors, Disability, and Health
8.6Insurance Program for the performance of service as specified in United States Code, title
8.742, section 410(a)(8)(A), as amended, if no irrevocable election of coverage has been
8.8made under section 3121(r) of the Internal Revenue Code of 1986, as amended
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
8.19
8.20
8.21
8.22
8.23
8.24
8.25
8.26Waste Control Commission, who have trade union pension plan coverage under a
8.27collective bargaining agreement, and who are first employed after June 1, 1977;
8.28
8.29
8.30
8.31
8.32
8.33
8.34years
8.35years of employment, unless notice of a visa extension
8.36work for three or more years as of the date that the extension is granted and is supplied to
9.1the retirement plan, in which case
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10(15) reemployed annuitants of the general state employees retirement plan, the
9.11military affairs personnel retirement plan, the transportation department pilots retirement
9.12plan, the state fire marshal employees retirement plan, or the correctional state employees
9.13retirement plan during the course of that reemployment.
9.14EFFECTIVE DATE.This section is effective July 1, 2014.
9.15 Sec. 3. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2a, is
9.16amended to read:
9.17 Subd. 2a. Included employees; mandatory membership. (a) Public employees
9.18whose annual salary
9.19stipulated in advance to exceed $5,100 if the person is not a school year employee or
9.20$3,800 if the person is a school year employee and who are not specifically excluded under
9.21subdivision 2b or who have not been provided an option to participate under subdivision
9.222d, whether individually or by action of the governmental subdivision, must participate as
9.23members of the association with retirement coverage by the general employees retirement
9.24plan under this chapter, the public employees police and fire retirement plan under this
9.25chapter, or the local government correctional employees retirement plan under chapter
9.26353E, whichever applies. Membership commences as a condition of their employment on
9.27the first day of their employment or on the first day that the eligibility criteria are met,
9.28whichever is later. Public employees include but are not limited to:
9.29(1) persons whose salary meets the threshold in this paragraph from employment in
9.30one or more positions within one governmental subdivision;
9.31(2) elected county sheriffs;
9.32(3) persons who are appointed, employed, or contracted to perform governmental
9.33functions that by law or local ordinance are required of a public officer, including, but
9.34not limited to:
9.35(i) town and city clerk or treasurer;
10.1(ii) county auditor, treasurer, or recorder;
10.2(iii) city manager as defined in section
10.3provided under subdivision 2d; or
10.4(iv) emergency management director, as provided under section
10.5(4) physicians under section
10.6employees defined contribution plan coverage under section
10.7(5) full-time employees of the Dakota County Agricultural Society;
10.8(6) employees of the Red Wing Port Authority who were first employed by the
10.9Red Wing Port Authority before May 1, 2011, and who are not excluded employees
10.10under subdivision 2b;
10.11(7) employees of the Seaway Port Authority of Duluth who are not excluded
10.12employees under subdivision 2b
10.13(8) employees of the Stevens County Housing and Redevelopment Authority who
10.14were first employed by the Stevens County Housing and Redevelopment Authority before
10.15May 1, 2014, and who are not excluded employees under subdivision 2b; and
10.16(9) employees of the Public Employees Retirement Association.
10.17 (b) A public employee or elected official who was a member of the association on
10.18June 30, 2002, based on employment that qualified for membership coverage by the public
10.19employees retirement plan or the public employees police and fire plan under this chapter,
10.20or the local government correctional employees retirement plan under chapter 353E as of
10.21June 30, 2002, retains that membership for the duration of the person's employment in that
10.22position or incumbency in elected office. Except as provided in subdivision 28, the person
10.23shall participate as a member until the employee or elected official terminates public
10.24employment under subdivision 11a or terminates membership under subdivision 11b.
10.25(c) If in any subsequent year the annual salary of an included public employee is
10.26less than
10.27subdivision, the member retains membership eligibility.
10.28(d) For the purpose of participation in the MERF division of the general employees
10.29retirement plan, public employees include employees who were members of the former
10.30Minneapolis Employees Retirement Fund on June 29, 2010, and who participate as
10.31members of the MERF division of the association.
10.32EFFECTIVE DATE.The amendments to paragraphs (b) and (d) are effective the
10.33day following final enactment. The amendments to paragraphs (a) and (c) are effective
10.34January 1, 2015.
11.1 Sec. 4. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b, is
11.2amended to read:
11.3 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
11.4to participate as members of the association with retirement coverage by the general
11.5employees retirement plan, the local government correctional employees retirement plan
11.6under chapter 353E, or the public employees police and fire retirement plan:
11.7 (1) persons whose annual salary from one governmental subdivision never exceeds
11.8 an amount, stipulated in writing in advance, of $5,100 if the person is not a school district
11.9employee or $3,800 if the person is a school year employee. If annual compensation from
11.10one governmental subdivision to an employee exceeds the stipulated amount in a calendar
11.11year or a school year, whichever applies, after being stipulated in advance not to exceed
11.12the applicable amount, the stipulation is no longer valid and contributions must be made
11.13on behalf of the employee under section 353.27, subdivision 12, from the first month in
11.14which the employee received salary exceeding $425 in a month;
11.15(2) public officers who are elected to a governing body, city mayors, or persons who
11.16are appointed to fill a vacancy in an elective office of a governing body, whose term of office
11.17commences on or after July 1, 2002, for the service to be rendered in that elective position;
11.18 (3)
11.19elections;
11.20 (4) patient and inmate personnel who perform services for a governmental
11.21subdivision;
11.22 (5) except as otherwise specified in subdivision 12a, employees who are
11.23 employed solely in a temporary position as defined under subdivision 12a, and employees
11.24who resign from a nontemporary position and accept a temporary position within 30 days
11.25of that resignation in the same governmental subdivision;
11.26 (6) employees who are employed by reason of work emergency caused by fire,
11.27flood, storm, or similar disaster, but if the person becomes a probationary or provisional
11.28employee within the same pay period, other than on a temporary basis, the person is a
11.29"public employee" retroactively to the beginning of the pay period;
11.30 (7) employees who by virtue of their employment in one governmental subdivision
11.31are required by law to be a member of and to contribute to any of the plans or funds
11.32administered by the Minnesota State Retirement System, the Teachers Retirement
11.33Association, the Duluth Teachers Retirement Fund Association,
11.34Teachers Retirement Fund Association
11.35to prevent a person from being a member of and contributing to the Public Employees
11.36Retirement Association and also belonging to and contributing to another public pension
12.1plan or fund for other service occurring during the same period of time
12.2meets the definition of "public employee" in subdivision 2 by virtue of other service
12.3occurring during the same period of time becomes a member of the association unless
12.4contributions are made to another public retirement
12.5other service or to the Teachers Retirement Association by a teacher as defined in section
12.7 (8) persons who are members of a religious order and are excluded from coverage
12.8under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
12.9performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
12.10as amended
12.11under section 3121(r) of the Internal Revenue Code of 1954, as amended;
12.12 (9)
12.13 (i) employed by a governmental subdivision who have not reached the age of 23
12.14and who are enrolled on a full-time basis to attend or are attending classes on a full-time
12.15basis at an accredited school, college, or university in an undergraduate, graduate, or
12.16professional-technical program, or at a public or charter high school;
12.17
12.18
12.19public
12.20
12.21internship or a residency program that is sponsored by a governmental subdivision,
12.22including an accredited educational institution;
12.23
12.24who render part-time teaching service in a technical college;
12.25
12.26Healthcare System, Inc., foreign citizens who are employed by a governmental subdivision
12.27under a work permit
12.28period of less than three years of employment
12.29of the visa beyond the three-year period, the foreign
12.30for membership beginning on the first of the month
12.31extension if the monthly earnings threshold as provided under subdivision 2a is met;
12.32
12.33of the association before 1972 and who did not elect to participate from July 1, 1988,
12.34to October 1, 1988;
12.35
12.36personnel, as defined in subdivision 35, but persons who serve as volunteer ambulance
13.1service personnel may still qualify as public employees under subdivision 2 and may
13.2be members of the Public Employees Retirement Association and participants in the
13.3general employees retirement plan or the public employees police and fire plan, whichever
13.4applies, on the basis of compensation received from public employment service other than
13.5service as volunteer ambulance service personnel;
13.6
13.7subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
13.8but a person who is a volunteer firefighter may still qualify as a public employee under
13.9subdivision 2 and may be a member of the Public Employees Retirement Association and
13.10a participant in the general employees retirement plan or the public employees police
13.11and fire plan, whichever applies, on the basis of compensation received from public
13.12employment activities other than those as a volunteer firefighter;
13.13
13.14School District No. 625, St. Paul, with coverage under a collective bargaining agreement
13.15by the pipefitters local 455 pension plan who were either first employed after May 1,
13.161997, or, if first employed before May 2, 1997, elected to be excluded under Laws 1997,
13.17chapter 241, article 2, section 12;
13.18
13.19who are employed by Independent School District No. 625, St. Paul, or the city of St.
13.20Paul, who have retirement coverage under a collective bargaining agreement by the
13.21Electrical Workers Local 110 pension plan, the United Association Plumbers Local 34
13.22pension plan, or the pension plan applicable to Carpenters Local
13.23first employed after May 1, 2000, or, if first employed before May 2, 2000, elected to be
13.24excluded under Laws 2000, chapter 461, article 7, section 5;
13.25
13.26painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
13.27or Independent School District No. 625, St. Paul, with coverage under a collective
13.28bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
13.29the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
13.30pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
13.31Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
13.32first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
13.33Session chapter 10, article 10, section 6;
13.34
13.35with coverage under a collective bargaining agreement by the Plumbers Local 34 pension
13.36plan, who either were first employed after May 1, 2001, or if first employed before May 2,
14.12001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
14.210, section 6;
14.3
14.4under subdivision 12b which are limited in duration by the employer to 185 consecutive
14.5calendar days or less in each year of employment with the governmental subdivision;
14.6
14.7by a governmental subdivision and who participate in an employment or industries
14.8program maintained for the benefit of these persons where the governmental subdivision
14.9limits the position's duration to up to five years, including persons participating in a
14.10federal or state subsidized on-the-job training, work experience, senior citizen, youth, or
14.11unemployment relief program where the training or work experience is not provided as a
14.12part of, or for, future permanent public employment;
14.13
14.14
14.15reemployment;
14.16
14.17subdivision or an instrumentality thereof
14.18(24) persons employed as full-time fixed-route bus drivers by the St. Cloud
14.19Metropolitan Transit Commission who are members of the International Brotherhood
14.20of Teamsters Local 638 and who are, by virtue of that employment, members of the
14.21International Brotherhood of Teamsters Central States pension plan.
14.22(b) Any person performing the duties of a public officer in a position defined in
14.23subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
14.24employee of an independent contractor.
14.25EFFECTIVE DATE.This section is effective January 1, 2015, except paragraph
14.26(a), clause (24), which is effective retroactively from August 1, 1986.
14.27 Sec. 5. Minnesota Statutes 2012, section 353.27, is amended by adding a subdivision
14.28to read:
14.29 Subd. 10a. Written disclosure of membership exclusion determination. If the
14.30determination by the employer under section 353.01, subdivision 2a, paragraph (a), is to
14.31exclude a public employee from membership, the governmental subdivision shall provide
14.32the employee with a written notice of the exclusion on a form prescribed by the executive
14.33director. The notice must include the statutory basis for the exclusion and information
14.34about the employee's right to appeal the determination to the association under section
15.1356.96. The employer must provide the exclusion notice to the employee within two
15.2weeks of the date of the determination and shall retain a copy in the person's personnel file.
15.3EFFECTIVE DATE.This section is effective January 1, 2015.
15.4 Sec. 6. Minnesota Statutes 2012, section 354.05, subdivision 2, is amended to read:
15.5 Subd. 2. Teacher. (a) "Teacher" means:
15.6(1) a person who renders service as a teacher, supervisor, principal, superintendent,
15.7librarian, nurse, counselor, social worker, therapist, or psychologist in a public school of
15.8the state
15.9 other than in Independent School District No. 625 or in Independent School District No.
15.10709, or in any charter school, irrespective of the location of the school, or in any charitable,
15.11penal, or correctional institutions of a governmental subdivision, or who is engaged in
15.12educational administration in connection with the state public school system,
15.13
15.14
15.15(2) an employee of the Teachers Retirement Association;
15.16(3) a person who renders teaching service on a part-time basis and who also renders
15.17other services for a single employing unit
15.18comprises at least 50 percent of the combined employment salary is a member of the
15.19association for all services with the single employing unit
15.20
15.21director
15.22by the association; or
15.23(4) a person who is not covered by the plans established under chapter 352D, 354A,
15.24or 354B and who is employed by the Board of Trustees of the Minnesota State Colleges
15.25and Universities system in an unclassified position as:
15.26(i) a president, vice-president, or dean;
15.27(ii) a manager or a professional in an academic or an academic support program
15.28other than specified in item (i);
15.29(iii) an administrative or a service support faculty position; or
15.30(iv) a teacher or a research assistant.
15.31(b) "Teacher" does not mean:
15.32(1) a person who works for a school or institution as an independent contractor as
15.33defined by the Internal Revenue Service;
15.34(2) a person who renders part-time teaching service or who is a customized trainer
15.35as defined by the Minnesota State Colleges and Universities system if (i) the service is
16.1incidental to the regular nonteaching occupation of the person; and (ii) the employer
16.2stipulates annually in advance that the part-time teaching service or customized training
16.3service will not exceed 300 hours in a fiscal year and retains the stipulation in its records;
16.4and (iii) the part-time teaching service or customized training service actually does not
16.5exceed 300 hours in a fiscal year; or
16.6(3) a person exempt from licensure under section
16.7(4) annuitants of the teachers retirement plan who are employed after retirement by
16.8an employing unit that participates in the teachers retirement plan during the course of
16.9that reemployment;
16.10(5) a person who is employed by the University of Minnesota;
16.11(6) a member or an officer of any general governing or managing board or body of
16.12an employing unit that participates in the teachers retirement plan; or
16.13(7) a person employed by Independent School District No. 625 or Independent
16.14School District No. 709 as a teacher as defined in section 354A.011, subdivision 27.
16.15EFFECTIVE DATE.This section is effective July 1, 2014.
16.16 Sec. 7. Minnesota Statutes 2012, section 354A.011, subdivision 27, is amended to read:
16.17 Subd. 27. Teacher. (a) "Teacher" means any person who renders service for a public
16.18school district, other than a charter school, located in the corporate limits of Duluth or
16.19St. Paul, as any of the following:
16.20(1) a full-time employee in a position for which a valid license from the state
16.21Department of Education is required;
16.22(2) an employee of the teachers retirement fund association located in the city of
16.23the first class;
16.24(3) a part-time employee in a position for which a valid license from the state
16.25Department of Education is required; or
16.26(4) a part-time employee in a position for which a valid license from the state
16.27Department of Education is required who also renders other nonteaching services for the
16.28school district, unless the board of trustees of the teachers retirement fund association
16.29determines that the combined employment is on the whole so substantially dissimilar to
16.30teaching service that the service may not be covered by the association.
16.31(b) The term does not mean any person who renders service in the school district
16.32as any of the following:
16.33(1) an independent contractor or the employee of an independent contractor;
17.1(2) an employee who is a full-time teacher covered by the Teachers Retirement
17.2Association or by another teachers retirement fund association established pursuant to this
17.3chapter or chapter 354;
17.4(3) an employee who is exempt from licensure pursuant to section
17.5(4) an employee who is a teacher in a technical college located in a city of the first
17.6class unless the person elects coverage by the applicable first class city teacher retirement
17.7fund association under section
17.8(5) a teacher employed by a charter school, irrespective of the location of the
17.9school;
17.10(6) an employee who is a part-time teacher in a technical college in a city of the first
17.11class and who has elected coverage by the applicable first class city teacher retirement
17.12fund association under section
17.13incidental to the regular nonteaching occupation of the person; (ii) the applicable technical
17.14college stipulates annually in advance that the part-time teaching service will not exceed
17.15300 hours in a fiscal year; and (iii) the part-time teaching actually does not exceed 300
17.16hours in the fiscal year to which the certification applies
17.17(7) a person who is receiving a retirement annuity from the Teachers Retirement
17.18Fund Association and is employed after retirement by the school district associated with
17.19the retirement fund association.
17.20EFFECTIVE DATE.This section is effective July 1, 2014.
17.21 Sec. 8. Minnesota Statutes 2012, section 356.24, subdivision 1, is amended to read:
17.22 Subdivision 1. Restriction; exceptions. It is unlawful for a school district or other
17.23governmental subdivision or state agency to levy taxes for or to contribute public funds to
17.24a supplemental pension or deferred compensation plan that is established, maintained,
17.25and operated in addition to a primary pension program for the benefit of the governmental
17.26subdivision employees other than:
17.27 (1) to a supplemental pension plan that was established, maintained, and operated
17.28before May 6, 1971;
17.29 (2) to a plan that provides solely for group health, hospital, disability, or death
17.30benefits;
17.31 (3) to the individual retirement account plan established by chapter 354B;
17.32 (4) to a plan that provides solely for severance pay under section
17.33or terminating employee;
17.34 (5) for employees other than personnel employed by the Board of Trustees of the
17.35Minnesota State Colleges and Universities and covered under the Higher Education
18.1Supplemental Retirement Plan under chapter 354C, but including city managers covered
18.2by an alternative retirement arrangement under section
18.3(a), or by the defined contribution plan of the Public Employees Retirement Association
18.4under section
18.5provided for in a personnel policy of the public employer or in the collective bargaining
18.6agreement between the public employer and the exclusive representative of public
18.7employees in an appropriate unit or in the individual employment contract between a city
18.8and a city manager, and if for each available investment all fees and historic rates of return
18.9for the prior one-, three-, five-, and ten-year periods, or since inception, are disclosed in an
18.10easily comprehended document not to exceed two pages, in an amount matching employee
18.11contributions on a dollar for dollar basis, but not to exceed an employer contribution of
18.12one-half of the available elective deferral permitted per year per employee, under the
18.13Internal Revenue Code:
18.14 (i) to the state of Minnesota deferred compensation plan under section
18.15 (ii) in payment of the applicable portion of the contribution made to any investment
18.16eligible under section 403(b) of the Internal Revenue Code, if the employing unit has
18.17complied with any applicable pension plan provisions of the Internal Revenue Code with
18.18respect to the tax-sheltered annuity program during the preceding calendar year; or
18.19 (iii) any other deferred compensation plan offered by the employer under section
18.20457 of the Internal Revenue Code;
18.21 (6) for personnel employed by the Board of Trustees of the Minnesota State Colleges
18.22and Universities and not covered by clause (5), to the supplemental retirement plan under
18.23chapter 354C, if the supplemental plan coverage is provided for in a personnel policy
18.24or in the collective bargaining agreement of the public employer with the exclusive
18.25representative of the covered employees in an appropriate unit, in an amount matching
18.26employee contributions on a dollar for dollar basis, but not to exceed an employer
18.27contribution of $2,700 a year for each employee;
18.28 (7) to a supplemental plan or to a governmental trust to save for postretirement
18.29health care expenses qualified for tax-preferred treatment under the Internal Revenue
18.30Code, if the supplemental plan coverage is provided for in a personnel policy or in the
18.31collective bargaining agreement of a public employer with the exclusive representative of
18.32the covered employees in an appropriate unit;
18.33 (8) to the laborers national industrial pension fund or to a laborers local pension fund
18.34for the employees of a governmental subdivision who are covered by a collective bargaining
18.35agreement that provides for coverage by that fund and that sets forth a fund contribution
18.36rate, but not to exceed an employer contribution of $5,000 per year per employee;
19.1 (9) to the plumbers and pipefitters national pension fund or to a plumbers and
19.2pipefitters local pension fund for the employees of a governmental subdivision who are
19.3covered by a collective bargaining agreement that provides for coverage by that fund and
19.4that sets forth a fund contribution rate, but not to exceed an employer contribution of
19.5$5,000 per year per employee;
19.6 (10) to the international union of operating engineers pension fund for the employees
19.7of a governmental subdivision who are covered by a collective bargaining agreement that
19.8provides for coverage by that fund and that sets forth a fund contribution rate, but not to
19.9exceed an employer contribution of $5,000 per year per employee;
19.10 (11) to a supplemental plan organized and operated under the federal Internal
19.11Revenue Code, as amended, that is wholly and solely funded by the employee's
19.12accumulated sick leave, accumulated vacation leave, and accumulated severance pay;
19.13 (12) to the International Association of Machinists national pension fund for the
19.14employees of a governmental subdivision who are covered by a collective bargaining
19.15agreement that provides for coverage by that fund and that sets forth a fund contribution
19.16rate, but not to exceed an employer contribution of $5,000 per year per employee;
19.17 (13) for employees of United Hospital District, Blue Earth, to the state of Minnesota
19.18deferred compensation program, if the employee makes a contribution, in an amount that
19.19does not exceed the total percentage of covered salary under section
19.203 and 3a;
19.21(14) to the alternative retirement plans established by the Hennepin County Medical
19.22Center under section 383B.914, subdivision 5
19.23(15) to the International Brotherhood of Teamsters Central States pension plan for
19.24fixed-route bus drivers employed by the St. Cloud Metropolitan Transit Commission who
19.25are members of the International Brotherhood of Teamsters Local 638 by virtue of that
19.26employment.
19.27EFFECTIVE DATE.This section is effective retroactively from August 1, 1986.
19.28 Sec. 9. VALIDATION OF PAST RETIREMENT COVERAGE
19.29AND CONTRIBUTIONS FOR STEVENS COUNTY HOUSING AND
19.30REDEVELOPMENT AUTHORITY EMPLOYEES.
19.31(a) Retirement coverage by the general employees plan of the Public Employees
19.32Retirement Association, allowable service credit, and salary credit for employees of the
19.33Stevens County Housing and Redevelopment Authority who were so employed after
19.34November 7, 1984, and were first so employed before May 1, 2014, who had monthly
19.35salary in any month of at least $325 until June 30, 1988, and who had monthly salary in
20.1any month of at least $425 after June 30, 1988, who were not otherwise excluded under
20.2the applicable edition of Minnesota Statutes, section 353.01, subdivision 2b, and who had
20.3member deductions taken and transferred in a timely manner to the general employees
20.4retirement fund before the effective date of this section are hereby validated.
20.5(b) Notwithstanding any provision of Minnesota Statutes, chapter 353, to the
20.6contrary, employee contributions deducted from employees of the Stevens County
20.7Housing and Redevelopment Authority described in paragraph (a) before the effective
20.8date of this section and associated employer contributions are valid assets of the general
20.9employees retirement fund and are not subject to refund or adjustment for erroneous
20.10receipt except as provided in Minnesota Statutes, section 353.32, subdivision 1 or 2;
20.11or 353.34, subdivisions 1 and 2.
20.12EFFECTIVE DATE.This section is effective the day following final enactment.
20.15 Section 1. Minnesota Statutes 2012, section 352.03, subdivision 1, is amended to read:
20.16 Subdivision 1. Membership of board; election; term. (a) The policy-making
20.17function of the system is vested in a board of 11 members known as the board of directors.
20.18This board shall consist of:
20.19(1) three members appointed by the governor, one of whom must be a constitutional
20.20officer or appointed state official and two of whom must be public members knowledgeable
20.21in pension matters
20.22(2) four state employees elected by
20.23members and former members eligible for a deferred annuity from the general state
20.24employees retirement plan, excluding employees
20.25
20.26a board member is designated;
20.27(3) one employee of the Metropolitan Council's transit operations or its successor
20.28agency designated by the executive committee of the labor organization that is the
20.29exclusive bargaining agent representing employees of the transit division
20.30(4) one employee who is a member of the State Patrol retirement
20.31by active members
20.32
21.1(5) one employee
21.2retirement plan established under this chapter elected by
21.3members and former members eligible for a deferred annuity from that plan
21.4(6) one retired employee of a plan included in the system, elected by disabled and
21.5retired employees of
21.6
21.7(b) The terms of the four elected state employees under paragraph (a), clause (2),
21.8must be staggered, with two of the state employee
21.9each biennium, whose terms of office begin on the first Monday in May after their
21.10election
21.11Metropolitan Council's transit operations hold office for a term of four years and until their
21.12successors are elected or appointed, and have qualified.
21.13(c) An employee or former employee of the system is not eligible for membership
21.14on the board of directors. A state employee on leave of absence is not eligible for election
21.15or reelection to membership on the board of directors.
21.16(d) The term of any board member who is on leave for more than six months
21.17automatically ends on expiration of the term of office.
21.18EFFECTIVE DATE.This section is effective the day following final enactment.
21.19 Sec. 2. Minnesota Statutes 2012, section 352.03, is amended by adding a subdivision
21.20to read:
21.21 Subd. 1b. Membership voting limitations. Active members and former members
21.22eligible for a deferred annuity from a plan under this chapter or chapter 352B are eligible
21.23to vote in board elections as further specified and restricted in this section. Retired
21.24members and disabilitants from a plan in the system may vote only for the retired member
21.25position under subdivision 1, paragraph (a), clause (6). If a former member eligible for a
21.26deferred annuity from a plan under this chapter or chapter 352B is a deferred annuitant
21.27from more than one plan covered by the system, that person is eligible to vote only in
21.28elections applicable for deferred annuitants from the plan in the system from which the
21.29person last received allowable service. If a person is an active member of a plan in the
21.30system and is a deferred annuitant or a retiree from another plan or plans in the system,
21.31the person is only eligible to vote in board elections applicable due to the active member
21.32plan membership. If a person is a deferred annuitant from a plan in the system and is also
21.33a retiree from another plan in the system, the person is only eligible to vote in elections
21.34applicable due to the retiree status.
22.1EFFECTIVE DATE.This section is effective the day following final enactment.
22.4 Section 1. Minnesota Statutes 2012, section 352.04, subdivision 2, is amended to read:
22.5 Subd. 2. Employee contributions. (a) The employee contribution to the fund must
22.6be equal to the following percent of salary:
22.14(b) These contributions must be made by deduction from salary as provided in
22.15subdivision 4.
22.16EFFECTIVE DATE.This section is effective on the first day of the first full pay
22.17period beginning after July 1, 2014.
22.18 Sec. 2. Minnesota Statutes 2012, section 352.04, subdivision 3, is amended to read:
22.19 Subd. 3. Employer contributions. The employer contribution to the fund must be
22.20equal to the following percent of salary:
22.28EFFECTIVE DATE.This section is effective on the first day of the first full pay
22.29period beginning after July 1, 2014.
22.30 Sec. 3. Minnesota Statutes 2012, section 352.92, subdivision 1, is amended to read:
22.31 Subdivision 1. Employee contributions. (a) Employee contributions of covered
22.32correctional employees must be in an amount equal to the following percent of salary:
23.8(b) These contributions must be made by deduction from salary as provided in
23.9section
23.10EFFECTIVE DATE.This section is effective on the first day of the first full pay
23.11period beginning after July 1, 2014.
23.12 Sec. 4. Minnesota Statutes 2012, section 352.92, subdivision 2, is amended to read:
23.13 Subd. 2. Employer contributions. The employer shall contribute for covered
23.14correctional employees an amount equal to the following percent of salary:
23.22EFFECTIVE DATE.This section is effective on the first day of the first full pay
23.23period beginning after July 1, 2014.
23.24 Sec. 5. Minnesota Statutes 2012, section 353.27, subdivision 2, is amended to read:
23.25 Subd. 2. General employees retirement plan; employee contribution. (a) For
23.26a basic member of the general employees retirement plan of the Public Employees
23.27Retirement Association, the employee contribution is 9.10 percent of salary. For a
23.28coordinated member of the general employees retirement plan of the Public Employees
23.29Retirement Association, the employee contribution is the following percentage of salary
23.30plus any contribution rate adjustment under subdivision 3b:
23.31 |
|||
23.32 |
Effective after December 31, 2010 |
6.25 |
|
23.33 |
Effective January 1, 2015 |
6.50. |
24.1member's salary is paid from other than public funds, the member's employee contribution
24.2must be based on the total salary received by the member from all sources.
24.3EFFECTIVE DATE.This section is effective the day following final enactment.
24.4 Sec. 6. Minnesota Statutes 2012, section 353.27, subdivision 3, is amended to read:
24.5 Subd. 3. General employees retirement plan; employer contribution. (a) For
24.6a basic member of the general employees retirement plan of the Public Employees
24.7Retirement Association, the employer contribution is 9.10 percent of salary. For a
24.8coordinated member of the general employees retirement plan of the Public Employees
24.9Retirement Association, the employer contribution is the following percentage of salary
24.10plus any contribution rate adjustment under subdivision 3b:
24.11 |
|||
24.12 |
Effective after December 31, 2010 |
6.25 |
|
24.13 |
Effective January 1, 2015 |
6.50. |
24.15subdivision by the means and in the manner provided in section
24.16EFFECTIVE DATE.This section is effective the day following final enactment.
24.17 Sec. 7. Minnesota Statutes 2012, section 353.27, subdivision 3b, is amended to read:
24.18 Subd. 3b. Change in employee and employer contributions in certain instances.
24.19(a) For purposes of this section:
24.20(1) a contribution sufficiency exists if the total of the employee contribution under
24.21subdivision 2, the employer contribution under subdivision 3, the additional employer
24.22contribution under subdivision 3a, and any additional contribution previously imposed
24.23under this subdivision exceeds the total of the normal cost, the administrative expenses,
24.24and the amortization contribution of the general employees retirement plan as reported in
24.25the most recent actuarial valuation of the retirement plan prepared by the actuary retained
24.26under section
24.27work of the Legislative Commission on Pensions and Retirement; and
24.28(2) a contribution deficiency exists if the total of the employee contributions under
24.29subdivision 2, the employer contributions under subdivision 3, the additional employer
24.30contribution under subdivision 3a, and any additional contribution previously imposed
24.31under this subdivision is less than the total of the normal cost, the administrative expenses,
24.32and the amortization contribution of the general employees retirement plan as reported in
24.33the most recent actuarial valuation of the retirement plan prepared by the actuary retained
25.1under section
25.2work of the Legislative Commission on Pensions and Retirement.
25.3(b) Employee and employer contributions to the general employees retirement plan
25.4under subdivisions 2 and 3 must be adjusted:
25.5(1) if
25.6retirement plan of the Public Employees Retirement Association under section
25.7indicates that there is a contribution sufficiency under paragraph (a) greater than one
25.8percent of covered payroll and that the sufficiency has existed for at least two consecutive
25.9years, the coordinated program employee and employer contribution rates must be
25.10decreased as determined under paragraph (c) to a level such that the sufficiency is no
25.11greater than one percent of covered payroll based on the most recent actuarial valuation; or
25.12(2) if
25.13employees retirement plan of the Public Employees Retirement Association under section
25.15of covered payroll and that the deficiency has existed for at least two consecutive years,
25.16the coordinated program employee and employer contribution rates must be increased
25.17as determined under paragraph (d) to a level such that no deficiency exists based on the
25.18most recent actuarial valuation.
25.19(c) If the actuarially required contribution of the general employees retirement plan is
25.20less than the total support provided by the combined employee and employer contribution
25.21rates under subdivisions 2, 3, and 3a, by more than one percent of covered payroll,
25.22the general employees retirement plan coordinated program employee and employer
25.23contribution rates under subdivisions 2 and 3 must be decreased incrementally over one or
25.24more years by no more than 0.25 percent of pay each for employee and employer matching
25.25contribution rates to a level such that there remains a contribution sufficiency of at least one
25.26percent of covered payroll. No contribution rate decrease may be made until at least two
25.27years have elapsed since any adjustment under this subdivision has been fully implemented.
25.28(d) If the actuarially required contribution exceeds the total support provided by the
25.29combined employee and employer contribution rates under subdivisions 2, 3, and 3a,
25.30the employee and matching employer contribution rates must be increased equally to
25.31eliminate that contribution deficiency. If the contribution deficiency is:
25.32(1) less than two percent, the incremental increase may be up to 0.25 percent for the
25.33general employees retirement plan employee and matching employer contribution rates;
25.34(2) greater than 1.99 percent and less than 4.01 percent, the incremental increase
25.35may be up to 0.5 percent for the employee and matching employer contribution rates; or
26.1(3) greater than four percent, the incremental increase may be up to 0.75 percent for
26.2the employee and matching employer contribution.
26.3(e) The general employees retirement plan contribution sufficiency or deficiency
26.4determination under paragraphs (a) to (d) must be made without the inclusion of the
26.5contributions to, the funded condition of, or the actuarial funding requirements of the
26.6MERF division.
26.7(f) Any recommended adjustment to the contribution rates must be reported to the
26.8chair and the executive director of the Legislative Commission on Pensions and Retirement
26.9by January 15 following the receipt of the most recent annual actuarial valuation prepared
26.10under section
26.11not recommend against the rate change or does not recommend a modification in the rate
26.12change, the recommended adjustment becomes effective
26.13
26.14
26.15session in which the Legislative Commission on Pensions and Retirement did not take any
26.16action to disapprove or modify the Public Employees Retirement Association Board of
26.17Trustees' recommendation to adjust the employee and employer rates.
26.18(g) A contribution sufficiency of up to one percent of covered payroll must be held in
26.19reserve to be used to offset any future actuarially required contributions that are more than
26.20the total combined employee and employer contributions under subdivisions 2, 3, and 3a.
26.21(h) Before any reduction in contributions to eliminate a sufficiency in excess of one
26.22percent of covered pay may be recommended, the executive director must review any
26.23need for a change in actuarial assumptions, as recommended by the actuary retained under
26.24section
26.25plan prepared under section
26.26the Legislative Commission on Pensions and Retirement that may result in an increase
26.27in the actuarially required contribution and must report to the Legislative Commission
26.28on Pensions and Retirement any recommendation by the board to use the sufficiency
26.29exceeding one percent of covered payroll to offset the impact of an actuarial assumption
26.30change recommended by the actuary retained under section
26.31reviewed by the actuary retained by the commission under section
26.32(i) No contribution sufficiency in excess of one percent of covered pay may be
26.33proposed to be used to increase benefits, and no benefit increase may be proposed that
26.34would initiate an automatic adjustment to increase contributions under this subdivision.
26.35Any proposed benefit improvement must include a recommendation, prepared by the
26.36actuary retained under section
27.1retained by the Legislative Commission on Pensions and Retirement as provided under
27.2section
27.3EFFECTIVE DATE.This section is effective the day following final enactment.
27.7 Section 1. Minnesota Statutes 2012, section 3A.01, subdivision 1a, is amended to read:
27.8 Subd. 1a. Actuarial equivalent. (a) "Actuarial equivalent" means the condition of
27.9one allowance or benefit having an equal actuarial present value to another allowance or
27.10benefit, determined by the actuary retained under section
27.11specified age with each actuarial present value based on the mortality table applicable for
27.12the plan and approved under section
27.13preretirement or postretirement interest rate assumption specified in section
27.14subdivision 8
27.15(b) For purposes of computing a joint and survivor annuity, the postretirement
27.16interest rate assumption specified in section 356.461 must be used, rather than the
27.17postretirement interest rate specified in section 356.215, subdivision 8.
27.18EFFECTIVE DATE.This section is effective July 1, 2014.
27.19 Sec. 2. Minnesota Statutes 2012, section 352.01, subdivision 12, is amended to read:
27.20 Subd. 12. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
27.21of one annuity or benefit having an equal actuarial present value as another annuity or
27.22benefit, determined as of a given date at a specified age with each actuarial present value
27.23based on the appropriate mortality table adopted by the board of directors based on the
27.24experience of the fund as recommended by the actuary retained under section
27.25approved under section
27.26postretirement interest rate assumption specified in section
27.27(b) For purposes of computing a joint and survivor annuity, the postretirement
27.28interest rate assumption specified in section 356.461 must be used, rather than the
27.29postretirement interest rate specified in section 356.215, subdivision 8.
27.30EFFECTIVE DATE.This section is effective July 1, 2014.
28.1 Sec. 3. Minnesota Statutes 2013 Supplement, section 352.03, subdivision 4, is
28.2amended to read:
28.3 Subd. 4. Duties and powers of board of directors. (a) The board shall:
28.4 (1) elect a chair;
28.5 (2) appoint an executive director;
28.6 (3) establish rules to administer this chapter and chapters 3A, 352B, 352C, 352D,
28.7and 490 and transact the business of the system, subject to the limitations of law;
28.8 (4) consider and dispose of, or take any other action the board of directors deems
28.9appropriate concerning, denials of applications for annuities or disability benefits under
28.10this chapter, chapter 3A, 352B, 352C, 352D, or 490, and complaints of employees and
28.11others pertaining to the retirement of employees and the operation of the system;
28.12 (5) oversee the administration of the deferred compensation plan established in
28.13section
28.14 (6) oversee the administration of the health care savings plan established in section;
28.15and
28.16 (7) approve early retirement and optional annuity factors for all plans administered
28.17by the system, including approving retirement annuity factors for the unclassified state
28.18employees program under chapter 352D, subject to review by the actuary retained by
28.19the Legislative Commission on Pensions and Retirement; establish the schedule for
28.20implementation of the approved factors; and notify the Legislative Commission on
28.21Pensions and Retirement of the implementation schedule.
28.22 (b) The board shall advise the director on any matters relating to the system and
28.23carrying out functions and purposes of this chapter. The board's advice shall control.
28.24EFFECTIVE DATE.This section is effective July 1, 2014.
28.25 Sec. 4. Minnesota Statutes 2012, section 352B.08, subdivision 3, is amended to read:
28.26 Subd. 3. Optional annuity forms. (a) In lieu of the single life annuity provided in
28.27subdivision 2, the member or former member may elect an optional annuity form. The
28.28board of the Minnesota state retirement system shall establish a joint and survivor annuity,
28.29payable to a designated beneficiary for life, adjusted to the actuarial equivalent value of
28.30the single life annuity. The board shall also establish an additional optional annuity with
28.31an actuarial equivalent value of the single life annuity in the form of a joint and survivor
28.32annuity which provides that the elected annuity be reinstated to the single life annuity
28.33provided in subdivision 2, if after commencing the elected joint and survivor annuity, the
28.34designated beneficiary dies before the member, which reinstatement is not retroactive but
28.35takes effect for the first full month occurring after the death of the designated beneficiary.
29.1The board may also establish other actuarial equivalent value optional annuity forms. In
29.2establishing actuarial equivalent value optional annuity forms, each optional annuity form
29.3shall have the same present value as a regular single life annuity using the mortality
29.4table adopted by the board and the interest assumption specified in section
29.5subdivision 8
29.6(b) For purposes of computing a joint and survivor annuity, the postretirement
29.7interest rate assumption specified in section 356.461 must be used, rather than the
29.8postretirement interest rate specified in section 356.215, subdivision 8.
29.9(c) The board shall obtain the written recommendation of the actuary retained under
29.10section
29.11the board.
29.12EFFECTIVE DATE.This section is effective July 1, 2014.
29.13 Sec. 5. Minnesota Statutes 2012, section 353.01, subdivision 14, is amended to read:
29.14 Subd. 14. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
29.15of one annuity or benefit having an equal actuarial present value as another annuity or
29.16benefit, determined as of a given date with each actuarial present value based on the
29.17appropriate mortality table adopted by the board of trustees based on the experience of the
29.18fund as recommended by the actuary retained under section
29.19section
29.20interest rate assumption specified in section
29.21(b) For purposes of computing a joint and survivor annuity, the postretirement
29.22interest rate assumption specified in section 356.461 must be used rather than the
29.23postretirement interest rate specified in section 356.215, subdivision 8.
29.24EFFECTIVE DATE.This section is effective on the same date as the next mortality
29.25assumption adjustment or on July 1, 2017, whichever is earlier.
29.26 Sec. 6. Minnesota Statutes 2012, section 353.30, subdivision 3, is amended to read:
29.27 Subd. 3. Optional retirement annuity forms. (a) The board of trustees shall
29.28establish optional annuities which shall take the form of a joint and survivor annuity.
29.29Except as provided in subdivision 3a, the optional annuity forms shall be actuarially
29.30equivalent to the forms provided in section
29.31In establishing those optional forms, the board shall obtain the written recommendation of
29.32the actuary retained under section
29.33permanent records of the board. A member or former member may select an optional form
30.1of annuity, subject to the provisions of section
30.2of annuity which might otherwise be available.
30.3(b) For purposes of computing a joint and survivor annuity, the postretirement
30.4interest rate assumption specified in section 356.461 must be used rather than the
30.5postretirement interest rate specified in section 356.215, subdivision 8.
30.6EFFECTIVE DATE.This section is effective on the same date as the next mortality
30.7assumption adjustment or on July 1, 2017, whichever is earlier.
30.8 Sec. 7. Minnesota Statutes 2012, section 354.05, subdivision 7, is amended to read:
30.9 Subd. 7. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
30.10of one annuity or benefit having an equal actuarial present value as another annuity or
30.11benefit, determined as of a given date with each actuarial present value based on the
30.12appropriate mortality table adopted by the board of trustees based on the experience
30.13of the association as recommended by the actuary retained under section
30.14approved under section
30.15postretirement interest rate assumption specified in section
30.16(b) For purposes of computing a joint and survivor annuity, the postretirement
30.17interest rate assumption specified in section 356.461 must be used rather than the
30.18postretirement interest rate specified in section 356.215, subdivision 8.
30.19EFFECTIVE DATE.This section is effective July 1, 2014.
30.20 Sec. 8. [356.461] VARIOUS RETIREMENT SYSTEMS; JOINT AND
30.21SURVIVOR ANNUITY COMPUTATION.
30.22 Subdivision 1. Joint and survivor annuity computation. Notwithstanding any
30.23provision of section 356.215, subdivision 8, or 356.415 to the contrary, for purposes of
30.24computing joint and survivor annuities, the applicable postretirement interest assumption
30.25is 6.5 percent.
30.26 Subd. 2. Covered plans. This section applies to the following retirement plans:
30.27(1) the legislators retirement plan, established under chapter 3A, including
30.28constitutional officers as specified in that chapter;
30.29(2) the correctional state employees retirement plan of the Minnesota State
30.30Retirement System, established under chapter 352;
30.31(3) the general state employees retirement plan of the Minnesota State Retirement
30.32System, established under chapter 352;
30.33(4) the State Patrol retirement plan, established under chapter 352B;
31.1(5) the unclassified state employees retirement program of the Minnesota State
31.2Retirement System, established under chapter 352D;
31.3(6) the judges retirement plan, established under chapter 490;
31.4(7) the general employees retirement plan of the Public Employees Retirement
31.5Association, established under chapter 353, including the MERF division of the Public
31.6Employees Retirement Association;
31.7(8) the public employees police and fire retirement plan of the Public Employees
31.8Retirement Association, established under chapter 353;
31.9(9) the local government correctional service retirement plan of the Public
31.10Employees Retirement Association, established under chapter 353E; and
31.11(10) the Teachers Retirement Association, established under chapter 354.
31.12EFFECTIVE DATE.(a) For plans administered by the Minnesota State Retirement
31.13System and the Teachers Retirement Association, this section is effective July 1, 2014.
31.14(b) For plans administered by the Public Employees Retirement Association, this
31.15section applies to the determination of joint and survivor factors implemented for the
31.16applicable Public Employees Retirement Association plan effective on the same date as
31.17the next mortality assumption adjustment or on July 1, 2017, whichever is earlier.
31.18 Sec. 9. Minnesota Statutes 2012, section 490.121, subdivision 2a, is amended to read:
31.19 Subd. 2a. Actuarial equivalent. (a) "Actuarial equivalent" means the condition
31.20of one annuity or benefit having an equal actuarial present value as another annuity or
31.21benefit, determined as of a given date with each actuarial present value based on the
31.22appropriate mortality table adopted by the board of directors of the Minnesota State
31.23Retirement System based on the experience of the fund as recommended by the actuary
31.24retained under section
31.25using the applicable preretirement or postretirement interest rate assumption specified in
31.26section
31.27(b) For purposes of computing a joint and survivor annuity, the postretirement
31.28interest rate assumption specified in section 356.461 must be used, rather than the
31.29postretirement interest rate specified in section 356.215, subdivision 8.
31.30EFFECTIVE DATE.This section is effective July 1, 2014.
32.3 Section 1. Minnesota Statutes 2012, section 352.90, is amended to read:
32.4352.90 POLICY.
32.5It is the policy of the legislature to provide special retirement benefits for and special
32.6contributions by certain correctional employees who may be required to retire at an early
32.7age because they lose the mental or physical capacity required to maintain the safety,
32.8security, discipline, and custody of inmates at state correctional facilities
32.9
32.10Security Hospital, the forensic nursing home, the forensic transition service, and the
32.11competency restoration program; of patients in the Minnesota sex offender program
32.12patients in the Minnesota Specialty Health System-Cambridge.
32.13 Sec. 2. Minnesota Statutes 2012, section 352.91, subdivision 1, is amended to read:
32.14 Subdivision 1. Qualifying jobs. "Covered correctional service" means service
32.15performed by a state employee, as defined in section
32.16correctional facility, the
32.17program, or the Minnesota sex offender program as:
32.18(1) a corrections officer 1;
32.19(2) a corrections officer 2;
32.20(3) a corrections officer 3;
32.21(4) a corrections officer supervisor;
32.22(5) a corrections lieutenant;
32.23(6) a corrections captain;
32.24(7) a security counselor;
32.25(8) a security counselor lead; or
32.26(9) a corrections canine officer.
32.27 Sec. 3. Minnesota Statutes 2012, section 352.91, subdivision 2, is amended to read:
32.28 Subd. 2. Maintenance, correctional industry, and trades. "Covered correctional
32.29service" also means service rendered at any time by state employees as maintenance
32.30personnel, correctional industry personnel, or members of trades certified by the
32.31commissioner of management and budget to the executive director as being engaged for at
32.32least 75 percent of the employee's working time in the rehabilitation, treatment, custody,
32.33or supervision of inmates at a Minnesota correctional facility, or of patients
33.1
33.2sex offender program.
33.3 Sec. 4. Minnesota Statutes 2012, section 352.91, subdivision 3c, is amended to read:
33.4 Subd. 3c. Nursing personnel. (a) "Covered correctional service" means service
33.5by a state employee in one of the employment positions at a correctional facility
33.6in the
33.7Minnesota sex offender program that are specified in paragraph (b) if at least 75 percent of
33.8the employee's working time is spent in direct contact with inmates or patients and the fact
33.9of this direct contact is certified to the executive director by the appropriate commissioner.
33.10(b) The employment positions are as follows:
33.11(1) registered nurse - senior;
33.12(2) registered nurse;
33.13(3) registered nurse - principal;
33.14(4) licensed practical nurse
33.15(5) registered nurse advance practice; and
33.16(6) psychiatric advance practice registered nurse.
33.17EFFECTIVE DATE.This section is effective the day following final enactment.
33.18 Sec. 5. Minnesota Statutes 2012, section 352.91, subdivision 3d, is amended to read:
33.19 Subd. 3d. Other correctional personnel. (a) "Covered correctional service"
33.20means service by a state employee in one of the employment positions at a correctional
33.21facility or
33.22 specified in paragraph (b) if at least 75 percent of the employee's working time is spent
33.23in direct contact with inmates or patients and the fact of this direct contact is certified to
33.24the executive director by the appropriate commissioner.
33.25 (b) The employment positions are:
33.26 (1) automotive mechanic;
33.27(2) baker;
33.28 (3) central services administrative specialist, intermediate;
33.29 (4) central services administrative specialist, principal;
33.30 (5) chaplain;
33.31 (6) chief cook;
33.32 (7) clinical program therapist 1;
33.33(8) clinical program therapist 2;
33.34(9) clinical program therapist 3;
34.1(10) clinical program therapist 4;
34.2(11) cook;
34.3 (12) cook coordinator;
34.4 (13) corrections inmate program coordinator;
34.5 (14) corrections transitions program coordinator;
34.6 (15) corrections security caseworker;
34.7 (16) corrections security caseworker career;
34.8 (17) corrections teaching assistant;
34.9 (18) delivery van driver;
34.10 (19) dentist;
34.11 (20) electrician supervisor;
34.12 (21) general maintenance worker lead;
34.13 (22) general repair worker;
34.14 (23) library/information research services specialist;
34.15 (24) library/information research services specialist senior;
34.16 (25) library technician;
34.17 (26) painter lead;
34.18 (27) plant maintenance engineer lead;
34.19 (28) plumber supervisor;
34.20 (29) psychologist 1;
34.21 (30) psychologist 3;
34.22 (31) recreation therapist;
34.23 (32) recreation therapist coordinator;
34.24 (33) recreation program assistant;
34.25 (34) recreation therapist senior;
34.26 (35) sports medicine specialist;
34.27 (36) work therapy assistant;
34.28 (37) work therapy program coordinator; and
34.29 (38) work therapy technician.
34.30 Sec. 6. Minnesota Statutes 2012, section 352.91, subdivision 3e, is amended to read:
34.31 Subd. 3e. Minnesota Specialty Health System-Cambridge. (a) "Covered
34.32correctional service" means service by a state employee in one of the employment positions
34.33with the Minnesota Specialty Health System-Cambridge specified in paragraph (b) if at
34.34least 75 percent of the employee's working time is spent in direct contact with patients
35.1who are in the Minnesota Specialty Health System-Cambridge and if service in such a
35.2position is certified to the executive director by the commissioner of human services.
35.3 (b) The employment positions are:
35.4 (1) behavior analyst 1;
35.5 (2) behavior analyst 2;
35.6 (3) behavior analyst 3;
35.7 (4) group supervisor;
35.8 (5) group supervisor assistant;
35.9 (6) human services support specialist;
35.10 (7) residential program lead;
35.11 (8) psychologist 2;
35.12 (9) recreation program assistant;
35.13 (10) recreation therapist senior;
35.14 (11) registered nurse senior;
35.15 (12) skills development specialist;
35.16 (13) social worker senior;
35.17 (14) social worker specialist; and
35.18 (15) speech pathology specialist.
35.19(c) A Department of Human Services employee who was employed at the Minnesota
35.20Specialty Health System-Cambridge immediately preceding the 2014 conversion to the
35.21community-based homes and was in covered correctional service at the time of the
35.22transition shall continue to be covered by the correctional employee retirement plan while
35.23employed and without a break in service with the Department of Human Services in the
35.24direct care and treatment services administration.
35.25 Sec. 7. Minnesota Statutes 2012, section 352.91, subdivision 3f, is amended to read:
35.26 Subd. 3f. Additional Department of Human Services personnel. (a) "Covered
35.27correctional service" means service by a state employee in one of the employment
35.28positions specified in paragraph (b)
35.29forensic services program or
35.30percent of the employee's working time is spent in direct contact with patients and
35.31the determination of this direct contact is certified to the executive director by the
35.32commissioner of human services.
35.33 (b) The employment positions are:
35.34 (1) behavior analyst 2;
35.35 (2) behavior analyst 3;
36.1 (3) certified occupational therapy assistant 1;
36.2 (4) certified occupational therapy assistant 2;
36.3 (5) chemical dependency counselor senior;
36.4 (6) client advocate;
36.5 (7) clinical program therapist 2;
36.6
36.7
36.8
36.9
36.10
36.11
36.12
36.13
36.14
36.15
36.16
36.17
36.18
36.19
36.20
36.21
36.22
36.23
36.24
36.25
36.26
36.27
36.28
36.29
36.30
36.31
36.32
36.33
36.34 Sec. 8. Minnesota Statutes 2012, section 352.91, is amended by adding a subdivision
36.35to read:
37.1 Subd. 3j. State-operated forensic services program. For purposes of this section,
37.2"state-operated forensic services program" means the Minnesota Security Hospital, the
37.3forensic nursing home, the forensic transition service, and the competency restoration
37.4program.
37.7 Section 1. Minnesota Statutes 2012, section 13.632, subdivision 1, is amended to read:
37.8 Subdivision 1. Beneficiary and survivor data. The following data on beneficiaries
37.9and survivors of the St. Paul Teachers Retirement Fund Association
37.10
37.11address, date of birth, direct deposit number, and tax withholding data.
37.12 Sec. 2. Minnesota Statutes 2012, section 122A.18, subdivision 7a, is amended to read:
37.13 Subd. 7a. Permission to substitute teach. (a) The Board of Teaching may allow a
37.14person who is enrolled in and making satisfactory progress in a board-approved teacher
37.15program and who has successfully completed student teaching to be employed as a
37.16short-call substitute teacher.
37.17(b) The Board of Teaching may issue a lifetime qualified short-call substitute
37.18teaching license to a person who:
37.19(1) was a qualified teacher under section
37.20five-year teaching license issued by the board, and receives a retirement annuity from the
37.21Teachers Retirement Association
37.22 or the St. Paul Teachers Retirement Fund Association
37.23
37.24(2) holds an out-of-state teaching license and receives a retirement annuity as a
37.25result of the person's teaching experience; or
37.26(3) held a continuing five-year license issued by the board, taught at least three
37.27school years in an accredited nonpublic school in Minnesota, and receives a retirement
37.28annuity as a result of the person's teaching experience.
37.29A person holding a lifetime qualified short-call substitute teaching license is not required
37.30to complete continuing education clock hours. A person holding this license may reapply
37.31to the board for a continuing five-year license and must again complete continuing
37.32education clock hours one school year after receiving the continuing five-year license.
38.1 Sec. 3. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b, is
38.2amended to read:
38.3 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
38.4to participate as members of the association with retirement coverage by the general
38.5employees retirement plan, the local government correctional employees retirement plan
38.6under chapter 353E, or the public employees police and fire retirement plan:
38.7 (1) persons whose salary from one governmental subdivision never exceeds $425 in
38.8a month;
38.9(2) public officers who are elected to a governing body, city mayors, or persons who
38.10are appointed to fill a vacancy in an elective office of a governing body, whose term of office
38.11commences on or after July 1, 2002, for the service to be rendered in that elective position;
38.12 (3) election officers or election judges;
38.13 (4) patient and inmate personnel who perform services for a governmental
38.14subdivision;
38.15 (5) except as otherwise specified in subdivision 12a, employees who are hired for
38.16a temporary position as defined under subdivision 12a, and employees who resign from
38.17a nontemporary position and accept a temporary position within 30 days in the same
38.18governmental subdivision;
38.19 (6) employees who are employed by reason of work emergency caused by fire,
38.20flood, storm, or similar disaster;
38.21 (7) employees who by virtue of their employment in one governmental subdivision
38.22are required by law to be a member of and to contribute to any of the plans or funds
38.23administered by the Minnesota State Retirement System, the Teachers Retirement
38.24Association,
38.25Retirement Fund Association. This clause must not be construed to prevent a person from
38.26being a member of and contributing to the Public Employees Retirement Association and
38.27also belonging to and contributing to another public pension plan or fund for other service
38.28occurring during the same period of time. A person who meets the definition of "public
38.29employee" in subdivision 2 by virtue of other service occurring during the same period of
38.30time becomes a member of the association unless contributions are made to another public
38.31retirement fund on the salary based on the other service or to the Teachers Retirement
38.32Association by a teacher as defined in section
38.33 (8) persons who are members of a religious order and are excluded from coverage
38.34under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
38.35performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
39.1as amended through January 1, 1987, if no irrevocable election of coverage has been made
39.2under section 3121(r) of the Internal Revenue Code of 1954, as amended;
39.3 (9) employees of a governmental subdivision who have not reached the age of
39.423 and are enrolled on a full-time basis to attend or are attending classes on a full-time
39.5basis at an accredited school, college, or university in an undergraduate, graduate, or
39.6professional-technical program, or a public or charter high school;
39.7 (10) resident physicians, medical interns, and pharmacist residents and pharmacist
39.8interns who are serving in a degree or residency program in public hospitals or clinics;
39.9 (11) students who are serving for up to five years in an internship or residency program
39.10sponsored by a governmental subdivision, including an accredited educational institution;
39.11 (12) persons who hold a part-time adult supplementary technical college license who
39.12render part-time teaching service in a technical college;
39.13 (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
39.14foreign citizens who are employed by a governmental subdivision under a work permit, or
39.15an H-1b visa initially issued or extended for a combined period less than three years of
39.16employment. Upon extension of the employment beyond the three-year period, the foreign
39.17citizens must be reported for membership beginning the first of the month thereafter
39.18provided the monthly earnings threshold as provided under subdivision 2a is met;
39.19 (14) public hospital employees who elected not to participate as members of the
39.20association before 1972 and who did not elect to participate from July 1, 1988, to October
39.211, 1988;
39.22 (15) except as provided in section
39.23defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
39.24may still qualify as public employees under subdivision 2 and may be members of the
39.25Public Employees Retirement Association and participants in the general employees
39.26retirement plan or the public employees police and fire plan, whichever applies, on the
39.27basis of compensation received from public employment service other than service as
39.28volunteer ambulance service personnel;
39.29 (16) except as provided in section
39.30subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
39.31but a person who is a volunteer firefighter may still qualify as a public employee under
39.32subdivision 2 and may be a member of the Public Employees Retirement Association and
39.33a participant in the general employees retirement plan or the public employees police
39.34and fire plan, whichever applies, on the basis of compensation received from public
39.35employment activities other than those as a volunteer firefighter;
40.1 (17) pipefitters and associated trades personnel employed by Independent School
40.2District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
40.3pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
40.4if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
40.5241, article 2, section 12;
40.6 (18) electrical workers, plumbers, carpenters, and associated trades personnel who
40.7are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
40.8who have retirement coverage under a collective bargaining agreement by the Electrical
40.9Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
40.10or the pension plan applicable to Carpenters Local 87 who were either first employed after
40.11May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
40.12Laws 2000, chapter 461, article 7, section 5;
40.13 (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
40.14painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
40.15or Independent School District No. 625, St. Paul, with coverage under a collective
40.16bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
40.17the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
40.18pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
40.19Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
40.20first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
40.21Session chapter 10, article 10, section 6;
40.22 (20) plumbers who are employed by the Metropolitan Airports Commission, with
40.23coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
40.24who either were first employed after May 1, 2001, or if first employed before May 2,
40.252001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
40.2610, section 6;
40.27 (21) employees who are hired after June 30, 2002, to fill seasonal positions under
40.28subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
40.29days or less in each year of employment with the governmental subdivision;
40.30 (22) persons who are provided supported employment or work-study positions by a
40.31governmental subdivision and who participate in an employment or industries program
40.32maintained for the benefit of these persons where the governmental subdivision limits the
40.33position's duration to up to five years, including persons participating in a federal or state
40.34subsidized on-the-job training, work experience, senior citizen, youth, or unemployment
40.35relief program where the training or work experience is not provided as a part of, or
40.36for, future permanent public employment;
41.1 (23) independent contractors and the employees of independent contractors;
41.2 (24) reemployed annuitants of the association during the course of that
41.3reemployment; and
41.4(25) persons appointed to serve on a board or commission of a governmental
41.5subdivision or an instrumentality thereof.
41.6(b) Any person performing the duties of a public officer in a position defined in
41.7subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
41.8employee of an independent contractor.
41.9 Sec. 4. Minnesota Statutes 2012, section 354.05, subdivision 2, is amended to read:
41.10 Subd. 2. Teacher. (a) "Teacher" means:
41.11(1) a person who renders service as a teacher, supervisor, principal, superintendent,
41.12librarian, nurse, counselor, social worker, therapist, or psychologist in a public school of
41.13the state located outside of the corporate limits of
41.14or in any charter school, irrespective of the location of the school, or in any charitable,
41.15penal, or correctional institutions of a governmental subdivision, or who is engaged in
41.16educational administration in connection with the state public school system, but excluding
41.17the University of Minnesota, whether the position be a public office or an employment, and
41.18not including the members or officers of any general governing or managing board or body;
41.19(2) an employee of the Teachers Retirement Association;
41.20(3) a person who renders teaching service on a part-time basis and who also renders
41.21other services for a single employing unit. A person whose teaching service comprises at
41.22least 50 percent of the combined employment salary is a member of the association for all
41.23services with the single employing unit. If the person's teaching service comprises less
41.24than 50 percent of the combined employment salary, the executive director must determine
41.25whether all or none of the combined service is covered by the association; or
41.26(4) a person who is not covered by the plans established under chapter 352D, 354A,
41.27or 354B and who is employed by the Board of Trustees of the Minnesota State Colleges
41.28and Universities system in an unclassified position as:
41.29(i) a president, vice-president, or dean;
41.30(ii) a manager or a professional in an academic or an academic support program
41.31other than specified in item (i);
41.32(iii) an administrative or a service support faculty position; or
41.33(iv) a teacher or a research assistant.
41.34(b) "Teacher" does not mean:
42.1(1) a person who works for a school or institution as an independent contractor as
42.2defined by the Internal Revenue Service;
42.3(2) a person who renders part-time teaching service or who is a customized trainer
42.4as defined by the Minnesota State Colleges and Universities system if (i) the service is
42.5incidental to the regular nonteaching occupation of the person; and (ii) the employer
42.6stipulates annually in advance that the part-time teaching service or customized training
42.7service will not exceed 300 hours in a fiscal year and retains the stipulation in its records;
42.8and (iii) the part-time teaching service or customized training service actually does not
42.9exceed 300 hours in a fiscal year; or
42.10(3) a person exempt from licensure under section
42.11 Sec. 5. Minnesota Statutes 2012, section 354.05, subdivision 13, is amended to read:
42.12 Subd. 13. Allowable service. "Allowable service" means:
42.13 (1) any service rendered by a teacher for which on or before July 1, 1957, the
42.14teacher's account in the retirement fund was credited by reason of employee contributions
42.15in the form of salary deductions, payments in lieu of salary deductions, or in any other
42.16manner authorized by Minnesota Statutes 1953, sections 135.01 to 135.13, as amended by
42.17Laws 1955, chapters 361, 549, 550, 611
42.18 (2) any service rendered by a teacher for which on or before July 1, 1961, the teacher
42.19elected to obtain credit for service by making payments to the fund
42.20Minnesota Statutes 1980, section 354.09 and section
42.21 (3) any service rendered by a teacher after July 1, 1957, for any calendar month
42.22when the member receives salary from which deductions are made, deposited and credited
42.23in the fund
42.24 (4) any service rendered by a person after July 1, 1957, for any calendar month where
42.25payments in lieu of salary deductions are made, deposited and credited into the fund as
42.26provided in Minnesota Statutes 1980, section 354.09, subdivision 4, and section
42.27 (5) any service rendered by a teacher for which the teacher elected to obtain credit
42.28for service by making payments to the fund
42.29section 354.09, subdivisions 1 and 4, sections 354.50, 354.51, Minnesota Statutes 1957,
42.30section 135.41, subdivision 4, Minnesota Statutes 1971, section 354.09, subdivision 2, or
42.31Minnesota Statutes, 1973 Supplement, section 354.09, subdivision 3
42.32 (6) both service during years of actual membership in the course of which
42.33contributions were currently made and service in years during which the teacher was not a
42.34member but for which the teacher later elected to obtain credit by making payments to the
42.35fund as permitted by any law then in effect
43.1 (7) any service rendered where contributions were made and no credit was
43.2established because of the limitations contained in Minnesota Statutes 1957, section
43.3135.09, subdivision 2, as determined by the ratio between the amounts of money credited
43.4to the teacher's account in a fiscal year and the maximum retirement contribution allowable
43.5for that year
43.6 (8) MS 2002 [Expired]
43.7 (9) a period of time during which a teacher was on strike without pay, not to exceed a
43.8period of one year, if payment in lieu of salary deductions is made under section
43.9 (10) a period of service before July 1, 2006, that was properly credited as allowable
43.10service by the Minneapolis Teachers Retirement Fund Association, and that was rendered
43.11by a teacher as an employee of Special School District No. 1, Minneapolis, or by an
43.12employee of the Minneapolis Teachers Retirement Fund Association who was a member
43.13of the Minneapolis Teachers Retirement Fund Association by virtue of that employment,
43.14who has not begun receiving an annuity or other retirement benefit from the former
43.15Minneapolis Teachers Retirement Fund Association calculated in whole or in part on that
43.16service before July 1, 2006, and who has not taken a refund of member contributions
43.17related to that service unless the refund is repaid under section
43.18Service as an employee of Special School District No. 1, Minneapolis, on or after July 1,
43.192006, is "allowable service" only as provided by this chapter
43.20(11) a period of service before July 1, 2015, that was properly credited as allowable
43.21service by the Duluth Teachers Retirement Fund Association, and that was rendered
43.22by a teacher as an employee of Independent School District No. 709, Duluth, or by an
43.23employee of the Duluth Teachers Retirement Fund Association who was a member of the
43.24Duluth Teachers Retirement Fund Association by virtue of that employment, who has not
43.25begun receiving an annuity or other retirement benefit from the former Duluth Teachers
43.26Retirement Fund Association calculated in whole or in part on that service before July
43.271, 2015, and who has not taken a refund of member contributions related to that service
43.28unless the refund is repaid under section
43.29of Independent School District No. 709, Duluth, on or after July 1, 2015, is "allowable
43.30service" only as provided by this chapter.
43.31 Sec. 6. Minnesota Statutes 2012, section 354.42, subdivision 2, is amended to read:
43.32 Subd. 2. Employee contribution. (a)
43.33contribution to the fund is the following percentage of the member's salary:
44.5
44.6
44.12
44.13contribution rate is effective for the entire salary paid for each employer unit with the
44.14first payroll cycle reported.
44.15
44.16subdivisions 4a, 4b, and 4c, the employee contributions under paragraphs (a) and (b) must
44.17be adjusted accordingly.
44.18
44.19of a member's salary is paid from other than public funds, the member's employee
44.20contribution must be based on the entire salary received.
44.21 Sec. 7. Minnesota Statutes 2012, section 354.42, subdivision 3, is amended to read:
44.22 Subd. 3. Employer. (a) The regular employer contribution to the fund by Special
44.23School District No. 1, Minneapolis, is an amount equal to the applicable following
44.24percentage of salary of each coordinated member and the applicable
44.25of salary of each basic member
44.32The additional employer contribution to the fund by Special School District No. 1,
44.33Minneapolis, is an amount equal to 3.64 percent of the salary of each teacher who is a
44.34coordinated member or who is a basic member.
45.1(b) The regular employer contribution to the fund by Independent School District
45.2No. 709, Duluth, is an amount equal to the applicable percentage of salary of each old law
45.3or new law coordinated member specified for the coordinated program in paragraph (c).
45.4
45.5equal to the applicable following percentage of the salary of each coordinated member and
45.6the applicable following percentage of the salary of each basic member:
45.13
45.14contribution rate is effective for the entire salary paid for each employer unit with the
45.15first payroll cycle reported.
45.16
45.174a, 4b, and 4c, the employer contributions under paragraphs (a)
45.18be adjusted accordingly.
45.19 Sec. 8. Minnesota Statutes 2013 Supplement, section 354.436, is amended to read:
45.20354.436 DIRECT STATE AID ON BEHALF OF THE FORMER
45.21
45.22
45.23 Subdivision 1. Aid authorization. The state shall pay $12,954,000 to the Teachers
45.24Retirement Association on behalf of the former Minneapolis Teachers Retirement Fund
45.25Association and shall pay $14,377,000 during fiscal year 2015 to the Teachers Retirement
45.26Association for the credit of the Duluth Teachers Retirement Fund Association and, after
45.27fiscal year 2015, shall pay $14,377,000 on behalf of the Duluth Teachers Retirement
45.28Fund Association.
45.29 Subd. 2. Aid appropriation. The commissioner of management and budget shall
45.30pay the aid amounts under subdivision 1 annually on October 1. The amount required
45.31is appropriated annually from the general fund to the commissioner of management and
45.32budget.
45.33 Subd. 3. Aid expiration. The aid amounts specified in this section
45.34 terminate and this section expires on the October 1 next following the later of the
45.35following dates: (1) when the current assets of the Teachers Retirement Association fund
45.36equal or exceed the actuarial accrued liabilities of the fund as determined in the most
46.1recent actuarial valuation report for the Teachers Retirement Association fund by the
46.2actuary retained under section
46.3
46.4employer contribution rates are first determined to be eligible for a reduction under section
46.5354.42, subdivisions 4a, 4b, 4c, and 4d.
46.6 Sec. 9. Minnesota Statutes 2013 Supplement, section 354.44, subdivision 6, is
46.7amended to read:
46.8 Subd. 6. Computation of formula program retirement annuity. (a) The formula
46.9retirement annuity must be computed in accordance with the applicable provisions of the
46.10formulas stated in paragraph (b) or (d) on the basis of each member's average salary under
46.11section
46.12 (b) This paragraph, in conjunction with paragraph (c), applies to a person who first
46.13became a member of the association or a member of a pension fund listed in section
46.15paragraph (e), produces a higher annuity amount, in which case paragraph (d) applies. The
46.16average salary as defined in section
46.17percentages per year of formula service credit shall determine the amount of the annuity to
46.18which the member qualifying therefor is entitled for service rendered before July 1, 2006:
46.24 For service rendered on or after July 1, 2006, by a member other than a member
46.25who was a member of the former Duluth Teachers Retirement Fund Association between
46.26January 1, 2006, and June 30, 2015, and for service rendered on or after July 1, 2013, by a
46.27member who was a member of the former Duluth Teachers Retirement Fund Association
46.28between January 1, 2013, and June 30, 2015, the average salary as defined in section
46.30determines the amount the annuity to which the member qualifying therefor is entitled:
46.36 (c)(i) This paragraph applies only to a person who first became a member of the
46.37association or a member of a pension fund listed in section
47.1July 1, 1989, and whose annuity is higher when calculated under paragraph (b), in
47.2conjunction with this paragraph than when calculated under paragraph (d), in conjunction
47.3with paragraph (e).
47.4 (ii) Where any member retires prior to normal retirement age under a formula
47.5annuity, the member shall be paid a retirement annuity in an amount equal to the normal
47.6annuity provided in paragraph (b) reduced by one-quarter of one percent for each month
47.7that the member is under normal retirement age at the time of retirement except that for
47.8any member who has 30 or more years of allowable service credit, the reduction shall be
47.9applied only for each month that the member is under age 62.
47.10 (iii) Any member whose attained age plus credited allowable service totals 90 years
47.11is entitled, upon application, to a retirement annuity in an amount equal to the normal
47.12annuity provided in paragraph (b), without any reduction by reason of early retirement.
47.13 (d) This paragraph applies to a member who has become at least 55 years old and
47.14first became a member of the association after June 30, 1989, and to any other member
47.15who has become at least 55 years old and whose annuity amount when calculated under
47.16this paragraph and in conjunction with paragraph (e), is higher than it is when calculated
47.17under paragraph (b), in conjunction with paragraph (c). For a basic member, the average
47.18salary, as defined in section
47.19year of service for a basic member determines the amount of the retirement annuity to
47.20which the basic member is entitled. The annuity of a basic member who was a member of
47.21the former Minneapolis Teachers Retirement Fund Association as of June 30, 2006, must
47.22be determined according to the annuity formula under the articles of incorporation of the
47.23former Minneapolis Teachers Retirement Fund Association in effect as of that date. For a
47.24coordinated member, the average salary, as defined in section
47.25multiplied by 1.7 percent for each year of service rendered before July 1, 2006, and by 1.9
47.26percent for each year of service rendered on or after July 1, 2006, for a member other than
47.27a member who was a member of the former Duluth Teachers Retirement Fund Association
47.28between January 1, 2006, and June 30, 2015, and by 1.9 percent for each year of service
47.29rendered on or after July 1, 2013, for a member of the former Duluth Teachers Retirement
47.30Fund Association between January 1, 2013, and June 30, 2015, determines the amount of
47.31the retirement annuity to which the coordinated member is entitled.
47.32 (e) This paragraph applies to a person who has become at least 55 years old and first
47.33becomes a member of the association after June 30, 1989, and to any other member who
47.34has become at least 55 years old and whose annuity is higher when calculated under
47.35paragraph (d) in conjunction with this paragraph than when calculated under paragraph
47.36(b), in conjunction with paragraph (c). An employee who retires under the formula annuity
48.1before the normal retirement age shall be paid the normal annuity provided in paragraph
48.2(d) reduced so that the reduced annuity is the actuarial equivalent of the annuity that
48.3would be payable to the employee if the employee deferred receipt of the annuity and the
48.4annuity amount were augmented at an annual rate of three percent compounded annually
48.5from the day the annuity begins to accrue until the normal retirement age if the employee
48.6became an employee before July 1, 2006, and at 2.5 percent compounded annually if the
48.7employee becomes an employee after June 30, 2006. Except in regards to section
48.8this paragraph remains in effect until June 30, 2015.
48.9(f) After June 30, 2020, this paragraph applies to a person who has become at least
48.1055 years old and first becomes a member of the association after June 30, 1989, and to any
48.11other member who has become at least 55 years old and whose annuity is higher when
48.12calculated under paragraph (d) in conjunction with this paragraph than when calculated
48.13under paragraph (b) in conjunction with paragraph (c). An employee who retires under
48.14the formula annuity before the normal retirement age is entitled to receive the normal
48.15annuity provided in paragraph (d). For a person who is at least age 62 or older and has at
48.16least 30 years of service, the annuity must be reduced by an early reduction factor of six
48.17percent per year of the annuity that would be payable to the employee if the employee
48.18deferred receipt of the annuity and the annuity amount were augmented at an annual rate
48.19of three percent compounded annually from the day the annuity begins to accrue until the
48.20normal retirement age if the employee became an employee before July 1, 2006, and at 2.5
48.21percent compounded annually if the employee became an employee after June 30, 2006.
48.22For a person who is not at least age 62 or older and does not have at least 30 years of
48.23service, the annuity would be reduced by an early reduction factor of four percent per year
48.24for ages 55 through 59 and seven percent per year of the annuity that would be payable
48.25to the employee if the employee deferred receipt of the annuity and the annuity amount
48.26were augmented at an annual rate of three percent compounded annually from the day
48.27the annuity begins to accrue until the normal retirement age if the employee became an
48.28employee before July 1, 2006, and at 2.5 percent compounded annually if the employee
48.29became an employee after June 30, 2006.
48.30(g) After June 30, 2015, and before July 1, 2020, for a person who would have
48.31a reduced retirement annuity under either paragraph (e) or (f) if they were applicable,
48.32the employee is entitled to receive a reduced annuity which must be calculated using
48.33a blended reduction factor augmented monthly by 1/60 of the difference between the
48.34reduction required under paragraph (e) and the reduction required under paragraph (f).
48.35 (h) No retirement annuity is payable to a former employee with a salary that exceeds
48.3695 percent of the governor's salary unless and until the salary figures used in computing
49.1the highest five successive years average salary under paragraph (a) have been audited by
49.2the Teachers Retirement Association and determined by the executive director to comply
49.3with the requirements and limitations of section
49.4 Sec. 10. [354.73] RETIREMENT COVERAGE RELATED TO THE FORMER
49.5DULUTH TEACHERS RETIREMENT FUND ASSOCIATION.
49.6 Subdivision 1. Application. This section applies to the retirement coverage of
49.7members of the former Duluth Teachers Retirement Fund Association transferred to the
49.8Teachers Retirement Association by section 46.
49.9 Subd. 2. Teachers Retirement Association as successor in interest. The Teachers
49.10Retirement Association is the successor in interest to all claims which the former Duluth
49.11Teachers Retirement Fund Association may have or may have been able to assert against
49.12any person on June 30, 2015, and is the successor in interest to all claims which could
49.13have been asserted against the former Duluth Teachers Retirement Fund Association,
49.14subject to the following:
49.15(1) the Teachers Retirement Association is not liable for any claim against the
49.16Duluth Teachers Retirement Fund Association, its former board or board members, which
49.17is founded upon a claim of breach of fiduciary duty, where the act or acts constituting the
49.18claimed breach were not done in good faith;
49.19(2) the Teachers Retirement Association may assert any applicable defense to
49.20any claim in any judicial or administrative proceeding that the former Duluth Teachers
49.21Retirement Fund Association or its board would otherwise have been entitled to assert;
49.22(3) the Teachers Retirement Association may assert any applicable defense that it
49.23may assert in its capacity as a statewide agency; and
49.24(4) the Teachers Retirement Association shall indemnify any former fiduciary of the
49.25Duluth Teachers Retirement Fund Association consistent with section
49.26 Subd. 3. Benefit calculation. (a) For every deferred, inactive, disabled, and
49.27retired member of the Duluth Teachers Retirement Fund Association transferred under
49.28subdivision 1, and the survivors of these members, annuities or benefits earned before July
49.291, 2015, other than future postretirement adjustments, must be calculated and paid by the
49.30Teachers Retirement Association under the laws, articles of incorporation, and bylaws of
49.31the former Duluth Teachers Retirement Fund Association that were in effect relative to
49.32the person on the date of the person's termination of active service covered by the former
49.33Duluth Teachers Retirement Fund Association.
49.34(b) Former Duluth Teachers Retirement Fund Association members who retired
49.35before July 1, 2015, must receive postretirement adjustments after January 1, 2015, only
50.1as provided in section
50.2Retirement Fund Association must receive postretirement adjustments after December 31,
50.32015, only as provided in section
50.4(c) This consolidation does not impair or diminish benefits for an active, deferred,
50.5or retired member or a survivor of an active, deferred, or retired member under the
50.6former Duluth Teachers Retirement Fund Association in existence at the time of the
50.7consolidation, except that any future postretirement adjustments must be paid after July 1,
50.82015, in accordance with paragraph (b), and all benefits based on service on or after July
50.91, 2015, must be determined only by laws governing the Teachers Retirement Association.
50.10 Sec. 11. Minnesota Statutes 2012, section 354A.011, subdivision 11, is amended to read:
50.11 Subd. 11. Coordinated member. "Coordinated member" means any member of the
50.12teachers retirement fund association who is covered by any agreement or modification
50.13made between the state and the Secretary of Health, Education and Welfare making the
50.14provisions of the federal Old Age, Survivors and Disability Insurance Act applicable
50.15to certain teachers
50.16
50.17
50.18
50.19
50.20 Sec. 12. Minnesota Statutes 2012, section 354A.011, subdivision 15a, is amended to
50.21read:
50.22 Subd. 15a. Normal retirement age. "Normal retirement age" means age 65 for a
50.23person who first became a member of the coordinated program of the St. Paul Teachers
50.24Retirement Fund Association
50.25
50.26subdivision 3
50.27coordinated program of the St. Paul Teachers Retirement Fund Association
50.28
50.291989, normal retirement age means the higher of age 65 or retirement age, as defined in
50.30United States Code, title 42, section 416(l), as amended, but not to exceed age 66. For a
50.31person who is a member of the basic program of the St. Paul Teachers Retirement Fund
50.32Association
50.33
50.34a normal retirement annuity computed upon meeting the age and service requirements
51.1specified in the applicable provisions of the articles of incorporation or bylaws of the
51.2
51.3 Sec. 13. Minnesota Statutes 2012, section 354A.011, subdivision 27, is amended to read:
51.4 Subd. 27. Teacher. (a) "Teacher" means any person who renders service for a public
51.5school district, other than a charter school, located in the corporate limits of
51.6 St. Paul, as any of the following:
51.7(1) a full-time employee in a position for which a valid license from the state
51.8Department of Education is required;
51.9(2) an employee of the teachers retirement fund association located in the city of
51.10
51.11(3) a part-time employee in a position for which a valid license from the state
51.12Department of Education is required; or
51.13(4) a part-time employee in a position for which a valid license from the state
51.14Department of Education is required who also renders other nonteaching services for the
51.15school district, unless the board of trustees of the teachers retirement fund association
51.16determines that the combined employment is on the whole so substantially dissimilar to
51.17teaching service that the service may not be covered by the association.
51.18(b) The term does not mean any person who renders service in the school district
51.19as any of the following:
51.20(1) an independent contractor or the employee of an independent contractor;
51.21(2) an employee who is a full-time teacher covered by the Teachers Retirement
51.22Association
51.23
51.24(3) an employee who is exempt from licensure pursuant to section
51.25(4) an employee who is a teacher in a technical college located in a city of the first
51.26class unless the person elects coverage by the
51.27fund association under section
51.28(5) a teacher employed by a charter school, irrespective of the location of the
51.29school; or
51.30(6) an employee who is a part-time teacher in a technical college in
51.31
51.32retirement fund association under section
51.33service is incidental to the regular nonteaching occupation of the person; (ii) the applicable
51.34technical college stipulates annually in advance that the part-time teaching service will not
52.1exceed 300 hours in a fiscal year; and (iii) the part-time teaching actually does not exceed
52.2300 hours in the fiscal year to which the certification applies.
52.3 Sec. 14. Minnesota Statutes 2012, section 354A.021, subdivision 1, is amended to read:
52.4 Subdivision 1. Establishment. There is established a teachers retirement fund
52.5association in
52.6 association is known
52.7
52.8 is a continuation of the teachers retirement fund association with the same corporate
52.9name established
52.10343, section 1.
52.11 Sec. 15. [354A.022] AUTHORIZATION TO CERTIFY FUNDS TO STATE
52.12BOARD OF INVESTMENT.
52.13 Subdivision 1. Certification of funds to State Board of Investment. The chief
52.14administrative officer of the Duluth Teachers Retirement Fund Association, from time
52.15to time, may certify to the State Board of Investment those portions of the assets of the
52.16retirement plan that are not needed for administrative expenses or benefit payments.
52.17Assets certified to the State Board of Investment must be invested under sections 11A.14
52.18and 11A.23. The chief administrative officer of the Duluth Teachers Retirement Fund
52.19Association may certify assets for withdrawal from the State Board of Investment only
52.20to make benefit payments or to pay administrative expenses or investment expenses of
52.21existing direct real estate holdings or assets that are noncompliant with State Board of
52.22Investment objectives or limitations.
52.23 Subd. 2. Investment of certified funds. Assets certified to the State Board of
52.24Investment are deemed to be from a covered retirement fund required to be invested by
52.25the State Board of Investment under section 11A.23.
52.26 Subd. 3. Expiration. This section expires June 30, 2015, if the consolidation
52.27provisions receive the local approvals in section 49 and all other requirements of section
52.2849 are met.
52.29 Sec. 16. Minnesota Statutes 2012, section 354A.092, is amended to read:
52.30354A.092 SABBATICAL LEAVE.
52.31Any teacher in the coordinated program of the St. Paul Teachers Retirement Fund
52.32Association
52.33
53.1receive allowable service credit in the
53.2leave. To obtain the service credit, the teacher on sabbatical leave shall make an employee
53.3contribution to the
53.4than three years of allowable service credit
53.5periods of sabbatical leave during any ten consecutive
53.6
53.7sabbatical leave makes the employee contribution for a period of sabbatical leave
53.8
53.9the teacher to the
53.10described in section
53.11
53.12for other active members of the association covered by the same program applied to a salary
53.13figure equal to the teacher's actual covered salary for the plan year immediately preceding
53.14the sabbatical leave period. Payment of the employee contribution authorized
53.15
53.16next following the year in which the sabbatical leave terminated and
53.17without interest. For sabbatical leaves taken after June 30, 1986, the required employer
53.18contributions
53.19the association of the amount due. If the employee contributions for the sabbatical leave
53.20period are less than an amount equal to the applicable contribution rate applied to a salary
53.21figure equal to the teacher's actual covered salary for the plan year immediately preceding
53.22the sabbatical leave period, service credit
53.23credit
53.24which was made and the full contribution amount payable
53.25 Sec. 17. Minnesota Statutes 2012, section 354A.093, subdivision 1, is amended to read:
53.26 Subdivision 1. Eligibility. Any teacher in the coordinated program of the St. Paul
53.27Teachers Retirement Fund Association
53.28
53.29reason of service in the uniformed services as defined in United States Code, title 38,
53.30section 4303(13) and who returns to the employer providing active teaching service upon
53.31discharge from uniformed service within the time frames required under United States
53.32Code, title 38, section 4312(e), may receive allowable service credit in the
53.33 association for all or a portion of the period of uniformed service, provided that the teacher
53.34did not separate from uniformed service with a dishonorable or bad conduct discharge
53.35or under other than honorable conditions.
54.1 Sec. 18. Minnesota Statutes 2012, section 354A.096, is amended to read:
54.2354A.096 MEDICAL LEAVE.
54.3Any teacher in the coordinated program of the St. Paul Teachers Retirement Fund
54.4Association
54.5
54.6teaching service is entitled to receive allowable service credit, not to exceed one year, for
54.7the period of leave, upon making the prescribed payment to the fund. This payment must
54.8include the required employee and employer contributions at the rates specified in section
54.10salary rate on the date the leave of absence commenced plus annual interest at the rate of
54.118.5 percent per year from the end of the fiscal year during which the leave terminates to the
54.12end of the month during which payment is made. The member must pay the total amount
54.13required unless the employing unit, at its option, pays the employer contributions. The total
54.14amount required must be paid by the end of the fiscal year following the fiscal year in which
54.15the leave of absence terminated or before the member retires, whichever is earlier. Payment
54.16must be accompanied by a copy of the resolution or action of the employing authority
54.17granting the leave and the employing authority, upon granting the leave, must certify the
54.18leave to the association in a manner specified by the executive director. A member may not
54.19receive more than one year of allowable service credit during any fiscal year by making
54.20payment under this section. A member may not receive disability benefits under section
54.22 Sec. 19. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 1, is
54.23amended to read:
54.24 Subdivision 1. Employee contributions. (a) The contribution required to be paid
54.25by each member of
54.26of total salary specified below for the applicable association and program:
55.9(b) Contributions
55.10directly to the
55.11each month.
55.12(c) When an employee contribution rate changes for a fiscal year, the new
55.13contribution rate is effective for the entire salary paid by the employer with the first
55.14payroll cycle reported.
55.15 Sec. 20. Minnesota Statutes 2012, section 354A.12, subdivision 2, is amended to read:
55.16 Subd. 2. Retirement contribution levy disallowed. Except as provided in
55.17section
55.18notwithstanding any law to the contrary, levies for the St. Paul Teachers Retirement Fund
55.19
55.20employer Social Security taxes for teachers covered by the
55.21
55.22 Sec. 21. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 2a,
55.23is amended to read:
55.24 Subd. 2a. Employer regular and additional contributions. (a) The employing
55.25units shall make the following employer contributions to the teachers retirement fund
55.26
55.27(1) for any coordinated member of
55.28Retirement Fund
55.29shall make a regular employer contribution to the
55.30an amount equal to the designated percentage of the salary of the coordinated member
55.31as provided below:
56.8(2) for any basic member of the St. Paul Teachers Retirement Fund Association, the
56.9employing unit shall make a regular employer contribution to the respective retirement
56.10fund in an amount according to the schedule below:
56.17(3) for a basic member of the St. Paul Teachers Retirement Fund Association, the
56.18employing unit shall make an additional employer contribution to the respective fund in
56.19an amount equal to 3.64 percent of the salary of the basic member;
56.20(4) for a coordinated member of the St. Paul Teachers Retirement Fund Association,
56.21the employing unit shall make an additional employer contribution to the respective fund
56.22in an amount equal to
56.23salary
56.24 |
56.26the
56.27Delinquent amounts are payable with interest under the procedure in subdivision 1a.
56.28(c) Payments of regular and additional employer contributions for school district
56.29or technical college employees who are paid from normal operating funds must be made
56.30from the appropriate fund of the district or technical college.
56.31(d) When an employer contribution rate changes for a fiscal year, the new
56.32contribution rate is effective for the entire salary paid by the employer with the first
56.33payroll cycle reported.
56.34 Sec. 22. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 3a,
56.35is amended to read:
57.1 Subd. 3a. Special direct state aid to first class city teachers retirement fund
57.2associations. (a) The state shall pay
57.3
57.4Fund Association.
57.5 (b) The
57.6commissioner of management and budget shall pay the
57.7subdivision. The
57.8fund to the commissioner of management and budget.
57.9 Sec. 23. Minnesota Statutes 2012, section 354A.31, subdivision 1, is amended to read:
57.10 Subdivision 1. Age and service requirements. Any coordinated member or former
57.11coordinated member of the
57.12Paul Teachers Retirement Fund Association who has ceased to render teaching service for
57.13
57.14 No. 625, who is vested and who has either attained the age of at least 55 years or received
57.15credit for not less than 30 years of allowable service regardless of age,
57.16upon written application to a retirement annuity.
57.17 Sec. 24. Minnesota Statutes 2012, section 354A.32, subdivision 1, is amended to read:
57.18 Subdivision 1. Optional forms generally. The board of the St. Paul Teachers
57.19Retirement Fund Association shall establish for the coordinated program
57.20
57.21
57.22a joint and survivor annuity.
57.23optional annuity which
57.24and for life thereafter.
57.25that guarantees payment of the balance of the annuity recipient's accumulated deductions
57.26to a designated beneficiary upon the death of the annuity recipient. Except as provided in
57.27subdivision 1a, the optional annuity forms
57.28normal forms provided in section
57.29the board shall obtain the written recommendation of the actuary retained under section
57.31 Sec. 25. Minnesota Statutes 2012, section 354A.35, subdivision 1, is amended to read:
57.32 Subdivision 1. Death before retirement; refund. If a coordinated member or
57.33former coordinated member dies
58.1of any retirement annuity or other benefit payment which is or may be payable and a
58.2surviving spouse optional annuity is not payable
58.3refund
58.4person's designated beneficiary, or if there is none, to the legal representative of the
58.5person's estate. For a coordinated member or former coordinated member of the St. Paul
58.6Teachers Retirement Fund Association, the refund
58.7person's accumulated employee contributions plus interest at the rate of six percent per
58.8annum compounded annually.
58.9
58.10
58.11
58.12
58.13 Sec. 26. Minnesota Statutes 2012, section 354A.37, subdivision 3, is amended to read:
58.14 Subd. 3. Computation of refund amount. A former coordinated member who
58.15qualifies for a refund under subdivision 1
58.16amount of the former coordinated member's accumulated employee contributions with
58.17interest at the rate of six percent per annum compounded annually to
58.18
58.19 July 1, 2011, if the person is a former member of the St. Paul Teachers Retirement Fund
58.20Association, and four percent per annum compounded annually thereafter.
58.21 Sec. 27. Minnesota Statutes 2012, section 354A.37, subdivision 4, is amended to read:
58.22 Subd. 4. Certain refunds at normal retirement age. Any coordinated member
58.23who has attained the normal retirement age with less than ten years of allowable service
58.24credit and has terminated active teaching service
58.25proportionate annuity under section
58.26member's accumulated employee contributions plus interest at the rate of six percent
58.27compounded annually to
58.28
58.29member of the St. Paul Teachers Retirement Fund Association, and four percent per
58.30annum compounded annually thereafter.
58.31 Sec. 28. Minnesota Statutes 2012, section 354A.39, is amended to read:
58.32354A.39 SERVICE IN OTHER PUBLIC RETIREMENT FUNDS; ANNUITY.
59.1Any person who has been a member of the Minnesota State Retirement System, the
59.2Public Employees Retirement Association including the Public Employees Retirement
59.3Association Police and Fire Fund, the Teachers Retirement Association, the Minnesota
59.4State Patrol Retirement Association, the legislators retirement plan, the constitutional
59.5officers retirement plan,
59.6
59.7program, or any other public employee retirement system in the state of Minnesota
59.8having a like provision, but excluding all other funds providing retirement benefits for
59.9police officers or firefighters, is entitled, when qualified, to an annuity from each fund if
59.10the person's total allowable service in all of the funds or in any two or more of the funds
59.11totals three or more years, provided that no portion of the allowable service upon which
59.12the retirement annuity from one fund is based is used again in the computation for a
59.13retirement annuity from another fund and provided further that the person has not taken a
59.14refund from any of funds or associations since the person's membership in the fund or
59.15association has terminated. The annuity from each fund or association must be determined
59.16by the appropriate provisions of the law governing each fund or association, except that
59.17the requirement that a person must have at least three years of allowable service in the
59.18respective fund or association does not apply for the purposes of this section, provided
59.19that the aggregate service in two or more of these funds equals three or more years.
59.20 Sec. 29. Minnesota Statutes 2012, section 354A.41, is amended to read:
59.21354A.41 ADMINISTRATION OF COORDINATED PROGRAM.
59.22 Subdivision 1. Administrative provisions. The provisions of the articles of
59.23incorporation and bylaws of the St. Paul Teachers Retirement Fund Association relating
59.24to the administration of the fund shall govern the administration of the coordinated and
59.25basic programs
59.26
59.27
59.28administrative provisions are not inconsistent with
59.30of the board of trustees, the investment of assets of the St. Paul Teachers Retirement Fund
59.31Association, and the definition of the plan year. The administrative provisions in the
59.32articles of incorporation and the bylaws of the Minneapolis Teachers Retirement Fund
59.33Association pertaining to the granting of pension benefits of the basic and coordinated
59.34programs are no longer in effect after June 30, 2006, and the administrative provisions of
60.1the Duluth Teachers Retirement Fund Association pertaining to retirement benefits of the
60.2old law coordinated program are no longer in effect after June 30, 2015.
60.3 Subd. 2. Actuarial valuations. In any actuarial valuation of the St. Paul Teachers
60.4Retirement Fund Association
60.5section
60.6actuarial valuation prepared by an approved actuary retained by the St. Paul Teachers
60.7Retirement Fund Association, there
60.8fund showing separately the basic and coordinated programs
60.9
60.10normal cost and the applicable employee and employer contribution rates for each program.
60.11 Sec. 30. Minnesota Statutes 2012, section 354B.21, subdivision 3a, is amended to read:
60.12 Subd. 3a. Plan coverage and election; certain past service technical college
60.13faculty. (a) Notwithstanding subdivision 3, if an employee of the board was employed in
60.14a faculty position in a technical college on June 30, 1997, with coverage by the Teachers
60.15Retirement Association, the employee retains that coverage. If the employee was a
60.16technical college faculty member on June 30, 1995, covered by a first class city teacher
60.17retirement fund established under chapter 354A, the retirement coverage continues with
60.18the
60.19Fund Association, whichever is applicable. If the person was a technical college faculty
60.20member on June 30, 1995, covered by the former Minneapolis Teachers Retirement Fund
60.21Association or the former Duluth Teachers Retirement Fund Association, the Teachers
60.22Retirement Association shall provide coverage.
60.23(b) An employee under paragraph (a) who has coverage by
60.24
60.25duration of the person's employment by the board unless, within one year of a change in
60.26employment within the Minnesota State Colleges and Universities system, the person
60.27elects the individual retirement account plan for all future employment by the board.
60.28The election is irrevocable.
60.29 Sec. 31. Minnesota Statutes 2012, section 355.01, subdivision 2c, is amended to read:
60.30 Subd. 2c. Duluth teacher. "Duluth teacher" means a person employed by
60.31Independent School District No. 709, Duluth, who holds a position covered by the
60.32 Teachers Retirement
60.33and section 46.
61.1 Sec. 32. Minnesota Statutes 2013 Supplement, section 356.20, subdivision 2, is
61.2amended to read:
61.3 Subd. 2. Covered public pension plans and funds. This section applies to the
61.4following public pension plans:
61.5 (1) the general state employees retirement plan of the Minnesota State Retirement
61.6System;
61.7 (2) the general employees retirement plan of the Public Employees Retirement
61.8Association;
61.9 (3) the Teachers Retirement Association;
61.10 (4) the State Patrol retirement plan;
61.11 (5) the St. Paul Teachers Retirement Fund Association;
61.12
61.13
61.14
61.15
61.16
61.17
61.18
61.19Retirement Association;
61.20
61.21Retirement System;
61.22
61.23Employees Retirement Association; and
61.24
61.25 Sec. 33. Minnesota Statutes 2013 Supplement, section 356.214, subdivision 1, is
61.26amended to read:
61.27 Subdivision 1. Actuary retention. (a) The governing board or managing or
61.28administrative official of each public pension plan and retirement fund or plan enumerated
61.29in paragraph (b) shall contract with an established actuarial consulting firm to conduct
61.30annual actuarial valuations and related services. The principal from the actuarial
61.31consulting firm on the contract must be an approved actuary under section
61.32subdivision 1
61.33 (b) Actuarial services must include the preparation of actuarial valuations and
61.34related actuarial work for the following retirement plans:
61.35 (1) the teachers retirement plan, Teachers Retirement Association;
62.1 (2) the general state employees retirement plan, Minnesota State Retirement System;
62.2 (3) the correctional employees retirement plan, Minnesota State Retirement System;
62.3 (4) the State Patrol retirement plan, Minnesota State Retirement System;
62.4 (5) the judges retirement plan, Minnesota State Retirement System;
62.5 (6) the general employees retirement plan, Public Employees Retirement
62.6Association, including the MERF division;
62.7 (7) the public employees police and fire plan, Public Employees Retirement
62.8Association;
62.9
62.10
62.11
62.12Association;
62.13
62.14
62.15Employees Retirement Association.
62.16(c) The actuarial valuation for the legislators retirement plan must include a separate
62.17calculation of total plan actuarial accrued liabilities due to constitutional officer coverage
62.18under section
62.19 (d) The contracts must require completion of the annual actuarial valuation
62.20calculations on a fiscal year basis, with the contents of the actuarial valuation calculations
62.21as specified in section
62.22adopted by the Legislative Commission on Pensions and Retirement.
62.23 The contracts must require completion of annual experience data collection and
62.24processing and a quadrennial published experience study for the plans listed in paragraph
62.25(b), clauses (1), (2), and (6), as provided for in the standards for actuarial work adopted by
62.26the commission. The experience data collection, processing, and analysis must evaluate
62.27the following:
62.28 (1) individual salary progression;
62.29 (2) the rate of return on investments based on the current asset value;
62.30 (3) payroll growth;
62.31 (4) mortality;
62.32 (5) retirement age;
62.33 (6) withdrawal; and
62.34 (7) disablement.
62.35 (e) The actuary shall annually prepare a report to the governing or managing board
62.36or administrative official and the legislature, summarizing the results of the actuarial
63.1valuation calculations. The actuary shall include with the report any recommendations
63.2concerning the appropriateness of the support rates to achieve proper funding of
63.3the retirement plans by the required funding dates. The actuary shall, as part of the
63.4quadrennial experience study, include recommendations on the appropriateness of the
63.5actuarial valuation assumptions required for evaluation in the study.
63.6 (f) If the actuarial gain and loss analysis in the actuarial valuation calculations
63.7indicates a persistent pattern of sizable gains or losses, the governing or managing board
63.8or administrative official shall direct the actuary to prepare a special experience study for a
63.9plan listed in paragraph (b), clause (3), (4), (5), (7), (8), (9), or (10),
63.10provided for in the standards for actuarial work adopted by the commission.
63.11 Sec. 34. Minnesota Statutes 2013 Supplement, section 356.215, subdivision 8, is
63.12amended to read:
63.13 Subd. 8. Interest and salary assumptions. (a) The actuarial valuation must use
63.14the applicable following preretirement interest assumption and the applicable following
63.15postretirement interest assumption:
63.16(1) select and ultimate interest rate assumption
63.35Except for the legislators retirement plan and the constitutional officers calculation
63.36of total plan liabilities, the select preretirement interest rate assumption for the period
63.37after June 30, 2012, through June 30, 2017, is 8.0 percent. Except for the legislators
63.38retirement plan and the constitutional officers calculation of total plan liabilities, the select
63.39postretirement interest rate assumption for the period after June 30, 2012, through June
64.130, 2017, is 5.5 percent, except for
64.2teachers retirement plan, each with a select postretirement interest rate assumption for the
64.3period after June 30, 2012, through June 30, 2017, of 8.0 percent.
64.4(2) single rate preretirement and postretirement interest rate assumption
64.5 64.6 |
plan |
interest rate assumption |
|
64.7 |
Bloomington Fire Department Relief Association |
6.0 |
|
64.8 64.9 |
local monthly benefit volunteer firefighters relief associations |
5.0 |
64.11increase assumption, the applicable following modified single rate future salary increase
64.12assumption, or the applicable following graded rate future salary increase assumption:
64.13 (1) single rate future salary increase assumption
64.14 |
plan |
future salary increase assumption |
|
64.15 |
legislators retirement plan |
5.0% |
|
64.16 |
judges retirement plan |
3.0 |
|
64.17 64.18 |
Bloomington Fire Department Relief Association |
4.0 |
64.20increase assumption or graded rate future salary increase assumption
64.25For plans other than the
64.26teachers retirement plan and the local
64.27government correctional service retirement
64.28plan, the select calculation is: during the
64.29designated select period, a designated
64.30percentage rate is multiplied by the result of
64.31the designated integer minus T, where T is the
64.32number of completed years of service, and is
64.33added to the applicable future salary increase
64.34assumption. The designated select period is
64.35ten years and the designated integer is ten
64.36
64.37
64.38correctional service retirement plan and 15
65.1for the St. Paul Teachers Retirement Fund
65.2Association. The designated percentage
65.3rate is 0.2 percent for the St. Paul Teachers
65.4Retirement Fund Association.
65.5
65.6
65.7
65.8
65.9
65.10
65.11 The ultimate future salary increase assumption is:
66.27(3) service-related ultimate future salary increase assumption
67.26 (c) The actuarial valuation must use the applicable following payroll growth
67.27assumption for calculating the amortization requirement for the unfunded actuarial
67.28accrued liability where the amortization retirement is calculated as a level percentage
67.29of an increasing payroll:
68.1 (d) The assumptions set forth in paragraphs (b) and (c) continue to apply, unless a
68.2different salary assumption or a different payroll increase assumption:
68.3 (1) has been proposed by the governing board of the applicable retirement plan;
68.4 (2) is accompanied by the concurring recommendation of the actuary retained under
68.5section
68.6most recent actuarial valuation report if section
68.7 (3) has been approved or deemed approved under subdivision 18.
68.8 Sec. 35. Minnesota Statutes 2013 Supplement, section 356.219, subdivision 8, is
68.9amended to read:
68.10 Subd. 8. Timing of reports. (a) For the Bloomington Fire Department Relief
68.11Association and the volunteer firefighter relief associations, the information required
68.12under this section must be submitted by the due date for reports required under section
68.14a fully invested plan under subdivision 1, paragraph (b), for the calendar year covered
68.15by the report required under section
68.16administrative officer of the covered pension plan shall certify that compliance on a form
68.17prescribed by the state auditor. The state auditor shall transmit annually to the State Board
68.18of Investment a list or lists of covered pension plans which submitted certifications in
68.19order to facilitate reporting by the State Board of Investment under paragraph (c).
68.20(b) For the St. Paul Teachers Retirement Fund Association
68.21
68.22retirement plan, the information required under this section must be submitted to the state
68.23auditor by June 1 of each year.
68.24(c) The State Board of Investment, on behalf of pension funds specified in
68.25subdivision 1, paragraph (c),
68.26September 1 of each year.
68.27 Sec. 36. Minnesota Statutes 2013 Supplement, section 356.30, subdivision 3, is
68.28amended to read:
68.29 Subd. 3. Covered plans. This section applies to the following retirement plans:
68.30(1) the general state employees retirement plan of the Minnesota State Retirement
68.31System, established under chapter 352;
68.32(2) the correctional state employees retirement plan of the Minnesota State
68.33Retirement System, established under chapter 352;
68.34(3) the unclassified employees retirement program, established under chapter 352D;
69.1(4) the State Patrol retirement plan, established under chapter 352B;
69.2(5) the legislators retirement plan, established under chapter 3A, including
69.3constitutional officers as specified in that chapter;
69.4(6) the general employees retirement plan of the Public Employees Retirement
69.5Association, established under chapter 353, including the MERF division of the Public
69.6Employees Retirement Association;
69.7(7) the public employees police and fire retirement plan of the Public Employees
69.8Retirement Association, established under chapter 353;
69.9(8) the local government correctional service retirement plan of the Public
69.10Employees Retirement Association, established under chapter 353E;
69.11(9) the Teachers Retirement Association, established under chapter 354;
69.12(10) the St. Paul Teachers Retirement Fund Association, established under chapter
69.13354A; and
69.14
69.15
69.16
69.17 Sec. 37. Minnesota Statutes 2012, section 356.302, subdivision 7, is amended to read:
69.18 Subd. 7. Covered retirement plans. This section applies to the following
69.19retirement plans:
69.20(1) the general state employees retirement plan of the Minnesota State Retirement
69.21System, established by chapter 352;
69.22(2) the unclassified state employees retirement program of the Minnesota State
69.23Retirement System, established by chapter 352D;
69.24(3) the general employees retirement plan of the Public Employees Retirement
69.25Association, established by chapter 353, including the MERF division of the Public
69.26Employees Retirement Association;
69.27(4) the Teachers Retirement Association, established by chapter 354;
69.28
69.29
69.30354A;
69.31
69.32Retirement System, established by chapter 352;
69.33
69.34
69.35Association, established by chapter 353;
70.1
70.2Employees Retirement Association, established by chapter 353E; and
70.3
70.4 Sec. 38. Minnesota Statutes 2012, section 356.303, subdivision 4, is amended to read:
70.5 Subd. 4. Covered retirement plans. This section applies to the following
70.6retirement plans:
70.7(1) the legislators retirement plan, established by chapter 3A;
70.8(2) the general state employees retirement plan of the Minnesota State Retirement
70.9System, established by chapter 352;
70.10(3) the correctional state employees retirement plan of the Minnesota State
70.11Retirement System, established by chapter 352;
70.12(4) the State Patrol retirement plan, established by chapter 352B;
70.13(5) the elective state officers retirement plan, established by chapter 352C;
70.14(6) the unclassified state employees retirement program, established by chapter 352D;
70.15(7) the general employees retirement plan of the Public Employees Retirement
70.16Association, established by chapter 353, including the MERF division of the Public
70.17Employees Retirement Association;
70.18(8) the public employees police and fire plan of the Public Employees Retirement
70.19Association, established by chapter 353;
70.20(9) the local government correctional service retirement plan of the Public
70.21Employees Retirement Association, established by chapter 353E;
70.22(10) the Teachers Retirement Association, established by chapter 354;
70.23
70.24
70.25354A; and
70.26
70.27 Sec. 39. Minnesota Statutes 2012, section 356.32, subdivision 2, is amended to read:
70.28 Subd. 2. Covered retirement plans. The provisions of this section apply to the
70.29following retirement plans:
70.30(1) the general state employees retirement plan of the Minnesota State Retirement
70.31System, established under chapter 352;
70.32(2) the correctional state employees retirement plan of the Minnesota State
70.33Retirement System, established under chapter 352;
70.34(3) the State Patrol retirement plan, established under chapter 352B;
71.1(4) the general employees retirement plan of the Public Employees Retirement
71.2Association, established under chapter 353, including the MERF division of the Public
71.3Employees Retirement Association;
71.4(5) the public employees police and fire plan of the Public Employees Retirement
71.5Association, established under chapter 353;
71.6(6) the Teachers Retirement Association, established under chapter 354; and
71.7
71.8
71.9
71.10354A.
71.11 Sec. 40. Minnesota Statutes 2013 Supplement, section 356.401, subdivision 3, is
71.12amended to read:
71.13 Subd. 3. Covered retirement plans. The provisions of this section apply to the
71.14following retirement plans:
71.15(1) the legislators retirement plan, established by chapter 3A, including constitutional
71.16officers as specified in that chapter;
71.17(2) the general state employees retirement plan of the Minnesota State Retirement
71.18System, established by chapter 352;
71.19(3) the correctional state employees retirement plan of the Minnesota State
71.20Retirement System, established by chapter 352;
71.21(4) the State Patrol retirement plan, established by chapter 352B;
71.22(5) the unclassified state employees retirement program, established by chapter 352D;
71.23(6) the general employees retirement plan of the Public Employees Retirement
71.24Association, established by chapter 353, including the MERF division of the Public
71.25Employees Retirement Association;
71.26(7) the public employees police and fire plan of the Public Employees Retirement
71.27Association, established by chapter 353;
71.28(8) the public employees defined contribution plan, established by chapter 353D;
71.29(9) the local government correctional service retirement plan of the Public
71.30Employees Retirement Association, established by chapter 353E;
71.31(10) the voluntary statewide lump-sum volunteer firefighter retirement plan,
71.32established by chapter 353G;
71.33(11) the Teachers Retirement Association, established by chapter 354;
71.34
72.1
72.2354A;
72.3
72.4
72.5354C; and
72.6
72.7 Sec. 41. Minnesota Statutes 2012, section 356.42, subdivision 3, is amended to read:
72.8 Subd. 3. Covered retirement plans. The postretirement adjustment provided in
72.9this section applies to the following retirement funds:
72.10(1) the general employees retirement plans of the Public Employees Retirement
72.11Association;
72.12(2) the public employees police and fire plan of the Public Employees Retirement
72.13Association;
72.14(3) the teachers retirement association;
72.15(4) the State Patrol retirement plan;
72.16(5) the state employees retirement plan of the Minnesota State Retirement System;
72.17 and
72.18(6) the St. Paul Teachers Retirement Fund Association established under chapter
72.19354A
72.20
72.21
72.22 Sec. 42. Minnesota Statutes 2012, section 356.465, subdivision 3, is amended to read:
72.23 Subd. 3. Covered retirement plans. The provisions of this section apply to the
72.24following retirement plans:
72.25(1) the general state employees retirement plan of the Minnesota State Retirement
72.26System established under chapter 352;
72.27(2) the correctional state employees retirement plan of the Minnesota State
72.28Retirement System established under chapter 352;
72.29(3) the State Patrol retirement plan established under chapter 352B;
72.30(4) the legislators retirement plan established under chapter 3A;
72.31(5) the judges retirement plan established under chapter 490;
72.32(6) the general employees retirement plan of the Public Employees Retirement
72.33Association established under chapter 353, including the MERF division of the Public
72.34Employees Retirement Association;
73.1(7) the public employees police and fire plan of the Public Employees Retirement
73.2Association established under chapter 353;
73.3(8) the teachers retirement plan established under chapter 354;
73.4
73.5
73.6
73.7chapter 354A; and
73.8
73.9Employees Retirement Association established under chapter 353E.
73.10 Sec. 43. Minnesota Statutes 2012, section 356.47, subdivision 3, is amended to read:
73.11 Subd. 3. Payment. (a) Beginning one year after the reemployment withholding
73.12period ends relating to the reemployment that gave rise to the limitation, and the filing of a
73.13written application, the retired member is entitled to the payment, in a lump sum, of the
73.14value of the person's amount under subdivision 2, plus annual compound interest. For the
73.15general state employees retirement plan, the correctional state employees retirement plan,
73.16the general employees retirement plan of the Public Employees Retirement Association,
73.17the public employees police and fire retirement plan, the local government correctional
73.18employees retirement plan, and the teachers retirement plan, the annual interest rate is
73.19six percent from the date on which the amount was deducted from the retirement annuity
73.20to the date of payment or until January 1, 2011, whichever is earlier, and no interest
73.21after January 1, 2011.
73.22
73.23
73.24
73.25Association, the annual interest is the rate of six percent from the date that the amount was
73.26deducted from the retirement annuity to the date of payment or June 30, 2011, whichever
73.27is earlier, and with no interest accrual after June 30, 2011.
73.28 (b) The written application must be on a form prescribed by the chief administrative
73.29officer of the applicable retirement plan.
73.30 (c) If the retired member dies before the payment provided for in paragraph (a) is
73.31made, the amount is payable, upon written application, to the deceased person's surviving
73.32spouse, or if none, to the deceased person's designated beneficiary, or if none, to the
73.33deceased person's estate.
73.34 (d) In lieu of the direct payment of the person's amount under subdivision 2, on
73.35or after the payment date under paragraph (a), if the federal Internal Revenue Code so
74.1permits, the retired member may elect to have all or any portion of the payment amount
74.2under this section paid in the form of a direct rollover to an eligible retirement plan as
74.3defined in section 402(c) of the federal Internal Revenue Code that is specified by the
74.4retired member. If the retired member dies with a balance remaining payable under this
74.5section, the surviving spouse of the retired member, or if none, the deceased person's
74.6designated beneficiary, or if none, the administrator of the deceased person's estate may
74.7elect a direct rollover under this paragraph.
74.8 Sec. 44. Minnesota Statutes 2012, section 356.99, subdivision 1, is amended to read:
74.9 Subdivision 1. Definitions. (a) For purposes of this section, the terms in paragraphs
74.10(b) to (e) have the meanings given them.
74.11(b) "Chief administrative officer" means the person selected or elected by the
74.12governing board of a covered pension plan with primary responsibility to administer the
74.13covered pension plan, or that person's designee or representative.
74.14(c) "Covered pension plan" means a plan enumerated in section
74.153
74.16(d) "Governing board" means the governing board of the Minnesota State Retirement
74.17System, the Public Employees Retirement Association, the Teachers Retirement
74.18Association,
74.19Retirement Fund Association.
74.20(e) "Member" means an active plan member in a covered pension plan.
74.21 Sec. 45. Minnesota Statutes 2013 Supplement, section 423A.02, subdivision 3, is
74.22amended to read:
74.23 Subd. 3. Reallocation of amortization state aid. (a) Seventy percent of the
74.24difference between $5,720,000 and the current year amortization aid distributed under
74.25subdivision 1 that is not distributed for any reason to a municipality must be distributed
74.26by the commissioner of revenue according to this paragraph. The commissioner shall
74.27distribute
74.28Retirement Association,
74.29 and 40 percent to the St. Paul Teachers Retirement Fund Association to fund the unfunded
74.30actuarial accrued liabilities of the respective funds. These payments must be made on July
74.3115 each fiscal year. If the St. Paul Teachers Retirement Fund Association or the Duluth
74.32Teachers Retirement Fund Association becomes fully funded, the association's eligibility
74.33for its portion of this aid ceases. Amounts remaining in the undistributed balance account
74.34at the end of the biennium if aid eligibility ceases cancel to the general fund.
75.1 (b) In order to receive amortization aid under paragraph (a), before June 30 annually
75.2Independent School District No. 625, St. Paul, must make an additional contribution of
75.3$800,000 each year to the St. Paul Teachers Retirement Fund Association.
75.4 (c) Thirty percent of the difference between $5,720,000 and the current year
75.5amortization aid under subdivision 1a that is not distributed for any reason to a
75.6municipality must be distributed under section
75.7additional funding to support a minimum fire state aid amount for volunteer firefighter
75.8relief associations.
75.9 Sec. 46. CONSOLIDATION OF DULUTH TEACHERS RETIREMENT FUND
75.10ASSOCIATION.
75.11 Subdivision 1. Membership transfer. All active, inactive, and retired members
75.12of the Duluth Teachers Retirement Fund Association are transferred to the Teachers
75.13Retirement Association and are no longer members of the Duluth Teachers Retirement
75.14Fund Association as of July 1, 2015.
75.15 Subd. 2. Teachers Retirement Association membership. A person first hired as a
75.16teacher by Independent School District No. 709, Duluth, after June 30, 2015, and who is a
75.17teacher as defined in Minnesota Statutes, section
75.18Teachers Retirement Association for the person's subsequent teaching service.
75.19 Subd. 3. Service credit and liability transfer. All allowable service and salary
75.20credit of the members and other individuals transferred under subdivision 1 as specified
75.21in the records of the Duluth Teachers Retirement Fund Association as of June 30, 2015,
75.22is allowable service credit under Minnesota Statutes, section
75.23formula service credit under Minnesota Statutes, section
75.24salary credit under Minnesota Statutes, section
75.25Retirement Association.
75.26 Subd. 4. Transfer of records. On or before June 30, 2015, the chief administrative
75.27officer of the Duluth Teachers Retirement Fund Association shall transfer all records and
75.28documents relating to the funds and the benefit plans of the association to the executive
75.29director of the Teachers Retirement Association. To the extent possible, original copies of
75.30all records and documents must be transferred.
75.31 Subd. 5. Transfer of assets. (a) On or before December 31, 2014, the chief
75.32administrative officer of the Duluth Teachers Retirement Fund Association shall transfer
75.33to the State Board of Investment for investment under Minnesota Statutes, section 11A.14,
75.34the entire assets of the special retirement fund, except for direct real estate holdings, of the
75.35Duluth Teachers Retirement Fund Association.
76.1(b) By August 1, 2014, the chief administrative officer of the Duluth Teachers
76.2Retirement Fund Association must provide to the State Board of Investment a list of
76.3assets that are intended to be transferred.
76.4(c) The executive director of the State Board of Investment shall review the assets
76.5and determine which assets are not in compliance with the requirements and limitations
76.6set forth in Minnesota Statutes, sections 11A.09, 11A.14, 11A.23, and 11A.24, or are
76.7not appropriate for retention under the established investment objectives of the State
76.8Board of Investment. Within 30 days of receipt of the list of assets that are intended to
76.9be transferred, the executive director of the State Board of Investment shall provide the
76.10chief administrative officer of the Duluth Teachers Retirement Fund Association with a
76.11list of assets that are acceptable for transfer and a list of assets that are noncompliant or
76.12inappropriate. Acceptable assets, including cash, must be transferred at market value,
76.13and transfers may begin upon the transfer of legal title and notification by the chief
76.14administrative officer of the Duluth Teachers Retirement Fund Association to the State
76.15Board of Investment.
76.16(d) Assets deemed to be noncompliant or inappropriate must be retained by the
76.17Duluth Teachers Retirement Fund Association. Within 30 days of receipt of the list of
76.18noncompliant or inappropriate assets, the chief administrative officer of the Duluth
76.19Teachers Retirement Fund Association must provide the executive director of the State
76.20Board of Investment with evidence that the chief administrative officer of the Duluth
76.21Teachers Retirement Fund Association is taking action to convert noncompliant or
76.22inappropriate assets to acceptable assets.
76.23(e) Beginning January 1, 2015, the executive director of the State Board of
76.24Investment is authorized to direct the process of transferring legal title of assets for which
76.25such change is deemed necessary.
76.26(f) On June 30, 2015, the remaining assets of the special retirement fund of the
76.27Duluth Teachers Retirement Fund Association are transferred to the State Board of
76.28Investment at market values determined by the executive director of the State Board of
76.29Investment. Legal title to transferred assets vests with the State Board of Investment
76.30on behalf of the Teachers Retirement Association. The transfer of the assets of the
76.31Duluth Teachers Retirement Fund Association special retirement fund must include any
76.32investment-related accounts receivable that are determined by the executive director
76.33of the State Board of Investment as reasonably capable of being collected and any
76.34non-investment-related accounts receivable that are determined by the executive director
76.35of the Teachers Retirement Association as reasonably capable of being collected. For
76.36accounts receivable that are determined as not reasonably capable of being collected, legal
77.1title to the account transfers to Independent School District No. 709, Duluth, as of the
77.2date of the determination of the executive director of the State Board of Investment and
77.3the executive director of the Teachers Retirement Association. If the accounts receivable
77.4transferred to Independent School District No. 709, Duluth, are subsequently recovered
77.5by the school district, the superintendent of Independent School District No. 709, Duluth,
77.6shall transfer the recovered amount to the executive director of the Teachers Retirement
77.7Association, in cash, for deposit in the teachers retirement fund, less the reasonable
77.8expenses of the school district related to the recovery. If the board of trustees of the Duluth
77.9Teachers Retirement Fund Association establishes a liquidating trust and deposits any of
77.10the retirement fund association assets in that trust or if the legislative auditor determines
77.11that the transferred assets were in an amount less than the full assets of the retirement fund
77.12association other than assets in the tax sheltered annuity program on the date of transfer as
77.13specified in paragraph (g), the amount of any untransferred assets are a claim against the
77.14state aid otherwise payable to Independent School District No. 709, Duluth, payable to the
77.15Teachers Retirement Association by the commissioner of management and budget upon
77.16request by the executive director of the Teachers Retirement Association.
77.17(g) As of June 30, 2015, assets of the special retirement fund, except for direct real
77.18estate holdings, of the Duluth Teachers Retirement Fund Association are assets of the
77.19Teachers Retirement Association to be invested by the State Board of Investment under
77.20Minnesota Statutes, section 354.07, subdivision 4.
77.21 Subd. 6. Termination of Duluth Teachers Retirement Fund Association special
77.22retirement fund. (a) As of June 30, 2015, the Duluth Teachers Retirement Fund
77.23Association as a public retirement plan and its special retirement fund ceases to exist.
77.24(b) Contracts, records, and obligations of the Duluth Teachers Retirement Fund
77.25Association special retirement fund existing at the time of consolidation with the Teachers
77.26Retirement Association are transferred to the Teachers Retirement Association under
77.27Minnesota Statutes, section
77.28and obligations of the Duluth Teachers Retirement Fund Association special retirement
77.29fund related to investment and safekeeping of assets are transferred to the State Board
77.30of Investment under Minnesota Statutes, section
77.31State Board of Investment has the authority to pay the investment-related liabilities
77.32and obligations from the assets transferred from the Duluth Teachers Retirement Fund
77.33Association incurred by the Teachers Retirement Association. The legislative auditor shall
77.34audit the Duluth Teachers Retirement Fund Association for the fiscal year ending June 30,
77.352015, as part of the Teachers Retirement Association board's annual financial reporting
77.36requirements under Minnesota Statutes, section 356.20. The board of trustees of the
78.1Teachers Retirement Association may authorize and contract with either the legislative
78.2auditor or the state auditor to perform other audit services. Between April 1, 2015, and
78.3June 30, 2015, the Duluth Teachers Retirement Fund Association cannot incur a new or
78.4additional enforceable contractual liability or obligation without approval of the executive
78.5director of the Teachers Retirement Association.
78.6 Sec. 47. DULUTH TEACHERS RETIREMENT FUND ASSOCIATION
78.7EMPLOYEES.
78.8Effective June 30, 2015, the employees of the Duluth Teachers Retirement
78.9Fund Association have their employment with the Duluth Teachers Retirement Fund
78.10Association terminated and, effective July 1, 2015, unless the former employee elects
78.11otherwise, the Duluth Teachers Retirement Fund Association employees, excluding the
78.12Executive Director, become employees of the Teachers Retirement Association. The
78.13commissioner of management and budget shall place employees from the former Duluth
78.14Teachers Retirement Fund Association into state service in their proper classifications,
78.15except that employees are appointed without examination and must be compensated at no
78.16less than their current hourly salary rate. Employees must have their accumulated, but
78.17unused, vacation leave balance as of June 30, 2015, posted to their credit by the Teachers
78.18Retirement Association, but if the employee has vacation time in excess of the applicable
78.19maximum, no additional vacation may accrue until the employee's balance falls below
78.20the maximum permitted by the state for the employee's position. The employees must
78.21receive length of service credit for vacation leave accrual for time served at the Duluth
78.22Teachers Retirement Fund Association. Duluth Teachers Retirement Fund Association
78.23employees who become employees of the Teachers Retirement Association effective on
78.24July 1, 2015, must be considered to have completed six months of continuous service
78.25for vacation use purposes. Employees of the former Duluth Teachers Retirement Fund
78.26Association appointed to the classified service are subject to a probationary period under
78.27the collective bargaining agreement or compensation plan applicable to the employee's
78.28position at the Teachers Retirement Association. Effective July 1, 2015, all transferred
78.29employees must be enrolled in the state employees' group insurance program as provided
78.30in Minnesota Statutes, sections 43A.22 to 43A.31, and the commissioner of management
78.31and budget shall provide open enrollment in all state employee health and dental insurance
78.32plans with no limitation on preexisting conditions except as specified in existing state
78.33employee certificates of coverage. The commissioner of management and budget shall
78.34provide these transferred employees with the opportunity to purchase optional life and
79.1disability insurance as provided by the state group insurance program in accordance with
79.2the policies of management and budget.
79.3 Sec. 48. REPEALER.
79.4(a) Minnesota Statutes 2012, sections 354A.021, subdivision 5; 354A.108; 354A.24;
79.5and 354A.27, subdivision 5, are repealed.
79.6(b) Minnesota Statutes 2013 Supplement, sections 354A.27, subdivisions 6a and 7;
79.7and 354A.31, subdivision 4a, are repealed.
79.8 Sec. 49. EFFECTIVE DATE.
79.9(a) Section 8, subdivision 1, and section 22 are effective July 1, 2014. Section 46,
79.10subdivision 5, is effective October 1, 2014. Sections 1 to 7, 8, subdivisions 2 and 3, 9 to
79.1114, 16 to 21, 23 to 45, 46, subdivisions 1 to 4 and 6, 47, and 48, are effective June 30,
79.122015, if the following approve the consolidation provisions before October 1, 2014:
79.13(1) the board of trustees of the Duluth Teachers Retirement Fund Association;
79.14(2) the membership of the Duluth Teachers Retirement Fund Association; and
79.15(3) the board of trustees of the Teachers Retirement Association.
79.16(b) An approval under paragraph (a) must be provided in a timely manner in
79.17compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, to the secretary
79.18of state, the state auditor, the legislative auditor, and the revisor of statutes by the chief
79.19administrative officer of the Duluth Teachers Retirement Fund Association for an approval
79.20under paragraph (a) by the board of trustees of the Duluth Teachers Retirement Fund
79.21Association or by the membership of the Duluth Teachers Retirement Fund Association and
79.22by the chief administrative officer of the Teachers Retirement Association for an approval
79.23under paragraph (a) by the board of trustees of the Teachers Retirement Association.
79.27 Section 1. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 3a,
79.28is amended to read:
79.29 Subd. 3a.
79.30associations. (a) The state shall pay $346,000 as special direct state aid to the Duluth
79.31Teachers Retirement Fund Association and $2,827,000 to the St. Paul Teachers Retirement
79.32Fund Association.
80.1(b) In addition to other amounts specified in this subdivision, the state shall pay
80.2$7,000,000 as state aid to the St. Paul Teachers Retirement Fund Association.
80.3
80.4commissioner of management and budget shall pay the aids specified in this subdivision.
80.5The amounts required are appropriated annually from the general fund to the commissioner
80.6of management and budget.
80.7EFFECTIVE DATE.This section is effective September 30, 2015.
80.8 Sec. 2. Minnesota Statutes 2013 Supplement, section 354A.12, subdivision 3c, is
80.9amended to read:
80.10 Subd. 3c. Termination of supplemental contributions and direct matching
80.11and state aid. (a) The supplemental contributions payable to the St. Paul Teachers
80.12Retirement Fund Association by Independent School District No. 625 under section
80.14Teachers Retirement Fund Association must continue until the current assets of the fund
80.15equal or exceed the actuarial accrued liability of the fund as determined in the most recent
80.16actuarial report for the fund by the actuary retained under section
80.17
80.18whichever occurs earlier.
80.19(b) The aid to the Duluth Teachers Retirement Fund Association under section
80.21Teachers Retirement Fund Association must continue until the current assets of the fund
80.22equal or exceed the actuarial accrued liability of the fund as determined in the most
80.23recent actuarial report for the fund by the actuary retained under section
80.24the established date for full funding under section
80.25occurs earlier.
80.26EFFECTIVE DATE.This section is effective the day following final enactment.
80.27 Sec. 3. Minnesota Statutes 2012, section 356.215, subdivision 11, is amended to read:
80.28 Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
80.29the level normal cost, the actuarial valuation of the retirement plan must contain an
80.30exhibit for financial reporting purposes indicating the additional annual contribution
80.31sufficient to amortize the unfunded actuarial accrued liability and must contain an exhibit
80.32for contribution determination purposes indicating the additional contribution sufficient
80.33to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
81.1subdivision 8, paragraph (c), but excluding the MERF division of the Public Employees
81.2Retirement Association and the legislators retirement plan, the additional contribution
81.3must be calculated on a level percentage of covered payroll basis by the established
81.4date for full funding in effect when the valuation is prepared, assuming annual payroll
81.5growth at the applicable percentage rate set forth in subdivision 8, paragraph (c). For all
81.6other retirement plans and for the MERF division of the Public Employees Retirement
81.7Association and the legislators retirement plan, the additional annual contribution must be
81.8calculated on a level annual dollar amount basis.
81.9 (b) For any retirement plan other than the general state employees retirement plan
81.10of the Minnesota State Retirement System or a retirement plan governed by paragraph
81.11(d), (e), (f), (g), (h), (i), or (j), if there has not been a change in the actuarial assumptions
81.12used for calculating the actuarial accrued liability of the fund, a change in the benefit
81.13plan governing annuities and benefits payable from the fund, a change in the actuarial
81.14cost method used in calculating the actuarial accrued liability of all or a portion of the
81.15fund, or a combination of the three, which change or changes by itself or by themselves
81.16without inclusion of any other items of increase or decrease produce a net increase in the
81.17unfunded actuarial accrued liability of the fund, the established date for full funding is the
81.18first actuarial valuation date occurring after June 1, 2020.
81.19 (c) For any retirement plan other than the general employees retirement plan of the
81.20Public Employees Retirement Association, if there has been a change in any or all of the
81.21actuarial assumptions used for calculating the actuarial accrued liability of the fund, a
81.22change in the benefit plan governing annuities and benefits payable from the fund, a
81.23change in the actuarial cost method used in calculating the actuarial accrued liability of all
81.24or a portion of the fund, or a combination of the three, and the change or changes, by itself
81.25or by themselves and without inclusion of any other items of increase or decrease, produce
81.26a net increase in the unfunded actuarial accrued liability in the fund, the established date
81.27for full funding must be determined using the following procedure:
81.28 (i) the unfunded actuarial accrued liability of the fund must be determined in
81.29accordance with the plan provisions governing annuities and retirement benefits and the
81.30actuarial assumptions in effect before an applicable change;
81.31 (ii) the level annual dollar contribution or level percentage, whichever is applicable,
81.32needed to amortize the unfunded actuarial accrued liability amount determined under item
81.33(i) by the established date for full funding in effect before the change must be calculated
81.34using the interest assumption specified in subdivision 8 in effect before the change;
81.35 (iii) the unfunded actuarial accrued liability of the fund must be determined in
81.36accordance with any new plan provisions governing annuities and benefits payable from
82.1the fund and any new actuarial assumptions and the remaining plan provisions governing
82.2annuities and benefits payable from the fund and actuarial assumptions in effect before
82.3the change;
82.4 (iv) the level annual dollar contribution or level percentage, whichever is applicable,
82.5needed to amortize the difference between the unfunded actuarial accrued liability amount
82.6calculated under item (i) and the unfunded actuarial accrued liability amount calculated
82.7under item (iii) over a period of 30 years from the end of the plan year in which the
82.8applicable change is effective must be calculated using the applicable interest assumption
82.9specified in subdivision 8 in effect after any applicable change;
82.10 (v) the level annual dollar or level percentage amortization contribution under item
82.11(iv) must be added to the level annual dollar amortization contribution or level percentage
82.12calculated under item (ii);
82.13 (vi) the period in which the unfunded actuarial accrued liability amount determined
82.14in item (iii) is amortized by the total level annual dollar or level percentage amortization
82.15contribution computed under item (v) must be calculated using the interest assumption
82.16specified in subdivision 8 in effect after any applicable change, rounded to the nearest
82.17integral number of years, but not to exceed 30 years from the end of the plan year in which
82.18the determination of the established date for full funding using the procedure set forth in this
82.19clause is made and not to be less than the period of years beginning in the plan year in which
82.20the determination of the established date for full funding using the procedure set forth in
82.21this clause is made and ending by the date for full funding in effect before the change; and
82.22 (vii) the period determined under item (vi) must be added to the date as of which
82.23the actuarial valuation was prepared and the date obtained is the new established date
82.24for full funding.
82.25 (d) For the MERF division of the Public Employees Retirement Association, the
82.26established date for full funding is June 30, 2031.
82.27 (e) For the general employees retirement plan of the Public Employees Retirement
82.28Association, the established date for full funding is June 30, 2031.
82.29 (f) For the Teachers Retirement Association, the established date for full funding is
82.30June 30, 2037.
82.31 (g) For the correctional state employees retirement plan of the Minnesota State
82.32Retirement System, the established date for full funding is June 30, 2038.
82.33 (h) For the judges retirement plan, the established date for full funding is June
82.3430, 2038.
82.35 (i) For the public employees police and fire retirement plan, the established date
82.36for full funding is June 30, 2038.
83.1 (j) For the St. Paul Teachers Retirement Fund Association, the established date for
83.2full funding is June 30
83.3other requirements of this chapter, the annual actuarial valuation must contain an exhibit
83.4indicating the funded ratio and the deficiency or sufficiency in annual contributions when
83.5comparing liabilities to the market value of the assets of the fund as of the close of the
83.6most recent fiscal year.
83.7(k) For the general state employees retirement plan of the Minnesota State
83.8Retirement System, the established date for full funding is June 30, 2040.
83.9 (l) For the retirement plans for which the annual actuarial valuation indicates an
83.10excess of valuation assets over the actuarial accrued liability, the valuation assets in
83.11excess of the actuarial accrued liability must be recognized as a reduction in the current
83.12contribution requirements by an amount equal to the amortization of the excess expressed
83.13as a level percentage of pay over a 30-year period beginning anew with each annual
83.14actuarial valuation of the plan.
83.15EFFECTIVE DATE.This section is effective the day following final enactment.
83.18 Section 1. Minnesota Statutes 2012, section 136F.481, is amended to read:
83.19136F.481 EARLY SEPARATION INCENTIVE PROGRAM.
83.20(a) Notwithstanding any provision of law to the contrary, the Board of Trustees
83.21of the Minnesota State Colleges and Universities may offer a targeted early separation
83.22incentive program for its employees.
83.23(b) The early separation incentive program may include one or both of the following:
83.24(1) cash incentives, not to exceed one year of base salary; or
83.25(2) employer contributions to the postretirement healthcare savings plan established
83.26under section
83.27(c) To be eligible to receive an incentive, an employee must be at least age 55
83.28and must have at least five years of employment by the Minnesota State Colleges and
83.29Universities System. The board of trustees shall establish and periodically revise the
83.30eligibility requirements for system employees to receive an incentive. The board of
83.31trustees shall file a copy of its proposed revised eligibility requirements with the chairs
83.32and ranking members of the senate committee
83.33jurisdiction and the
83.34
84.1chair and ranking members of the
84.2
84.3higher education within its jurisdiction and of the house of representatives Committee
84.4on Ways and Means, at least 30 days before
84.5revised eligibility requirements by the board of trustees, shall post the same document
84.6on the system Web site at the same time, and shall hold a public hearing on the proposed
84.7eligibility requirements. The type and any additional amount of the incentive to be offered
84.8may vary by employee classification, as specified by the board.
84.9(d) The president of a college or university, consistent with paragraphs (b) and
84.10(c), may designate:
84.11(1) specific departments or programs at the college or university whose employees
84.12are eligible to be offered the incentive program; or
84.13(2) positions at the college or university eligible to be offered the incentive program.
84.14(e) The chancellor, consistent with paragraphs (b) and (c), may designate:
84.15(1) system office divisions whose employees are eligible to be offered the incentive
84.16program; or
84.17(2) positions at the system office eligible to be offered the incentive program.
84.18(f) Acceptance of the offered incentive must be voluntary on the part of the employee
84.19and must be in writing. The incentive may only be offered at the sole discretion of the
84.20president of the applicable college or university.
84.21(g) A decision by the president of a college or university or by the chancellor not to
84.22offer an incentive may not be challenged.
84.23(h) The cost of the incentive is payable by the college or university on whose behalf
84.24the president offered the incentive or from the system office budget if the chancellor offered
84.25the incentive. If a college or university is merged, the remaining cost of any early separation
84.26incentive must be borne by the successor institution. If a college or university is closed,
84.27the remaining cost of any early separation incentive must be borne by the board of trustees.
84.28(i) Annually, the chancellor and the president of each college or university must
84.29report on the number and types of early separation incentives which were offered and
84.30utilized under this section. The report must be filed annually with the board of trustees and
84.31with the Legislative Reference Library on or before September 1.
84.32(j) The early retirement incentive authority under this section expires on June 30,
84.332019.
84.34EFFECTIVE DATE.This section is effective the day following final enactment.
84.35 Sec. 2. Minnesota Statutes 2012, section 352.1155, subdivision 1, is amended to read:
85.1 Subdivision 1. Eligibility. Except as indicated in subdivision 4, the annuity
85.2reduction provisions of section
85.3(1) retires from the Minnesota State Colleges and Universities system with at least
85.4ten years of combined service credit in a system under the jurisdiction of the Board of
85.5Trustees of the Minnesota State Colleges and Universities;
85.6(2) was employed on a full-time basis immediately preceding retirement as a faculty
85.7member or as an unclassified administrator in that system;
85.8(3) was not a recipient of an early retirement incentive under section 136F.481;
85.9
85.10of the Minnesota State Retirement System; and
85.11
85.12two-thirds time basis in the system from which the person retired under an agreement in
85.13which the person may not earn a salary of more than
85.14
85.15EFFECTIVE DATE.This section is effective July 1, 2014.
85.16 Sec. 3. Minnesota Statutes 2012, section 352.1155, subdivision 4, is amended to read:
85.17 Subd. 4. Exemption limit. For a person eligible under this section who earns more
85.18than
85.19State Colleges and Universities system following retirement, the annuity reduction
85.20provisions of section
85.21EFFECTIVE DATE.This section is effective July 1, 2014.
85.22 Sec. 4. Minnesota Statutes 2012, section 354.445, is amended to read:
85.23354.445 NO ANNUITY REDUCTION.
85.24(a) The annuity reduction provisions of section
85.25to a person who:
85.26(1) retires from the Minnesota State Colleges and Universities system with at least
85.27ten years of combined service credit in a system under the jurisdiction of the Board of
85.28Trustees of the Minnesota State Colleges and Universities;
85.29(2) was employed on a full-time basis immediately preceding retirement as a faculty
85.30member or as an unclassified administrator in that system;
85.31(3) was not a recipient of an early retirement incentive under section 136F.481;
85.32
86.1
86.2two-thirds time basis in the system from which the person retired under an agreement in
86.3which the person may not earn a salary of more than
86.4
86.5(b) Initial participation, the amount of time worked, and the duration of participation
86.6under this section must be mutually agreed upon by the president of the institution where
86.7the person returns to work and the employee. The president may require up to one-year
86.8notice of intent to participate in the program as a condition of participation under this
86.9section. The president shall determine the time of year the employee shall work. The
86.10employer or the president may not require a person to waive any rights under a collective
86.11bargaining agreement as a condition of participation under this section.
86.12(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a)
86.13and (b) may not, based on employment to which the waiver in this section applies, earn
86.14further service credit in a Minnesota public defined benefit plan and is not eligible to
86.15participate in a Minnesota public defined contribution plan, other than a volunteer fire plan
86.16governed by chapter 424A. No employer or employee contribution to any of these plans
86.17may be made on behalf of such a person.
86.18(d) For a person eligible under paragraphs (a) and (b) who earns more than
86.19 $62,000 in a calendar year
86.20by the Minnesota state colleges and universities system, the annuity reduction provisions
86.21of section
86.22(e) A person who returns to work under this section is a member of the appropriate
86.23bargaining unit and is covered by the appropriate collective bargaining contract. Except
86.24as provided in this section, the person's coverage is subject to any part of the contract
86.25limiting rights of part-time employees.
86.26EFFECTIVE DATE.This section is effective July 1, 2014.
86.27 Sec. 5. Minnesota Statutes 2012, section 354A.31, subdivision 3a, is amended to read:
86.28 Subd. 3a. No annuity reduction. (a) The annuity reduction provisions of
86.29subdivision 3 do not apply to a person who:
86.30(1) retires from the technical college system with at least ten years of service credit
86.31in the system from which the person retires;
86.32(2) was employed on a full-time basis immediately preceding retirement as a
86.33technical college faculty member;
86.34(3) was not a recipient of an early retirement incentive under section 136F.481;
87.1
87.2association; and
87.3
87.4two-thirds time basis in the technical college system under an agreement in which the
87.5person may not earn a salary of more than
87.6 through the technical college system.
87.7(b) Initial participation, the amount of time worked, and the duration of participation
87.8under this section must be mutually agreed upon by the employer and the employee. The
87.9employer may require up to a one-year notice of intent to participate in the program as a
87.10condition of participation under this section. The employer shall determine the time
87.11of year the employee shall work.
87.12(c) Notwithstanding any law to the contrary, a person eligible under paragraphs
87.13(a) and (b) may not earn further service credit in a first class city teachers retirement
87.14association and is not eligible to participate in the individual retirement account plan or
87.15the supplemental retirement plan established in chapter 354B as a result of service under
87.16this section. No employer or employee contribution to any of these plans may be made on
87.17behalf of such a person.
87.18EFFECTIVE DATE.This section is effective July 1, 2014.
87.19 Sec. 6. Minnesota Statutes 2012, section 354B.21, subdivision 2, is amended to read:
87.20 Subd. 2. Coverage; election. (a) An eligible person employed by the board has
87.21the default coverage specified in subdivision 3, or other subdivisions of this section,
87.22whichever is applicable, and retains that coverage for the period of covered employment
87.23unless a timely election to change that coverage is made as specified in this section.
87.24(b) An eligible person under subdivision 3, paragraph (b) or (c), is authorized to elect
87.25prospective Teachers Retirement Association plan coverage.
87.26(c) An eligible person under subdivision 3, paragraph (d), is authorized to elect
87.27prospective coverage by the plan established by this chapter.
87.28(d) The election under paragraph (a) must be made within one year of commencing
87.29eligible Minnesota State Colleges and Universities system employment. If an election
87.30is not made within the specified election period due to a termination of Minnesota State
87.31Colleges and Universities system employment, an election may be made within 90 days
87.32of returning to eligible Minnesota State Colleges and Universities system employment.
87.33Except as specified in paragraph (f), all elections are irrevocable.
87.34(e) Except as provided in paragraph (f), a purchase of service credit in the Teachers
87.35Retirement Association plan for any period or periods of Minnesota State Colleges
88.1and Universities system employment occurring before the election under this section
88.2is prohibited.
88.3(f) Notwithstanding other paragraphs in this subdivision, a faculty member who
88.4is a member of the individual retirement account plan may elect to transfer retirement
88.5coverage to the teachers retirement plan within one year of the faculty member first
88.6achieving tenure or its equivalent at a Minnesota state college or university. The faculty
88.7member electing Teachers Retirement Association coverage under this paragraph must
88.8purchase service credit in the Teachers Retirement Association for the entire period of
88.9time covered under the individual retirement account plan and the purchase payment
88.10amount must be determined under section
88.11may charge a faculty member transferring coverage a reasonable fee to cover the costs
88.12associated with computing the actuarial cost of purchasing service credit and making the
88.13transfer. A faculty member transferring from the individual retirement account plan to the
88.14Teachers Retirement Association may use any balances to the credit of the faculty member
88.15in the individual retirement account plan, any balances to the credit of the faculty member
88.16in the higher education supplemental retirement plan established under chapter 354C, or
88.17any source specified in section
88.18Teachers Retirement Association. If the total amount of payments under this paragraph are
88.19less than the total purchase payment amount under section
88.20must be refunded to the applicable source.
88.21
88.22
88.23EFFECTIVE DATE.This section is effective July 1, 2014.
88.24 Sec. 7. Laws 2009, chapter 169, article 6, section 1, the effective date, is amended to
88.25read:
88.26EFFECTIVE DATE
88.27enactment
88.28EFFECTIVE DATE.This section is effective the day following final enactment.
88.31 Section 1. Minnesota Statutes 2012, section 353.6511, subdivision 7, is amended to read:
89.1 Subd. 7. Postretirement adjustments. Effective January 1, 2012, service pensions
89.2and survivor benefits in force are entitled to be recomputed with the number of units
89.3specified in subdivision 2, subdivision 4, and subdivision 6. Optional annuities under
89.4Minnesota Statutes 2010, section 423C.05, subdivision 8, also are entitled to be recomputed
89.5as the actuarial equivalent of the service pensions and survivor benefits with the number of
89.6units specified in subdivision 2, subdivision 4, and subdivision 6. Retirement annuities,
89.7service pensions, disability benefits, and survivor benefits after December 31, 2015, are
89.8eligible for postretirement adjustments under section
89.9value for the calculation of a retirement annuity first payable after December 31, 2015, is
89.10the calendar year 2015 unit value, plus any annual postretirement adjustment percentage
89.11amount payable after December 31, 2015, under section
89.12
89.13when applicable, under section 356.415, subdivision 1c, paragraph (b), clause (1).
89.14 Sec. 2. Minnesota Statutes 2012, section 353.6512, subdivision 7, is amended to read:
89.15 Subd. 7. Postretirement adjustments. Retirement annuities, service pensions,
89.16disability benefits, and survivor benefits after December 31, 2015, are eligible for
89.17postretirement adjustments under section
89.18calculation of a retirement annuity first payable after December 31, 2015, is the calendar
89.19year 2015 unit value, plus any annual postretirement adjustment percentage amount
89.20payable after December 31, 2015, under section
89.21
89.22applicable, under section 356.415, subdivision 1c, paragraph (b), clause (1).
89.23 Sec. 3. Minnesota Statutes 2013 Supplement, section 423A.02, subdivision 3, is
89.24amended to read:
89.25 Subd. 3. Reallocation of amortization state aid. (a) Seventy percent of the
89.26difference between $5,720,000 and the current year amortization aid distributed under
89.27subdivision 1 that is not distributed for any reason to a municipality must be distributed
89.28by the commissioner of revenue according to this paragraph. The commissioner shall
89.29distribute 50 percent of the amounts derived under this paragraph to the Teachers
89.30Retirement Association, ten percent to the Duluth Teachers Retirement Fund Association,
89.31and 40 percent to the St. Paul Teachers Retirement Fund Association to fund the unfunded
89.32actuarial accrued liabilities of the respective funds. These payments must be made on July
89.3315 each fiscal year. If the St. Paul Teachers Retirement Fund Association or the Duluth
89.34Teachers Retirement Fund Association becomes fully funded, the association's eligibility
90.1for its portion of this aid ceases. Amounts remaining in the undistributed balance account
90.2at the end of the biennium if aid eligibility ceases cancel to the general fund.
90.3 (b) In order to receive amortization aid under paragraph (a), before June 30 annually
90.4Independent School District No. 625, St. Paul, must make an additional contribution of
90.5$800,000 each year to the St. Paul Teachers Retirement Fund Association.
90.6 (c) Thirty percent of the difference between $5,720,000 and the current year
90.7amortization aid under subdivision
90.8municipality must be distributed under section
90.9additional funding to support a minimum fire state aid amount for volunteer firefighter
90.10relief associations.
90.11EFFECTIVE DATE.This section is effective retroactively from July 1, 2013.
90.12 Sec. 4. Minnesota Statutes 2013 Supplement, section 423A.022, subdivision 2, is
90.13amended to read:
90.14 Subd. 2. Allocation. (a) Of the total amount appropriated as supplemental state aid:
90.15 (1)
90.16Employees Retirement Association for deposit in the public employees police and fire
90.17retirement fund established by section
90.18 (2) 35.484 percent must be paid to municipalities other than municipalities solely
90.19employing firefighters with retirement coverage provided by the public employees police
90.20and fire retirement plan which qualified to receive fire state aid in that calendar year,
90.21allocated in proportion to the most recent amount of fire state aid paid under section
90.23for all municipalities other than the municipalities solely employing firefighters with
90.24retirement coverage provided by the public employees police and fire retirement plan
90.25paid under section
90.26participating in the voluntary statewide lump-sum volunteer firefighter retirement plan
90.27paid to the executive director of the Public Employees Retirement Association for deposit
90.28in the fund established by section
90.29account and with the balance paid to the treasurer of each municipality for transmittal
90.30within 30 days of receipt to the treasurer of the applicable volunteer firefighter relief
90.31association for deposit in its special fund; and
90.32 (3) 6.452 percent must be paid to the executive director of the Minnesota State
90.33Retirement System for deposit in the state patrol retirement fund.
90.34(b) For purposes of this section, the term "municipalities" includes independent
90.35nonprofit firefighting corporations that participate in the voluntary statewide lump-sum
91.1volunteer firefighter retirement plan under chapter 353G or with subsidiary volunteer
91.2firefighter relief associations operating under chapter 424A.
91.3EFFECTIVE DATE.This section is effective the day following final enactment.
91.4 Sec. 5. Minnesota Statutes 2013 Supplement, section 423A.022, subdivision 3, is
91.5amended to read:
91.6 Subd. 3. Reporting
91.7executive director of the Public Employees Retirement Association shall report to the
91.8commissioner of revenue the following:
91.9 (1) the municipalities which employ firefighters with retirement coverage by the
91.10public employees police and fire retirement plan;
91.11 (2) the number of firefighters with public employees police and fire retirement plan
91.12coverage employed by each municipality;
91.13 (3) the fire departments covered by the voluntary statewide lump-sum volunteer
91.14firefighter retirement plan; and
91.15 (4) any other information requested by the commissioner to administer the police
91.16and firefighter retirement supplemental state aid program.
91.17
91.18
91.19
91.20
91.21
91.22
91.23
91.24
91.25
91.26
91.27EFFECTIVE DATE.This section is effective the day following final enactment.
91.28 Sec. 6. ADDITIONAL SUPPLEMENTAL AID REVISION FOR OMITTED 2013
91.29INDEPENDENT NONPROFIT FIREFIGHTING CORPORATIONS.
91.30(a) Notwithstanding any provision of Minnesota Statutes, chapter 423A, to the
91.31contrary, this section modifies the allocation of the police and fire supplemental retirement
91.32state aid under Minnesota Statutes 2013 Supplement, section 423A.022, for October
91.331, 2014.
92.1(b) Before the allocation of the police and fire supplemental retirement state aid is
92.2made for October 1, 2014, the commissioner of revenue shall:
92.3(1) determine those fire departments that qualified for fire state aid under Minnesota
92.4Statutes 2012, section 69.021, subdivision 7, on October 1, 2013, that did not receive a
92.52013 allocation of police and fire supplemental retirement state aid, and that were an
92.6independent nonprofit firefighting corporation; and
92.7(2) determine the amount of police and fire supplemental retirement state aid
92.8under Minnesota Statutes 2013 Supplement, section 423A.022, that the fire departments
92.9described in clause (1) would have received on October 1, 2013, if the fire departments
92.10had been included in that allocation.
92.11(c) The total amount determined in paragraph (b), clause (2), must be deducted from
92.12the amount available for allocation under Minnesota Statutes 2013 Supplement, section
92.13423A.022, subdivision 2, clause (2), and the commissioner of revenue shall pay to the fire
92.14departments determined in paragraph (b), clause (1), their respective portion of the total as
92.15an additional payment on October 1, 2014.
92.16(d) The remaining amount after the deduction of the total amount under paragraph
92.17(c) must be allocated as provided in Minnesota Statutes, section 423A.022, subdivision 2.
92.18 Sec. 7. PERA; STUDY OF LOCAL RELIEF ASSOCIATION BENEFITS
92.19UNDER CONSOLIDATION.
92.20The executive director of the Public Employees Retirement Association shall
92.21report to the Legislative Commission on Pensions and Retirement by February 1, 2015,
92.22regarding the situation of former members and surviving spouses of former members of
92.23local salaried police and fire relief associations governed by Minnesota Statutes, chapter
92.24423A, that consolidated with the public employees police and fire retirement plan under
92.25Minnesota Statutes, chapter 353A, and Laws 1999, chapter 222, article 4.
92.26EFFECTIVE DATE.This section is effective the day following final enactment.
92.29 Section 1. Minnesota Statutes 2013 Supplement, section 356.215, subdivision 8,
92.30is amended to read:
92.31 Subd. 8. Interest and salary assumptions. (a) The actuarial valuation must use
92.32the applicable following
92.33
93.1(1) select and ultimate interest rate assumption
93.20Except for the legislators retirement plan and the constitutional officers calculation
93.21of total plan liabilities, the select preretirement interest rate assumption for the period
93.22after June 30, 2012, through June 30, 2017, is 8.0 percent.
93.23
93.24
93.25
93.26
93.27
93.28(2) single rate
93.29 93.30 |
plan |
interest rate assumption |
|
93.31 |
Bloomington Fire Department Relief Association |
6.0 |
|
93.32 93.33 |
local monthly benefit volunteer firefighters relief associations |
5.0 |
93.35adjustment rate actuarial assumption equal to the postretirement adjustment rate specified
93.36in section 354A.27, subdivision 7; 354A.29, subdivision 9; or 356.415, subdivision 1,
93.37whichever applies.
93.38(2) If funding stability has not been attained, the valuation must use a select
93.39postretirement adjustment rate actuarial assumption equal to the postretirement adjustment
93.40rate specified in section 354A.27, subdivision 6a; 354A.29, subdivision 8; or 356.415,
93.41subdivision 1a, 1b, 1c, 1d, 1e, or 1f, whichever applies, for a period ending when the
94.1approved actuary estimates that the plan will attain the defined funding stability measure,
94.2and thereafter an ultimate postretirement adjustment rate actuarial assumption equal
94.3to the postretirement adjustment rate under section 354A.27, subdivision 7; 354A.29,
94.4subdivision 9; or 356.415, subdivision 1, for the applicable period or periods beginning
94.5when funding stability is projected to be attained.
94.6
94.7salary increase assumption, the applicable following modified single rate future salary
94.8increase assumption, or the applicable following graded rate future salary increase
94.9assumption:
94.10 (1) single rate future salary increase assumption
94.11 |
plan |
future salary increase assumption |
|
94.12 |
legislators retirement plan |
5.0% |
|
94.13 |
judges retirement plan |
3.0 |
|
94.14 94.15 |
Bloomington Fire Department Relief Association |
4.0 |
94.17increase assumption or graded rate future salary increase assumption
94.22For plans other than the Duluth teachers
94.23retirement plan, the select calculation
94.24is: during the designated select period, a
94.25designated percentage rate is multiplied by
94.26the result of the designated integer minus T,
94.27where T is the number of completed years
94.28of service, and is added to the applicable
94.29future salary increase assumption. The
94.30designated select period is ten years and
94.31the designated integer is ten for the Duluth
94.32Teachers Retirement Fund Association
94.33and for the local government correctional
94.34service retirement plan and 15 for the St.
94.35Paul Teachers Retirement Fund Association.
94.36The designated percentage rate is 0.2
94.37percent for the St. Paul Teachers Retirement
95.1Fund Association. The select calculation
95.2for the Duluth Teachers Retirement Fund
95.3Association is 8.00 percent per year for
95.4service years one through seven, 7.25 percent
95.5per year for service years seven and eight,
95.6and 6.50 percent per year for service years
95.7eight and nine.
95.8 The ultimate future salary increase assumption is:
96.23(3) service-related ultimate future salary increase assumption
97.22
97.23assumption for calculating the amortization requirement for the unfunded actuarial
97.24accrued liability where the amortization retirement is calculated as a level percentage
97.25of an increasing payroll:
97.39
97.40unless a different salary assumption or a different payroll increase assumption:
97.41 (1) has been proposed by the governing board of the applicable retirement plan;
98.1 (2) is accompanied by the concurring recommendation of the actuary retained under
98.2section
98.3most recent actuarial valuation report if section
98.4 (3) has been approved or deemed approved under subdivision 18.
98.5EFFECTIVE DATE.This section is effective June 30, 2014, and applies to
98.6actuarial valuation reports prepared on or after that date.
98.7 Sec. 2. Minnesota Statutes 2012, section 356.215, subdivision 11, is amended to read:
98.8 Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
98.9the level normal cost, the actuarial valuation of the retirement plan must contain an
98.10exhibit for financial reporting purposes indicating the additional annual contribution
98.11sufficient to amortize the unfunded actuarial accrued liability and must contain an exhibit
98.12for contribution determination purposes indicating the additional contribution sufficient
98.13to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
98.14subdivision 8, paragraph (c), but excluding the MERF division of the Public Employees
98.15Retirement Association and the legislators retirement plan, the additional contribution
98.16must be calculated on a level percentage of covered payroll basis by the established date
98.17for full funding in effect when the valuation is prepared, assuming annual payroll growth
98.18at the applicable percentage rate set forth in subdivision 8, paragraph
98.19other retirement plans and for the MERF division of the Public Employees Retirement
98.20Association and the legislators retirement plan, the additional annual contribution must be
98.21calculated on a level annual dollar amount basis.
98.22 (b) For any retirement plan other than
98.23
98.24(e), (f), (g), (h), (i),
98.25used for calculating the actuarial accrued liability of the fund, a change in the benefit
98.26plan governing annuities and benefits payable from the fund, a change in the actuarial
98.27cost method used in calculating the actuarial accrued liability of all or a portion of the
98.28fund, or a combination of the three, which change or changes by itself or by themselves
98.29without inclusion of any other items of increase or decrease produce a net increase in the
98.30unfunded actuarial accrued liability of the fund, the established date for full funding is the
98.31first actuarial valuation date occurring after June 1, 2020.
98.32 (c) For any retirement plan
98.33
98.34actuarial assumptions used for calculating the actuarial accrued liability of the fund, a
98.35change in the benefit plan governing annuities and benefits payable from the fund, a
99.1change in the actuarial cost method used in calculating the actuarial accrued liability of all
99.2or a portion of the fund, or a combination of the three, and the change or changes, by itself
99.3or by themselves and without inclusion of any other items of increase or decrease, produce
99.4a net increase in the unfunded actuarial accrued liability in the fund, the established date
99.5for full funding must be determined using the following procedure:
99.6 (i) the unfunded actuarial accrued liability of the fund must be determined in
99.7accordance with the plan provisions governing annuities and retirement benefits and the
99.8actuarial assumptions in effect before an applicable change;
99.9 (ii) the level annual dollar contribution or level percentage, whichever is applicable,
99.10needed to amortize the unfunded actuarial accrued liability amount determined under item
99.11(i) by the established date for full funding in effect before the change must be calculated
99.12using the interest assumption specified in subdivision 8 in effect before the change;
99.13 (iii) the unfunded actuarial accrued liability of the fund must be determined in
99.14accordance with any new plan provisions governing annuities and benefits payable from
99.15the fund and any new actuarial assumptions and the remaining plan provisions governing
99.16annuities and benefits payable from the fund and actuarial assumptions in effect before
99.17the change;
99.18 (iv) the level annual dollar contribution or level percentage, whichever is applicable,
99.19needed to amortize the difference between the unfunded actuarial accrued liability amount
99.20calculated under item (i) and the unfunded actuarial accrued liability amount calculated
99.21under item (iii) over a period of 30 years from the end of the plan year in which the
99.22applicable change is effective must be calculated using the applicable interest assumption
99.23specified in subdivision 8 in effect after any applicable change;
99.24 (v) the level annual dollar or level percentage amortization contribution under item
99.25(iv) must be added to the level annual dollar amortization contribution or level percentage
99.26calculated under item (ii);
99.27 (vi) the period in which the unfunded actuarial accrued liability amount determined
99.28in item (iii) is amortized by the total level annual dollar or level percentage amortization
99.29contribution computed under item (v) must be calculated using the interest assumption
99.30specified in subdivision 8 in effect after any applicable change, rounded to the nearest
99.31integral number of years, but not to exceed 30 years from the end of the plan year in which
99.32the determination of the established date for full funding using the procedure set forth in this
99.33clause is made and not to be less than the period of years beginning in the plan year in which
99.34the determination of the established date for full funding using the procedure set forth in
99.35this clause is made and ending by the date for full funding in effect before the change; and
100.1 (vii) the period determined under item (vi) must be added to the date as of which
100.2the actuarial valuation was prepared and the date obtained is the new established date
100.3for full funding.
100.4 (d) For the MERF division of the Public Employees Retirement Association, the
100.5established date for full funding is June 30, 2031.
100.6 (e) For the general employees retirement plan of the Public Employees Retirement
100.7Association, the established date for full funding is June 30, 2031.
100.8 (f) For the Teachers Retirement Association, the established date for full funding is
100.9June 30, 2037.
100.10 (g) For the correctional state employees retirement plan of the Minnesota State
100.11Retirement System, the established date for full funding is June 30, 2038.
100.12 (h) For the judges retirement plan, the established date for full funding is June
100.1330, 2038.
100.14 (i) For the public employees police and fire retirement plan, the established date
100.15for full funding is June 30, 2038.
100.16 (j) For the St. Paul Teachers Retirement Fund Association, the established date for
100.17full funding is June 30 of the 25th year from the valuation date. In addition to other
100.18requirements of this chapter, the annual actuarial valuation must contain an exhibit
100.19indicating the funded ratio and the deficiency or sufficiency in annual contributions when
100.20comparing liabilities to the market value of the assets of the fund as of the close of the
100.21most recent fiscal year.
100.22(k) For the general state employees retirement plan of the Minnesota State
100.23Retirement System, the established date for full funding is June 30, 2040.
100.24 (l) For the retirement plans for which the annual actuarial valuation indicates an
100.25excess of valuation assets over the actuarial accrued liability, the valuation assets in
100.26excess of the actuarial accrued liability must be recognized as a reduction in the current
100.27contribution requirements by an amount equal to the amortization of the excess expressed
100.28as a level percentage of pay over a 30-year period beginning anew with each annual
100.29actuarial valuation of the plan.
100.30EFFECTIVE DATE.This section is effective July 1, 2014, and applies to actuarial
100.31valuation results prepared on or after that date.
100.32 Sec. 3. REPEALER.
100.33Minnesota Statutes 2012, section 356.415, subdivision 3, is repealed.
101.1EFFECTIVE DATE.This section is effective June 30, 2014, and applies to
101.2actuarial valuation reports prepared on or after that date.
101.5 Section 1. Minnesota Statutes 2013 Supplement, section 354A.27, subdivision 6a,
101.6is amended to read:
101.7 Subd. 6a. Postretirement adjustment transition. (a) If the funded ratio of the
101.8retirement plan based on the actuarial value of assets is at least 90 percent as reported in
101.9the two most recent actuarial
101.11by subdivision 7.
101.12(b) Each annuity or benefit recipient of the retirement plan who has been receiving
101.13that annuity or benefit for at least 12 months as of the applicable January 1 is eligible to
101.14receive a postretirement adjustment of one percent, payable on January 1.
101.15EFFECTIVE DATE.This section is effective July 1, 2015, unless Minnesota
101.16Statutes, section 354A.27, subdivision 6a, is repealed by action of the 2014 legislature.
101.17 Sec. 2. Minnesota Statutes 2012, section 354A.29, subdivision 8, is amended to read:
101.18 Subd. 8. Calculation of postretirement adjustments; transitional provision. (a)
101.19For purposes of computing postretirement adjustments for eligible benefit recipients of
101.20the St. Paul Teachers Retirement Fund Association, the accrued liability funding ratio
101.21based on the actuarial value of assets of the plan as determined by the two most recent
101.22actuarial
101.23the postretirement increase, as follows:
101.24 |
Funding ratio |
Postretirement increase |
|
101.25 |
Less than 80 percent |
1 percent |
|
101.26 101.27 |
At least 80 percent but less than90 percent |
2 percent |
101.29to be applied as a permanent increase to the regular payment of each eligible member
101.30on January 1 of the next calendar year. For any eligible member whose effective date
101.31of benefit commencement occurred during the calendar year before the postretirement
101.32increase is applied, the full increase amount must be prorated on the basis of whole
101.33calendar quarters in benefit payment status in the calendar year prior to the January 1 on
101.34which the postretirement increase is applied, calculated to the third decimal place.
102.1(c) If the accrued liability funding ratio based on the actuarial value of assets is at
102.2least 90 percent in two consecutive actuarial valuations, this subdivision expires and
102.3subsequent postretirement increases must be paid as specified in subdivision 9.
102.4EFFECTIVE DATE.This section is effective July 1, 2015.
102.5 Sec. 3. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1a, is
102.6amended to read:
102.7 Subd. 1a. Annual postretirement adjustments; Minnesota State Retirement
102.8System plans other than State Patrol retirement plan. (a) Retirement annuity, disability
102.9benefit, or survivor benefit recipients of the legislators retirement plans, including
102.10constitutional officers as specified in chapter 3A, the general state employees retirement
102.11plan, the correctional state employees retirement plan, the unclassified state employees
102.12retirement program, and the judges retirement plan are entitled to a postretirement
102.13adjustment annually on January 1, as follows:
102.14(1) a postretirement increase of two percent must be applied each year, effective
102.15on January 1, to the monthly annuity or benefit of each annuitant or benefit recipient
102.16who has been receiving an annuity or a benefit for at least 18 full months before the
102.17January 1 increase; and
102.18(2) for each annuitant or benefit recipient who has been receiving an annuity or
102.19a benefit for at least six full months, an annual postretirement increase of 1/12 of two
102.20percent for each month that the person has been receiving an annuity or benefit must be
102.21applied, effective January 1, following the calendar year in which the person has been
102.22retired for at least six months, but has been retired for less than 18 months.
102.23(b) The increases provided by this subdivision commence on January 1, 2011.
102.24Increases under this subdivision for the general state employees retirement plan, the
102.25correctional state employees retirement plan, or the judges retirement plan terminate on
102.26December 31 of the calendar year in which
102.27 valuations prepared by the approved actuary under sections
102.28standards for actuarial work promulgated by the Legislative Commission on Pensions
102.29and Retirement indicates that the market value of assets of the retirement plan equals or
102.30exceeds 90 percent of the actuarial accrued liability of the retirement plan and increases
102.31under subdivision 1 recommence after that date. Increases under this subdivision for
102.32the legislators retirement plan or the elected state officers retirement plan terminate
102.33on December 31 of the calendar year in which the actuarial valuation prepared by the
102.34approved actuary under sections
102.35promulgated by the Legislative Commission on Pensions and Retirement indicates that the
103.1market value of assets of the general state employees retirement plan equals or exceeds
103.290 percent of the actuarial accrued liability of the retirement plan and increases under
103.3subdivision 1 recommence after that date.
103.4(c) An increase in annuity or benefit payments under this subdivision must be made
103.5automatically unless written notice is filed by the annuitant or benefit recipient with the
103.6executive director of the applicable covered retirement plan requesting that the increase
103.7not be made.
103.8EFFECTIVE DATE.This section is effective July 1, 2014.
103.9 Sec. 4. Minnesota Statutes 2012, section 356.415, subdivision 1d, is amended to read:
103.10 Subd. 1d. Teachers Retirement Association annual postretirement adjustments.
103.11(a) Retirement annuity, disability benefit, or survivor benefit recipients of the Teachers
103.12Retirement Association are entitled to a postretirement adjustment annually on January
103.131, as follows:
103.14(1) for January 1, 2011, and January 1, 2012, no postretirement increase is payable;
103.15(2) for January 1, 2013, and each successive January 1 until funding stability is
103.16restored, a postretirement increase of two percent must be applied each year, effective
103.17on January 1, to the monthly annuity or benefit amount of each annuitant or benefit
103.18recipient who has been receiving an annuity or a benefit for at least 18 full months prior
103.19to the January 1 increase;
103.20(3) for January 1, 2013, and each successive January 1 until funding stability is
103.21restored, for each annuitant or benefit recipient who has been receiving an annuity or a
103.22benefit for at least six full months before the January 1 increase, an annual postretirement
103.23increase of 1/12 of two percent for each month the person has been receiving an annuity or
103.24benefit must be applied, effective January 1, for which the person has been retired for at
103.25least six months but less than 18 months;
103.26(4) for each January 1 following the restoration of funding stability, a postretirement
103.27increase of 2.5 percent must be applied each year, effective January 1, to the monthly
103.28annuity or benefit amount of each annuitant or benefit recipient who has been receiving an
103.29annuity or a benefit for at least 18 full months prior to the January 1 increase; and
103.30(5) for each January 1 following the restoration of funding stability, for each
103.31annuitant or benefit recipient who has been receiving an annuity or a benefit for at least
103.32six full months before the January 1 increase, an annual postretirement increase of 1/12
103.33of 2.5 percent for each month the person has been receiving an annuity or benefit must
103.34be applied, effective January 1, for which the person has been retired for at least six
103.35months but less than 18 months.
104.1(b) Funding stability is restored when the market value of assets of the Teachers
104.2Retirement Association equals or exceeds 90 percent of the actuarial accrued liabilities
104.3of the Teachers Retirement Association in the two most recent prior actuarial
104.4 valuations prepared under section
104.5approved actuary retained by the Teachers Retirement Association under section
104.6(c) An increase in annuity or benefit payments under this section must be made
104.7automatically unless written notice is filed by the annuitant or benefit recipient with the
104.8executive director of the Teachers Retirement Association requesting that the increase
104.9not be made.
104.10(d) The retirement annuity payable to a person who retires before becoming eligible
104.11for Social Security benefits and who has elected the optional payment as provided in
104.12section
104.13retirement annuity for the purposes of any postretirement adjustment. The period-certain
104.14retirement annuity plus the life retirement annuity must be the annuity amount payable
104.15until age 62, 65, or normal retirement age, as selected by the member at retirement, for an
104.16annuity amount payable under section
104.17the period-certain retirement annuity must terminate when the period-certain retirement
104.18annuity terminates.
104.19EFFECTIVE DATE.This section is effective July 1, 2015.
104.20 Sec. 5. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1e, is
104.21amended to read:
104.22 Subd. 1e. Annual postretirement adjustments; State Patrol retirement plan.
104.23(a) Retirement annuity, disability benefit, or survivor benefit recipients of the State Patrol
104.24retirement plan are entitled to a postretirement adjustment annually on January 1, as
104.25follows:
104.26(1) a postretirement increase of one percent must be applied each year, effective on
104.27January 1, to the monthly annuity or benefit of each annuitant or benefit recipient who
104.28has been receiving an annuity or a benefit for at least 18 full months before the January 1
104.29increase; and
104.30(2) for each annuitant or benefit recipient who has been receiving an annuity or a
104.31benefit for at least six full months, an annual postretirement increase of 1/12 of one percent
104.32for each month that the person has been receiving an annuity or benefit must be applied,
104.33effective January 1, following the calendar year in which the person has been retired for at
104.34least six months, but has been retired for less than 18 months.
105.1(b) The increases provided by this subdivision commence on January 1, 2014.
105.2Increases under paragraph (a) for the State Patrol retirement plan terminate on December
105.331 of the calendar year in which
105.4prepared by the approved actuary under sections
105.5for actuarial work promulgated by the Legislative Commission on Pensions and
105.6Retirement indicates that the market value of assets of the retirement plan equals or
105.7exceeds 85 percent of the actuarial accrued liability of the retirement plan and increases
105.8under paragraph (c) recommence after that date.
105.9(c) Retirement annuity, disability benefit, or survivor benefit recipients of the State
105.10Patrol retirement plan are entitled to a postretirement adjustment annually on January
105.111, as follows:
105.12(1) a postretirement increase of 1.5 percent must be applied each year, effective on
105.13January 1, to the monthly annuity or benefit of each annuitant or benefit recipient who
105.14has been receiving an annuity or a benefit for at least 18 full months before the January 1
105.15increase; and
105.16(2) for each annuitant or benefit recipient who has been receiving an annuity or a
105.17benefit for at least six full months, an annual postretirement increase of 1/12 of 1.5 percent
105.18for each month that the person has been receiving an annuity or benefit must be applied,
105.19effective January 1, following the calendar year in which the person has been retired for at
105.20least six months, but has been retired for less than 18 months.
105.21(d) Increases under paragraph (c) for the State Patrol retirement plan terminate on
105.22December 31 of the calendar year in which
105.23 valuations prepared by the approved actuary under sections
105.24the standards for actuarial work adopted by the Legislative Commission on Pensions
105.25and Retirement indicates that the market value of assets of the retirement plan equals or
105.26exceeds 90 percent of the actuarial accrued liability of the retirement plan and increases
105.27under subdivision 1 recommence after that date.
105.28(e) An increase in annuity or benefit payments under this subdivision must be made
105.29automatically unless written notice is filed by the annuitant or benefit recipient with the
105.30executive director of the applicable covered retirement plan requesting that the increase
105.31not be made.
105.32EFFECTIVE DATE.This section is effective July 1, 2014.
105.33 Sec. 6. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1f, is
105.34amended to read:
106.1 Subd. 1f. Annual postretirement adjustments; Minnesota State Retirement
106.2System judges retirement plan. (a) The increases provided under this subdivision begin
106.3on January 1, 2014, and are in lieu of increases under subdivision 1 or 1a for retirement
106.4annuity, disability benefit, or survivor benefit recipients of the judges retirement plan.
106.5(b) Retirement annuity, disability benefit, or survivor benefit recipients of the
106.6judges retirement plan are entitled to a postretirement adjustment annually on January
106.71, as follows:
106.8(1) a postretirement increase of 1.75 percent must be applied each year, effective
106.9on January 1, to the monthly annuity or benefit of each annuitant or benefit recipient
106.10who has been receiving an annuity or a benefit for at least 18 full months before the
106.11January 1 increase; and
106.12(2) for each annuitant or benefit recipient who has been receiving an annuity or a
106.13benefit for at least six full months, an annual postretirement increase of 1/12 of 1.75
106.14percent for each month that the person has been receiving an annuity or benefit must be
106.15applied, effective January 1, following the calendar year in which the person has been
106.16retired for at least six months, but has been retired for less than 18 months.
106.17(c) Increases under this subdivision terminate on December 31 of the calendar
106.18year in which
106.19approved actuary under sections
106.20promulgated by the Legislative Commission on Pensions and Retirement indicates that
106.21the market value of assets of the judges retirement plan equals or exceeds 70 percent of
106.22the actuarial accrued liability of the retirement plan. Increases under subdivision 1 or 1a,
106.23whichever is applicable, begin on the January 1 next following that date.
106.24(d) An increase in annuity or benefit payments under this subdivision must be made
106.25automatically unless written notice is filed by the annuitant or benefit recipient with the
106.26executive director of the applicable covered retirement plan requesting that the increase
106.27not be made.
106.28EFFECTIVE DATE.This section is effective July 1, 2014.
106.31 Section 1. Minnesota Statutes 2013 Supplement, section 69.051, subdivision 1a,
106.32is amended to read:
106.33 Subd. 1a. Financial statement. (a) The board of each volunteer firefighters relief
106.34association, as defined in section
107.1financial report and audit under subdivision 1 must prepare a detailed statement of the
107.2financial affairs for the preceding fiscal year of the relief association's special and general
107.3funds in the style and form prescribed by the state auditor. The detailed statement must
107.4show:
107.5(1) the sources and amounts of all money received;
107.6(2) all disbursements, accounts payable and accounts receivable;
107.7(3) the amount of money remaining in the treasury;
107.8(4) total assets, including a listing of all investments;
107.9(5) the accrued liabilities; and
107.10(6) all other items necessary to show accurately the revenues and expenditures and
107.11financial position of the relief association.
107.12(b) The detailed financial statement required under paragraph (a) must be certified
107.13by
107.14
107.15In addition to certifying the financial condition of the special and general funds of the relief
107.16association, the accountant or auditor conducting the examination shall give an opinion
107.17as to the condition of the special and general funds of the relief association, and shall
107.18comment upon any exceptions to the report. The
107.19have at least five years of public accounting, auditing, or similar experience, and must not
107.20be an active, inactive, or retired member of the relief association or the fire department.
107.21(c) The detailed statement required under paragraph (a) must be countersigned by:
107.22(1) the municipal clerk or clerk-treasurer of the municipality; or
107.23(2) where applicable, by the municipal clerk or clerk-treasurer of the largest
107.24municipality in population which contracts with the independent nonprofit firefighting
107.25corporation if the relief association is a subsidiary of an independent nonprofit firefighting
107.26corporation and by the secretary of the independent nonprofit firefighting corporation; or
107.27(3) by the chief financial official of the county in which the volunteer firefighter
107.28relief association is located or primarily located if the relief association is associated with
107.29a fire department that is not located in or associated with an organized municipality.
107.30(d) The volunteer firefighters' relief association board must file the detailed statement
107.31required under paragraph (a) in the relief association office for public inspection and
107.32present it to the governing body of the municipality within 45 days after the close of the
107.33fiscal year, and must submit a copy of the detailed statement to the state auditor within 90
107.34days of the close of the fiscal year.
107.35EFFECTIVE DATE.This section is effective the day following final enactment.
108.1 Sec. 2. Minnesota Statutes 2013 Supplement, section 69.051, subdivision 3, is
108.2amended to read:
108.3 Subd. 3. Report by certain municipalities; exceptions. (a) The chief
108.4administrative officer of each municipality which has an organized fire department but
108.5which does not have a firefighters' relief association governed by section
108.7prepare a detailed financial report of the receipts and disbursements by the municipality
108.8for fire protection service during the preceding calendar year on a form prescribed by the
108.9state auditor. The financial report must contain any information which the state auditor
108.10deems necessary to disclose the sources of receipts and the purpose of disbursements for
108.11fire protection service. The financial report must be signed by the municipal clerk or
108.12clerk-treasurer of the municipality. The financial report must be filed by the municipal clerk
108.13or clerk-treasurer with the state auditor on or before July 1 annually. The municipality does
108.14not qualify initially to receive, and is not entitled subsequently to retain, state aid under
108.15this chapter if the financial reporting requirement or the applicable requirements of this
108.16chapter or any other statute or special law have not been complied with or are not fulfilled.
108.17(b) Each municipality that has an organized fire department and provides retirement
108.18coverage to its firefighters through the voluntary statewide lump-sum volunteer firefighter
108.19retirement plan under chapter 353G qualifies to have fire state aid transmitted to and
108.20retained in the statewide lump-sum volunteer firefighter retirement fund without filing
108.21a detailed financial report if the executive director of the Public Employees Retirement
108.22Association certifies compliance by the municipality with the requirements of sections
108.24with the requirements of section
108.25(c) Each municipality qualifies to receive fire state aid under this chapter without
108.26filing a financial report under paragraph (a) if the municipality:
108.27(1) has an organized fire department;
108.28(2) does not have a volunteer firefighters relief association directly associated with
108.29its fire department;
108.30(3) does not participate in the statewide lump-sum volunteer firefighter retirement
108.31plan under chapter 353G;
108.32(4) provides retirement coverage to its firefighters through the public employees
108.33police and fire retirement plan under sections 353.63 to 353.68; and
108.34(5) is certified by the executive director of the Public Employees Retirement
108.35Association to the state auditor to have had an employer contribution under section
109.1353.65, subdivision 3, for its firefighters for the immediately prior calendar year equal to
109.2or greater than its fire state aid for the immediately prior calendar year.
109.3EFFECTIVE DATE.This section is effective the day following final enactment
109.4and applies to fire state aid payable on October 1, 2014.
109.5 Sec. 3. Minnesota Statutes 2012, section 356A.06, subdivision 7, is amended to read:
109.6 Subd. 7. Expanded list of authorized investment securities. (a) Authority. A
109.7covered pension plan not described by subdivision 6, paragraph (a), is an expanded list
109.8plan and shall invest its assets as specified in this subdivision. The governing board of an
109.9expanded list plan may select and appoint investment agencies to act for or on its behalf.
109.10 (b) Securities generally; investment forms. An expanded list plan is authorized
109.11to purchase, sell, lend, and exchange the investment securities authorized under this
109.12subdivision, including puts and call options and future contracts traded on a contract
109.13market regulated by a governmental agency or by a financial institution regulated by
109.14a governmental agency. These securities may be owned directly or through shares
109.15in exchange-traded or mutual funds, or as units in commingled trusts, subject to any
109.16limitations specified in this subdivision.
109.17 (c) Government obligations. An expanded list plan is authorized to invest funds in
109.18governmental bonds, notes, bills, mortgages, and other evidences of indebtedness if the
109.19issue is backed by the full faith and credit of the issuer or the issue is rated among the top
109.20four quality rating categories by a nationally recognized rating agency. The obligations in
109.21which funds may be invested under this paragraph are guaranteed or insured issues of:
109.22(1) the United States, one of its agencies, one of its instrumentalities, or an
109.23organization created and regulated by an act of Congress;
109.24(2) the Dominion of Canada or one of its provinces if the principal and interest are
109.25payable in United States dollars;
109.26(3) a state or one of its municipalities, political subdivisions, agencies, or
109.27instrumentalities; and
109.28(4) a United States government-sponsored organization of which the United States is
109.29a member if the principal and interest are payable in United States dollars.
109.30 (d) Investment-grade corporate obligations. An expanded list plan is authorized
109.31to invest funds in bonds, notes, debentures, transportation equipment obligations, or
109.32any other longer term evidences of indebtedness issued or guaranteed by a corporation
109.33organized under the laws of the United States or any of its states, or the Dominion of
109.34Canada or any of its provinces if:
109.35 (1) the principal and interest are payable in United States dollars; and
110.1 (2) the obligations are rated among the top four quality categories by a nationally
110.2recognized rating agency.
110.3(e) Below-investment-grade corporate obligations. An expanded list plan is
110.4authorized to invest in unrated corporate obligations or in corporate obligations that are
110.5not rated among the top four quality categories by a nationally recognized rating agency if:
110.6(1) the aggregate value of these obligations does not exceed five percent of the
110.7covered pension plan's market value;
110.8(2) the covered pension plan's participation is limited to 50 percent of a single
110.9offering subject to this paragraph; and
110.10(3) the covered pension plan's participation is limited to 25 percent of an issuer's
110.11obligations subject to this paragraph.
110.12 (f) Other obligations. (1) An expanded list plan is authorized to invest funds in:
110.13 (i) bankers acceptances and deposit notes if issued by a United States bank that is
110.14rated in the highest four quality categories by a nationally recognized rating agency;
110.15 (ii) certificates of deposit if issued by a United States bank or savings institution
110.16rated in the highest four quality categories by a nationally recognized rating agency or
110.17whose certificates of deposit are fully insured by federal agencies, or if issued by a credit
110.18union in an amount within the limit of the insurance coverage provided by the National
110.19Credit Union Administration;
110.20 (iii) commercial paper if issued by a United States corporation or its Canadian
110.21subsidiary and if rated in the highest two quality categories by a nationally recognized
110.22rating agency;
110.23 (iv) mortgage securities and asset-backed securities if rated in the top four quality
110.24categories by a nationally recognized rating agency;
110.25 (v) repurchase agreements and reverse repurchase agreements if collateralized with
110.26letters of credit or securities authorized in this section;
110.27 (vi) guaranteed investment contracts if issued by an insurance company or a bank
110.28that is rated in the top four quality categories by a nationally recognized rating agency
110.29or alternative guaranteed investment contracts if the underlying assets comply with the
110.30requirements of this subdivision;
110.31 (vii) savings accounts if fully insured by a federal agency; and
110.32 (viii) guaranty fund certificates, surplus notes, or debentures if issued by a domestic
110.33mutual insurance company.
110.34 (2) Sections
110.35of deposit and collateralization agreements executed by the covered pension plan under
110.36clause (1), item (ii).
111.1 (3) In addition to investments authorized by clause (1), item (iv), an expanded list
111.2plan is authorized to purchase from the Minnesota Housing Finance Agency all or any part
111.3of a pool of residential mortgages, not in default, that has previously been financed by the
111.4issuance of bonds or notes of the agency. The covered pension plan may also enter into
111.5a commitment with the agency, at the time of any issue of bonds or notes, to purchase
111.6at a specified future date, not exceeding 12 years from the date of the issue, the amount
111.7of mortgage loans then outstanding and not in default that have been made or purchased
111.8from the proceeds of the bonds or notes. The covered pension plan may charge reasonable
111.9fees for any such commitment and may agree to purchase the mortgage loans at a price
111.10sufficient to produce a yield to the covered pension plan comparable, in its judgment,
111.11to the yield available on similar mortgage loans at the date of the bonds or notes. The
111.12covered pension plan may also enter into agreements with the agency for the investment
111.13of any portion of the funds of the agency. The agreement must cover the period of the
111.14investment, withdrawal privileges, and any guaranteed rate of return.
111.15 (g) Corporate stocks. An expanded list plan is authorized to invest in stocks or
111.16convertible issues of any corporation organized under the laws of the United States or any
111.17of its states, any corporation organized under the laws of the Dominion of Canada or any
111.18of its provinces, or any corporation listed on an exchange that is regulated by an agency of
111.19the United States or of the Canadian national government.
111.20 An investment in any corporation must not exceed five percent of the total
111.21outstanding shares of that corporation, except that an expanded list plan may hold up
111.22to 20 percent of the shares of a real estate investment trust and up to 20 percent of the
111.23shares of a closed mutual fund.
111.24 (h) Other investments. (1) In addition to the investments authorized in paragraphs
111.25(b) to (g), and subject to the provisions in clause (2), an expanded list plan is authorized
111.26to invest funds in:
111.27 (i) equity and debt investment businesses through participation in limited
111.28partnerships, trusts, private placements, limited liability corporations, limited liability
111.29companies, limited liability partnerships, and corporations;
111.30 (ii) real estate ownership interests or loans secured by mortgages or deeds of trust
111.31or shares of real estate investment trusts, through investment in limited partnerships,
111.32bank-sponsored collective funds, trusts, mortgage participation agreements, and insurance
111.33company commingled accounts, including separate accounts;
111.34 (iii) resource investments through limited partnerships, trusts, private placements,
111.35limited liability corporations, limited liability companies, limited liability partnerships,
111.36and corporations; and
112.1 (iv) international securities.
112.2 (2) The investments authorized in clause (1) must conform to the following
112.3provisions:
112.4 (i) the aggregate value of all investments made under clause (1), items (i), (ii), and
112.5(iii), may not exceed 35 percent of the market value of the fund for which the expanded
112.6list plan is investing;
112.7 (ii) there must be at least four unrelated owners of the investment other than the
112.8expanded list plan for investments made under clause (1), item (i), (ii), or (iii);
112.9 (iii) the expanded list plan's participation in an investment vehicle is limited to 20
112.10percent thereof for investments made under clause (1), item (i), (ii), or (iii);
112.11 (iv) the expanded list plan's participation in a limited partnership does not include a
112.12general partnership interest or other interest involving general liability. The expanded list
112.13plan may not engage in any activity as a limited partner which creates general liability;
112.14(v) the aggregate value of all unrated obligations and obligations that are not rated
112.15among the top four quality categories by a nationally recognized rating agency authorized
112.16by paragraph (e) and clause (1), item (iv), must not exceed five percent of the covered
112.17plan's market value; and
112.18(vi) for volunteer firefighter relief associations, emerging market equity and
112.19international debt investments authorized under clause (1), item (iv), must not exceed 15
112.20percent of the association's special fund market value.
112.21(i) Supplemental plan investments. The governing body of an expanded list plan
112.22may certify assets to the State Board of Investment for investment under section
112.23(j) Asset mix limitations. The aggregate value of an expanded list plan's
112.24investments under paragraphs (g) and (h) and equity investments under paragraph (i),
112.25regardless of the form in which these investments are held, must not exceed 85 percent of
112.26the covered plan's market value.
112.27EFFECTIVE DATE.This section is effective the day following final enactment.
112.28 Sec. 4. Minnesota Statutes 2012, section 356A.06, subdivision 7a, is amended to read:
112.29 Subd. 7a. Restrictions. Any agreement to lend securities must be concurrently
112.30collateralized with cash or securities with a market value of not less than 100 percent of the
112.31market value of the loaned securities at the time of the agreement. For a covered pension
112.32authorized to purchase put and call options and futures contracts under subdivision 7, any
112.33agreement for put and call options and futures contracts may only be entered into with a
112.34fully offsetting amount of cash or securities. Only securities authorized by this section,
113.1excluding those under subdivision 7, paragraph
113.2accepted as collateral or offsetting securities.
113.3EFFECTIVE DATE.This section is effective the day following final enactment.
113.4 Sec. 5. Minnesota Statutes 2012, section 424A.015, is amended by adding a
113.5subdivision to read:
113.6 Subd. 6. Governing benefit plan provisions. A service pension or ancillary benefit
113.7payable under this chapter is governed by and must be calculated under the general statute,
113.8special law, relief association articles of incorporation, and relief association bylaw
113.9provisions applicable on the date on which the member separated from active service with
113.10the fire department and active membership in the relief association.
113.11EFFECTIVE DATE.This section is effective the day following final enactment.
113.12 Sec. 6. Minnesota Statutes 2012, section 424A.016, subdivision 4, is amended to read:
113.13 Subd. 4. Individual accounts. (a) An individual account must be established for
113.14each firefighter who is a member of the relief association.
113.15(b) To each individual active member account must be credited an equal share of:
113.16(1) any amounts of fire state aid received by the relief association;
113.17(2) any amounts of municipal contributions to the relief association raised from
113.18levies on real estate or from other available municipal revenue sources exclusive of fire
113.19state aid; and
113.20(3) any amounts equal to the share of the assets of the special fund to the credit of:
113.21(i) any former member who terminated active service with the fire department to
113.22which the relief association is associated before meeting the minimum service requirement
113.23provided for in subdivision 2, paragraph (b), and has not returned to active service with
113.24the fire department for a period no shorter than five years; or
113.25(ii) any retired member who retired before obtaining a full nonforfeitable interest in
113.26the amounts credited to the individual member account under subdivision 2, paragraph
113.27(b), and any applicable provision of the bylaws of the relief association. In addition, any
113.28investment return on the assets of the special fund must be credited in proportion to the
113.29share of the assets of the special fund to the credit of each individual active member
113.30account. Administrative expenses of the relief association payable from the special
113.31fund may be deducted from individual accounts in a manner specified in the bylaws of
113.32the relief association.
114.1(c) If the bylaws so permit and as the bylaws define, the relief association may credit
114.2any investment return on the assets of the special fund to the accounts of inactive members.
114.3(d) Amounts to be credited to individual accounts must be allocated uniformly
114.4for all years of active service and allocations must be made for all years of service,
114.5except for caps on service credit if so provided in the bylaws of the relief association.
114.6Amounts forfeited under paragraph (b), clause (3), before a resumption of active service
114.7and membership under section 424A.01, subdivision 6, remain forfeited and may not be
114.8reinstated upon the resumption of active service and membership. The allocation method
114.9may utilize monthly proration for fractional years of service, as the bylaws or articles of
114.10incorporation of the relief association so provide. The bylaws or articles of incorporation
114.11may define a "month," but the definition must require a calendar month to have at least 16
114.12days of active service. If the bylaws or articles of incorporation do not define a "month," a
114.13"month" is a completed calendar month of active service measured from the member's
114.14date of entry to the same date in the subsequent month.
114.15(e) At the time of retirement under subdivision 2 and any applicable provision of the
114.16bylaws of the relief association, a retiring member is entitled to that portion of the assets
114.17of the special fund to the credit of the member in the individual member account which is
114.18nonforfeitable under subdivision 3 and any applicable provision of the bylaws of the relief
114.19association based on the number of years of service to the credit of the retiring member.
114.20(f) Annually, the secretary of the relief association shall certify the individual
114.21account allocations to the state auditor at the same time that the annual financial statement
114.22or financial report and audit of the relief association, whichever applies, is due under
114.23section
114.24EFFECTIVE DATE.This section is effective the day following final enactment.
114.25 Sec. 7. Minnesota Statutes 2013 Supplement, section 424A.016, subdivision 6, is
114.26amended to read:
114.27 Subd. 6. Deferred service pensions. (a) A member of a relief association is entitled
114.28to a deferred service pension if the member separates from active service and membership
114.29and has completed the minimum service and membership requirements in subdivision 2.
114.30The requirement that a member separate from active service and membership is waived
114.31for persons who have discontinued their volunteer firefighter duties and who are employed
114.32on a full-time basis under section
114.33 (b) The deferred service pension is payable when the former member reaches at
114.34least age 50, or at least the minimum age specified in the bylaws governing the relief
115.1association if that age is greater than age 50, and when the former member makes a valid
115.2written application.
115.3 (c) A defined contribution relief association may, if its governing bylaws so provide,
115.4credit interest or additional investment performance on the deferred lump-sum service
115.5pension during the period of deferral. If provided for in the bylaws, the interest must be
115.6paid:
115.7(1) at the investment performance rate actually earned on that portion of the assets
115.8if the deferred benefit amount is invested by the relief association in a separate account
115.9established and maintained by the relief association;
115.10(2) at the investment performance rate actually earned on that portion of the assets
115.11if the deferred benefit amount is invested in a separate investment vehicle held by the
115.12relief association; or
115.13(3) at the investment return on the assets of the special fund of the defined contribution
115.14volunteer firefighter relief association in proportion to the share of the assets of the special
115.15fund to the credit of each individual deferred member account through the accounting date
115.16on which the investment return is recognized by and credited to the special fund.
115.17 (d) Unless the bylaws of a relief association that has elected to pay interest or
115.18additional investment performance on deferred lump-sum service pensions under
115.19paragraph (c) specifies a different interest or additional investment performance method,
115.20including the interest or additional investment performance period starting date and ending
115.21date, the interest or additional investment performance on a deferred service pension
115.22is creditable as follows:
115.23(1) for a relief association that has elected to pay interest or additional investment
115.24performance under paragraph (c), clause (1) or (3), beginning on the date that the
115.25member separates from active service and membership and ending on the accounting
115.26date immediately before the deferred member commences receipt of the deferred service
115.27pension; or
115.28(2) for a relief association that has elected to pay interest or additional investment
115.29performance under paragraph (c), clause (2), beginning on the date that the member
115.30separates from active service and membership and ending on the date that the separate
115.31investment vehicle is valued immediately before the date on which the deferred member
115.32commences receipt of the deferred service pension.
115.33
115.34
115.35
115.36
116.1EFFECTIVE DATE.This section is effective the day following final enactment.
116.2 Sec. 8. Minnesota Statutes 2012, section 424A.016, subdivision 7, is amended to read:
116.3 Subd. 7. Limitation on ancillary benefits. (a) A defined contribution relief
116.4association may only pay an ancillary benefit which would constitute an authorized
116.5disbursement as specified in section
116.6must equal the vested and nonvested amount of the individual account of the member.
116.7(b) For deferred members, the ancillary benefit must equal the vested amount of
116.8the individual account of the member. For the recipient of installment payments of a
116.9service pension, the ancillary benefit must equal the remaining balance in the individual
116.10account of the recipient.
116.11(c) If the bylaws permit and as defined by the bylaws, the relief association may pay
116.12an ancillary benefit to, or on behalf of, a member who is not active or deferred.
116.13(d)(1) If a survivor or death benefit is payable under the articles of incorporation or
116.14bylaws, the benefit must be paid:
116.15(i) as a survivor benefit to the surviving spouse of the deceased firefighter;
116.16(ii) as a survivor benefit to the surviving children of the deceased firefighter if no
116.17surviving spouse;
116.18(iii) as a survivor benefit to a designated beneficiary of the deceased firefighter if no
116.19surviving spouse or surviving children; or
116.20(iv) as a death benefit to the estate of the deceased active or deferred firefighter if no
116.21surviving spouse, no surviving children, and no beneficiary designated.
116.22(2) If there are no surviving children, the surviving spouse may waive, in writing,
116.23wholly or partially, the spouse's entitlement to a survivor benefit.
116.24
116.25association, a trust created under chapter 501B may be a designated beneficiary. If a trust
116.26payable to the surviving children organized under chapter 501B has been established as
116.27authorized by this section and there is no surviving spouse, the survivor benefit may be
116.28paid to the trust, notwithstanding the requirements of this section.
116.29EFFECTIVE DATE.This section is effective the day following final enactment.
116.30 Sec. 9. Minnesota Statutes 2013 Supplement, section 424A.02, subdivision 3, is
116.31amended to read:
116.32 Subd. 3. Flexible service pension maximums. (a) Annually on or before August
116.331 as part of the certification of the financial requirements and minimum municipal
116.34obligation determined under section
117.15
117.2in the bylaws of each defined benefit relief association shall calculate and certify to the
117.3governing body of the applicable
117.4financing per active covered firefighter for the most recent three-year period. The amount
117.5of available financing includes any amounts of fire state aid received or receivable by the
117.6relief association, any amounts of municipal contributions to the relief association raised
117.7from levies on real estate or from other available revenue sources exclusive of fire state
117.8aid, and one-tenth of the amount of assets in excess of the accrued liabilities of the relief
117.9association calculated under section
117.10and 4; or
117.11 (b) The maximum service pension which the defined benefit relief association has
117.12authority to provide for in its bylaws for payment to a member retiring after the calculation
117.13date when the minimum age and service requirements specified in subdivision 1 are met
117.14must be determined using the table in paragraph (c) or (d), whichever applies.
117.15 (c) For a defined benefit relief association where the governing bylaws provide for
117.16a monthly service pension to a retiring member, the maximum monthly service pension
117.17amount per month for each year of service credited that may be provided for in the bylaws
117.18is the greater of the service pension amount provided for in the bylaws on the date of the
117.19calculation of the average amount of the available financing per active covered firefighter
117.20or the maximum service pension figure corresponding to the average amount of available
117.21financing per active covered firefighter:
120.14 (d) For a defined benefit relief association in which the governing bylaws provide
120.15for a lump-sum service pension to a retiring member, the maximum lump-sum service
120.16pension amount for each year of service credited that may be provided for in the bylaws is
120.17the greater of the service pension amount provided for in the bylaws on the date of the
120.18calculation of the average amount of the available financing per active covered firefighter
120.19or the maximum service pension figure corresponding to the average amount of available
120.20financing per active covered firefighter for the applicable specified period:
123.24 (e) For a defined benefit relief association in which the governing bylaws provide
123.25for a monthly benefit service pension as an alternative form of service pension payment
123.26to a lump-sum service pension, the maximum service pension amount for each pension
123.27payment type must be determined using the applicable table contained in this subdivision.
123.28 (f) If a defined benefit relief association establishes a service pension in compliance
123.29with the applicable maximum contained in paragraph (c) or (d) and the minimum average
123.30amount of available financing per active covered firefighter is subsequently reduced
123.31because of a reduction in fire state aid or because of an increase in the number of active
123.32firefighters, the relief association may continue to provide the prior service pension
123.33amount specified in its bylaws, but may not increase the service pension amount until
123.34the minimum average amount of available financing per firefighter under the table in
123.35paragraph (c) or (d), whichever applies, permits.
123.36 (g) No defined benefit relief association is authorized to provide a service pension in
123.37an amount greater than the largest applicable flexible service pension maximum amount
123.38even if the amount of available financing per firefighter is greater than the financing
123.39amount associated with the largest applicable flexible service pension maximum.
124.1(h) The method of calculating service pensions must be applied uniformly for all
124.2years of active service. Credit must be given for all years of active service except for caps
124.3on service credit if so provided in the bylaws of the relief association.
124.4EFFECTIVE DATE.This section is effective the day following final enactment.
124.5 Sec. 10. Minnesota Statutes 2013 Supplement, section 424A.02, subdivision 7, is
124.6amended to read:
124.7 Subd. 7. Deferred service pensions. (a) A member of a defined benefit relief
124.8association is entitled to a deferred service pension if the member separates from active
124.9service and membership and has completed the minimum service and membership
124.10requirements in subdivision 1. The requirement that a member separate from active service
124.11and membership is waived for persons who have discontinued their volunteer firefighter
124.12duties and who are employed on a full-time basis under section
124.13 (b) The deferred service pension is payable when the former member reaches at
124.14least age 50, or at least the minimum age specified in the bylaws governing the relief
124.15association if that age is greater than age 50, and when the former member makes a valid
124.16written application.
124.17 (c) A defined benefit relief association that provides a lump-sum service pension
124.18governed by subdivision 3 may, when its governing bylaws so provide, pay interest on the
124.19deferred lump-sum service pension during the period of deferral. If provided for in the
124.20bylaws, interest must be paid in one of the following manners:
124.21 (1) at the investment performance rate actually earned on that portion of the assets
124.22if the deferred benefit amount is invested by the relief association in a separate account
124.23established and maintained by the relief association;
124.24(2) at the investment performance rate actually earned on that portion of the assets
124.25if the deferred benefit amount is invested in a separate investment vehicle held by the
124.26relief association; or
124.27 (3) at an interest rate of up to five percent, compounded annually, as set by the
124.28board of trustees.
124.29(d) Any change in the interest rate set by the board of
124.30paragraph (c), clause (3), must be ratified by the governing body of the municipality
124.31served by the fire department to which the relief association is directly associated, or by
124.32the independent nonprofit firefighting corporation, as applicable.
124.33 (e) Interest under paragraph (c), clause (3), is payable beginning on the January 1
124.34next following the date on which the deferred service pension interest rate as set by the
124.35board of trustees was ratified by the governing body of the municipality served by the fire
125.1department to which the relief association is directly associated, or by the independent
125.2nonprofit firefighting corporation, as applicable.
125.3 (f) Unless the bylaws of a relief association that has elected to pay interest or
125.4additional investment performance on deferred lump-sum service pensions under
125.5paragraph (c) specifies a different interest or additional investment performance method,
125.6including the interest or additional investment performance period starting date and ending
125.7date, the interest or additional investment performance on a deferred service pension
125.8is creditable as follows:
125.9(1) for a relief association that has elected to pay interest or additional investment
125.10performance under paragraph (c), clause (1) or (3), beginning on the first day of the
125.11month next following the date on which the member separates from active service and
125.12membership and ending on the last day of the month immediately before the month in
125.13which the deferred member commences receipt of the deferred service pension; or
125.14(2) for a relief association that has elected to pay interest or additional investment
125.15performance under paragraph (c), clause (2), beginning on the date that the member
125.16separates from active service and membership and ending on the date that the separate
125.17investment vehicle is valued immediately before the date on which the deferred member
125.18commences receipt of the deferred service pension.
125.19(g) For a deferred service pension that is transferred to a separate account established
125.20and maintained by the relief association or separate investment vehicle held by the relief
125.21association, the deferred member bears the full investment risk subsequent to transfer and
125.22in calculating the accrued liability of the volunteer firefighters relief association that pays
125.23a lump-sum service pension, the accrued liability for deferred service pensions is equal
125.24to the separate relief association account balance or the fair market value of the separate
125.25investment vehicle held by the relief association.
125.26
125.27
125.28
125.29
125.30EFFECTIVE DATE.This section is effective the day following final enactment.
125.31 Sec. 11. Minnesota Statutes 2012, section 424A.05, subdivision 3, is amended to read:
125.32 Subd. 3. Authorized disbursements from special fund. Disbursements from the
125.33special fund may not be made for any purpose other than one of the following:
125.34 (1) for the payment of service pensions to retired members of the relief association if
125.35authorized and paid under law and the bylaws governing the relief association;
126.1(2) for the purchase of an annuity for the applicable person under section
126.2subdivision 3, for the transfer of service pension or benefit amounts to the applicable
126.3person's individual retirement account under section
126.4applicable person's account in the Minnesota deferred compensation plan under section
126.6 (3) for the payment of temporary or permanent disability benefits to disabled
126.7members of the relief association if authorized and paid under law and specified in amount
126.8in the bylaws governing the relief association;
126.9 (4) for the payment of survivor benefits or for the payment of a death benefit to the
126.10estate of the deceased active or deferred firefighter, if authorized and paid under law and
126.11specified in amount in the bylaws governing the relief association;
126.12 (5) for the payment of the fees, dues and assessments to the Minnesota State Fire
126.13Department Association and to the Minnesota
126.14
126.15of these associations or organizations;
126.16(6) for the payment of insurance premiums to the state Volunteer Firefighters Benefit
126.17Association, or an insurance company licensed by the state of Minnesota offering casualty
126.18insurance, in order to entitle relief association members to membership in and the benefits
126.19of the association or organization; and
126.20 (7) for the payment of administrative expenses of the relief association as authorized
126.21under section
126.22EFFECTIVE DATE.This section is effective the day following final enactment.
126.23 Sec. 12. Minnesota Statutes 2012, section 424A.08, is amended to read:
126.24424A.08 MUNICIPALITY WITHOUT RELIEF ASSOCIATION;
126.25AUTHORIZED DISBURSEMENTS.
126.26(a) Any
126.27has no volunteer firefighters' relief association directly associated with its fire department
126.28and which has no full-time firefighters with retirement coverage by the public employees
126.29police and fire retirement plan shall deposit the fire state aid in a special account
126.30established for that purpose in the municipal treasury. Disbursement from the special
126.31account may not be made for any purpose except:
126.32(1) payment of the fees, dues and assessments to the Minnesota State Fire
126.33Department Association and to the state Volunteer Firefighters' Benefit Association in
126.34order to entitle its firefighters to membership in and the benefits of these state associations;
127.1(2) payment of the cost of purchasing and maintaining needed equipment for the
127.2fire department; and
127.3(3) payment of the cost of construction, acquisition, repair, or maintenance of
127.4buildings or other premises to house the equipment of the fire department.
127.5(b) A
127.6volunteer firefighters' relief association directly associated with its fire department, which
127.7does not participate in the voluntary statewide lump-sum volunteer firefighter retirement
127.8plan under chapter 353G, and which has full-time firefighters with retirement coverage
127.9by the public employees police and fire retirement plan may disburse the fire state aid as
127.10provided in paragraph (a), for the payment of the employer contribution requirement with
127.11respect to firefighters covered by the public employees police and fire retirement plan under
127.12section
127.13(c) A municipality that has no volunteer firefighters' relief association directly
127.14associated with it and that participates in the voluntary statewide lump-sum volunteer
127.15firefighter retirement plan under chapter 353G shall transmit any fire state aid that it
127.16receives to the voluntary statewide lump-sum volunteer firefighter retirement fund.
127.17EFFECTIVE DATE.This section is effective the day following final enactment.
127.18 Sec. 13. Minnesota Statutes 2013 Supplement, section 424A.092, subdivision 6,
127.19is amended to read:
127.20 Subd. 6. Municipal ratification for plan amendments. If the special fund of
127.21the relief association does not have a surplus over full funding under subdivision 3,
127.22paragraph (c), clause (5), and if the municipality is required to provide financial support
127.23to the special fund of the relief association under this section, the adoption of or any
127.24amendment to the articles of incorporation or bylaws of a relief association which
127.25increases or otherwise affects the retirement coverage provided by or the service pensions
127.26or retirement benefits payable from the special fund of any relief association to which this
127.27section applies is not effective until it is ratified by the governing body of the municipality
127.28
127.29relief association is directly associated or by the independent nonprofit firefighting
127.30corporation, as applicable, and the officers of a relief association shall not seek municipal
127.31ratification prior to preparing and certifying an estimate of the expected increase in the
127.32accrued liability and annual accruing liability of the relief association attributable to the
127.33amendment. If the special fund of the relief association has a surplus over full funding
127.34under subdivision 3, paragraph (c), clause (5), and if the municipality is not required to
127.35provide financial support to the special fund of the relief association under this section,
128.1the relief association may adopt or amend its articles of incorporation or bylaws which
128.2increase or otherwise affect the retirement coverage provided by or the service pensions
128.3or retirement benefits payable from the special fund of the relief association which are
128.4effective without municipal ratification so long as this does not cause the amount of the
128.5resulting increase in the accrued liability of the special fund of the relief association to
128.6exceed 90 percent of the amount of the surplus over full funding reported in the prior year
128.7and this does not result in the financial requirements of the special fund of the relief
128.8association exceeding the expected amount of the future fire state aid to be received by
128.9the relief association as determined by the board of trustees following the preparation
128.10of an estimate of the expected increase in the accrued liability and annual accruing
128.11liability of the relief association attributable to the change. If a relief association adopts or
128.12amends its articles of incorporation or bylaws without municipal ratification under this
128.13subdivision, and, subsequent to the amendment or adoption, the financial requirements
128.14of the special fund of the relief association under this section are such so as to require
128.15financial support from the municipality, the provision which was implemented without
128.16municipal ratification is no longer effective without municipal ratification and any service
128.17pensions or retirement benefits payable after that date may be paid only in accordance with
128.18the articles of incorporation or bylaws as amended or adopted with municipal ratification.
128.19EFFECTIVE DATE.This section is effective the day following final enactment.
128.20 Sec. 14. Minnesota Statutes 2013 Supplement, section 424A.093, subdivision 2,
128.21is amended to read:
128.22 Subd. 2. Determination of actuarial condition and funding costs. A relief
128.23association to which this section applies shall obtain an actuarial valuation showing the
128.24condition of the special fund of the relief association as of December 31, 1978, and at
128.25least as of December 31 every four years thereafter. The valuation shall be prepared in
128.26accordance with the provisions of sections
128.27applicable standards for actuarial work established by the Legislative Commission on
128.28Pensions and Retirement, except that the figure for normal cost shall be expressed as a
128.29level dollar amount, and the amortization contribution shall be the level dollar amount
128.30calculated to amortize any current unfunded accrued liability by at least the date of full
128.31funding specified in subdivision 4, clause (b). Each valuation shall be filed with the
128.32governing body of the municipality
128.33fire department to which the relief association is directly associated or by the independent
128.34nonprofit firefighting corporation, as applicable, and with the state auditor, not later than
128.35July 1 of the year next following the date as of which the actuarial valuation is prepared.
129.1Any relief association which is operating under a special law which requires that actuarial
129.2valuations be obtained at least every four years and be prepared in accordance with
129.3applicable actuarial standards set forth in statute may continue to have actuarial valuations
129.4made according to the time schedule set forth in the special legislation subject to the
129.5provisions of subdivision 3.
129.6EFFECTIVE DATE.This section is effective the day following final enactment.
129.7 Sec. 15. Minnesota Statutes 2013 Supplement, section 424A.093, subdivision 6,
129.8is amended to read:
129.9 Subd. 6. Municipal ratification for plan amendments. If the special fund of the
129.10relief association does not have a surplus over full funding under subdivision 4, and
129.11if the municipality is required to provide financial support to the special fund of the
129.12relief association under this section, the adoption of or any amendment to the articles of
129.13incorporation or bylaws of a relief association which increases or otherwise affects the
129.14retirement coverage provided by or the service pensions or retirement benefits payable
129.15from the special fund of any relief association to which this section applies is not effective
129.16until it is ratified by the governing body of the municipality
129.17
129.18or by the independent nonprofit firefighting corporation, as applicable. If the special
129.19fund of the relief association has a surplus over full funding under subdivision 4, and if
129.20the municipality is not required to provide financial support to the special fund of the
129.21relief association under this section, the relief association may adopt or amend its articles
129.22of incorporation or bylaws which increase or otherwise affect the retirement coverage
129.23provided by or the service pensions or retirement benefits payable from the special fund
129.24of the relief association which are effective without municipal ratification so long as this
129.25does not cause the amount of the resulting increase in the accrued liability of the special
129.26fund of the relief association to exceed 90 percent of the amount of the surplus over full
129.27funding reported in the prior year and this does not result in the financial requirements of
129.28the special fund of the relief association exceeding the expected amount of the future fire
129.29state aid to be received by the relief association as determined by the board of trustees
129.30following the preparation of an updated actuarial valuation including the proposed change
129.31or an estimate of the expected actuarial impact of the proposed change prepared by the
129.32actuary of the relief association. If a relief association adopts or amends its articles of
129.33incorporation or bylaws without municipal ratification pursuant to this subdivision, and,
129.34subsequent to the amendment or adoption, the financial requirements of the special fund
129.35of the relief association under this section are such so as to require financial support from
130.1the municipality, the provision which was implemented without municipal ratification is
130.2no longer effective without municipal ratification and any service pensions or retirement
130.3benefits payable after that date may be paid only in accordance with the articles of
130.4incorporation or bylaws as amended or adopted with municipal ratification.
130.5EFFECTIVE DATE.This section is effective the day following final enactment.
130.6 Sec. 16. Minnesota Statutes 2013 Supplement, section 424A.094, subdivision 2,
130.7is amended to read:
130.8 Subd. 2. Determination of actuarial condition and funding costs. Each
130.9independent nonprofit firefighting corporation to which this section applies shall determine
130.10the actuarial condition and the funding costs of the subsidiary relief association using
130.11the following procedure:
130.12(1) An independent nonprofit firefighting corporation which has a subsidiary relief
130.13association which pays a monthly benefit service pension shall procure an actuarial
130.14valuation of the special fund of the subsidiary relief association at the same times and
130.15in the same manner as specified in section
130.16independent nonprofit firefighting corporation which has a subsidiary relief association
130.17which pays a lump-sum service pension shall determine the accrued liability of the special
130.18fund of the relief association in accordance with section
130.19(2) The financial requirements of the special fund of the subsidiary relief association
130.20which pays a monthly benefit service pension shall be determined in the same manner
130.21as specified in section
130.22special fund of the subsidiary relief association shall be determined in the same manner as
130.23specified in section
130.24(3) The minimum obligation of the independent nonprofit firefighting corporation on
130.25behalf of the special fund of the subsidiary relief association shall be determined in the
130.26same manner as specified in section 424A.092, subdivision 4, or
130.27as applicable.
130.28(4) The independent nonprofit firefighting corporation shall appropriate annually
130.29from the income of the corporation an amount at least equal to the minimum obligation
130.30of the independent nonprofit firefighting corporation on behalf of the special fund of
130.31the subsidiary relief association.
130.32EFFECTIVE DATE.This section is effective the day following final enactment.
131.1 Sec. 17. Minnesota Statutes 2013 Supplement, section 424A.10, subdivision 2, is
131.2amended to read:
131.3 Subd. 2. Payment of supplemental benefit. (a) Upon the payment by a volunteer
131.4firefighters' relief association or by the voluntary statewide lump-sum volunteer firefighter
131.5retirement plan of a lump-sum distribution to a qualified recipient, the association must
131.6pay a supplemental benefit to the qualified recipient. Notwithstanding any law to the
131.7contrary, the relief association must pay the supplemental benefit out of its special fund
131.8and the voluntary statewide lump-sum volunteer firefighter retirement plan must pay
131.9the supplemental benefit out of the voluntary statewide lump-sum volunteer firefighter
131.10retirement plan. This benefit is an amount equal to ten percent of the regular lump-sum
131.11distribution that is paid on the basis of the recipient's service as a volunteer firefighter.
131.12In no case may the amount of the supplemental benefit exceed $1,000. A supplemental
131.13benefit under this paragraph may not be paid to a survivor of a deceased active or deferred
131.14volunteer firefighter in that capacity.
131.15 (b) Upon the payment by a relief association or the retirement plan of a lump-sum
131.16survivor benefit to a survivor of a deceased active volunteer firefighter or of a deceased
131.17deferred volunteer firefighter, the association must pay a supplemental survivor benefit to
131.18the survivor of the deceased active or deferred volunteer firefighter from the special fund
131.19of the relief association and the retirement plan must pay a supplemental survivor benefit
131.20to the survivor of the deceased active or deferred volunteer firefighter from the retirement
131.21fund if chapter 353G so provides. The amount of the supplemental survivor benefit is 20
131.22percent of the survivor benefit, but not to exceed $2,000.
131.23 (c) For purposes of this section, the term "regular lump-sum distribution" means the
131.24pretax lump-sum distribution excluding any interest that may have been credited during a
131.25volunteer firefighter's period of deferral.
131.26 (d) An individual may receive a supplemental benefit under paragraph (a) or under
131.27paragraph (b), but not under both paragraphs with respect to one lump-sum volunteer
131.28firefighter benefit.
131.29EFFECTIVE DATE.This section is effective the day following final enactment.
131.30 Sec. 18. Minnesota Statutes 2012, section 424B.12, is amended to read:
131.31424B.12 MIXED CONSOLIDATING RELIEF ASSOCIATIONS; BENEFIT
131.32PLAN; FUNDING.
131.33 Subdivision 1. Applicability. This section applies where one or more of the
131.34volunteer firefighters' relief associations involved in the consolidation are defined benefit
132.1relief associations as defined in section
132.2the volunteer firefighters' relief associations involved in the consolidation are defined
132.3contribution relief associations as defined in section
132.4 Subd. 2. Benefit plan. The articles of incorporation or bylaws of the successor
132.5relief association must specify whether the relief association is a defined benefit relief
132.6association or whether the relief association is a defined contribution relief association. If
132.7the successor relief association is a defined benefit relief association, the relief association
132.8benefits must comply with sections
132.9the successor relief association is a defined contribution relief association, the relief
132.10association must comply with sections
132.11 Subd. 3. Funding. If the successor relief association is a defined benefit relief
132.12association, the relief association funding is governed by section
132.13subdivision 2. If the successor relief association is a defined contribution relief association,
132.14the relief association funding is governed by section
132.15EFFECTIVE DATE.This section is effective the day following final enactment.
132.18 Section 1. Minnesota Statutes 2012, section 11A.17, subdivision 1, is amended to read:
132.19 Subdivision 1. Purpose; accounts; continuation. (a) The purpose of the
132.20supplemental investment fund is to provide an investment vehicle for the assets of various
132.21public retirement plans and funds.
132.22(b)
132.23
132.24
132.25
132.26accounts within the supplemental investment fund. These accounts shall include an
132.27appropriate array of diversified investment options for participants of the public retirement
132.28plans under subdivision 5.
132.29(c) The assets of the supplemental investment fund
132.30
132.31state board in types of investments permitted under section 11A.24.
132.32(d) The state board shall make available a volunteer firefighter account for the
132.33voluntary statewide lump-sum volunteer firefighter retirement plan under section 353G.02.
132.34EFFECTIVE DATE.This section is effective July 1, 2014.
133.1 Sec. 2. Minnesota Statutes 2012, section 11A.17, subdivision 9, is amended to read:
133.2 Subd. 9. Valuation of investment shares. (a) The value of
133.3
133.4
133.5excluding a money market account, must be determined by dividing the total market
133.6value of the securities constituting the respective account by the total number of shares
133.7then outstanding in the investment account.
133.8(b) The value of
133.9
133.10
133.11EFFECTIVE DATE.This section is effective July 1, 2014.
133.12 Sec. 3. Minnesota Statutes 2012, section 352.115, subdivision 8, is amended to read:
133.13 Subd. 8. Accrual of annuity.
133.14application for an annuity must not be made more than
133.15employee
133.16state employee elects to begin collecting a retirement annuity. If the director determines an
133.17applicant for annuity has fulfilled the legal requirements for an annuity, the director shall
133.18authorize the annuity payment in accordance with this chapter and payment must be made
133.19as authorized. An annuity shall begin to accrue no earlier than 180 days before the date the
133.20application is filed with the director, but not before the day following the termination of
133.21state service or before the day the employee is eligible to retire by reason of both age and
133.22service requirements. The retirement annuity shall cease with the last payment which had
133.23accrued during the lifetime of the retired employee unless an optional annuity provided in
133.24section
133.25last survivor annuity shall cease with the last payment received by the survivor during
133.26the lifetime of the survivor. If a retired employee had not selected an optional annuity, or
133.27a survivor annuity is not payable under the option, and a spouse survives, the spouse is
133.28entitled only to the annuity for the calendar month in which the retired employee died.
133.29If an optional annuity is payable after the death of the retired employee, the survivor is
133.30entitled to the annuity for the calendar month in which the retired employee died.
133.31EFFECTIVE DATE.This section is effective July 1, 2014.
133.32 Sec. 4. Minnesota Statutes 2012, section 352.115, subdivision 10, is amended to read:
134.1 Subd. 10. Reemployment of annuitant. (a) Except for salary or wages received
134.2as a temporary employee of the legislature during a legislative session, if any retired
134.3employee again becomes entitled to receive salary or wages from any employer who
134.4employs state employees as that term is defined in section
134.5position covered by this chapter, the annuity or retirement allowance must cease
134.6first of the month following the month that the retired employee has earned an amount
134.7equal to the annual maximum earnings allowable for that age for the continued receipt of
134.8full benefit amounts monthly under the federal old age, survivors, and disability insurance
134.9program as set by the secretary of health and human services under United States Code,
134.10title 42, section 403, in any calendar year. If the retired employee has not yet reached the
134.11minimum age for the receipt of Social Security benefits, the maximum earnings for the
134.12retired employee are equal to the annual maximum earnings allowable for the minimum
134.13age for the receipt of Social Security benefits.
134.14(b) The balance of the annual retirement annuity after cessation must be handled or
134.15disposed of as provided in section
134.16(c) The annuity must be resumed
134.17that state service ends, or, if the retired employee is still employed at the beginning of the
134.18next calendar year, at the beginning of that calendar year, and payment must again end
134.19when the retired employee has earned the applicable reemployment earnings maximum
134.20specified in this subdivision. If the retired employee is granted a sick leave without pay,
134.21but not otherwise, the annuity or retirement allowance must be resumed during the period
134.22of sick leave.
134.23(d) No payroll deductions for the retirement fund may be made from the earnings of
134.24a reemployed retired employee.
134.25(e) No change may be made in the monthly amount of an annuity or retirement
134.26allowance because of the reemployment of an annuitant.
134.27(f) If a reemployed annuitant whose annuity is suspended under paragraph (a)
134.28is having insurance premium amounts withheld under section
134.29insurance premium amounts must continue to be withheld and transferred from the
134.30suspended portion of the annuity. The balance of the annual retirement annuity after
134.31cessation, after deduction of the insurance premium amounts, must be treated as specified
134.32in paragraph (b).
134.33(g) If a reemployed annuitant whose annuity is suspended under paragraph (a)
134.34has a former spouse receiving a portion of the annuity allowable under section 518.58,
134.35subdivision 1, the portion payable to the former spouse must continue to be paid.
134.36EFFECTIVE DATE.This section is effective retroactively from January 1, 2014.
135.1 Sec. 5. Minnesota Statutes 2012, section 352.965, subdivision 4, is amended to read:
135.2 Subd. 4. Plan investments.
135.3 are those investments chosen by the State Board of Investment under section 356.645 for
135.4the plan.
135.5
135.6
135.7
135.8
135.9
135.10
135.11
135.12
135.13
135.14
135.15
135.16
135.17
135.18
135.19
135.20
135.21
135.22
135.23
135.24
135.25
135.26
135.27
135.28
135.29EFFECTIVE DATE.This section is effective July 1, 2014.
135.30 Sec. 6. Minnesota Statutes 2012, section 352.965, is amended by adding a subdivision
135.31to read:
135.32 Subd. 4a. Exclusive benefit. All amounts contributed to the deferred compensation
135.33plan and all earnings on those amounts must be held for the exclusive benefit of the plan
135.34participants and beneficiaries. These amounts must be held in trust, in custodial accounts,
136.1or in qualifying annuity contracts as required by federal law in accordance with section
136.2
136.3EFFECTIVE DATE.This section is effective July 1, 2014.
136.4 Sec. 7. Minnesota Statutes 2012, section 352.965, is amended by adding a subdivision
136.5to read:
136.6 Subd. 4b. Employer contribution prohibition. Except as authorized in section
136.7
136.8EFFECTIVE DATE.This section is effective July 1, 2014.
136.9 Sec. 8. Minnesota Statutes 2012, section 352.98, subdivision 2, is amended to read:
136.10 Subd. 2. Contracting authorized. (a) The executive director shall administer
136.11the plan and contract with public and private entities to provide investment services,
136.12record keeping, benefit payments, and other functions necessary for the administration of
136.13the plan.
136.14 (b) As specified in section 356.645, the
136.15
136.16 shall determine an appropriate selection of investment options
136.17by the health care savings plan
136.18EFFECTIVE DATE.This section is effective July 1, 2014.
136.19 Sec. 9. Minnesota Statutes 2012, section 352D.04, is amended by adding a subdivision
136.20to read:
136.21 Subd. 1a. State Board of Investment selection of investment products. As
136.22specified in section 356.645, the State Board of Investment shall select investment
136.23products to be available to participants in the retirement program provided by this chapter.
136.24EFFECTIVE DATE.This section is effective July 1, 2014.
136.25 Sec. 10. Minnesota Statutes 2012, section 352D.04, is amended by adding a
136.26subdivision to read:
136.27 Subd. 1b. Participant selection of investments. (a) A program participant may
136.28elect to participate in one or more of the investment products made available under the
136.29program by specifying the percentage of the participant's contributions under subdivision
136.302 to be used to purchase shares in the applicable products.
137.1(b) Before making an allocation election, or if the participant fails to specify an
137.2allocation, the executive director shall, on behalf of that participant, purchase shares
137.3in a default investment alternative. The investment alternative must be specified by
137.4the Minnesota State Retirement System Board from the available investment options
137.5authorized under subdivision 1a.
137.6(c) A participant may revise the investment allocation for subsequent purchase of
137.7shares, and a participant or former participant may also change the investment options
137.8selected for all or a portion of shares previously purchased.
137.9(d) Any investment allocation selection authorized under this subdivision, whether
137.10relating to subsequent purchases of new shares or reallocating the existing portfolio,
137.11must be conducted at times and under procedures prescribed by the executive director.
137.12Any allocation or allocation revisions are effective at the end of the most recent United
137.13States investment market day, unless subject to trading restrictions imposed on certain
137.14investment options.
137.15EFFECTIVE DATE.This section is effective July 1, 2014.
137.16 Sec. 11. Minnesota Statutes 2012, section 353.27, subdivision 4, is amended to read:
137.17 Subd. 4. Employer reporting requirements; contributions; member status.
137.18(a) A representative authorized by the head of each department shall deduct employee
137.19contributions from the salary of each public employee who qualifies for membership in
137.20the general employees retirement plan of the Public Employees Retirement Association
137.21or in the public employees police and fire retirement plan under this chapter or chapter
137.22353D or 353E at the rate under section
137.23applicable, that is in effect on the date the salary is paid. The employer representative must
137.24also remit payment in a manner prescribed by the executive director for the aggregate
137.25amount of the employee contributions and the required employer contributions to be
137.26received by the association within 14 calendar days after each pay date. If the payment is
137.27less than the amount required, the employer must pay the shortage amount to the association
137.28and collect reimbursement of any employee contribution shortage paid on behalf of a
137.29member through subsequent payroll withholdings from the wages of the employee.
137.30Payment of shortages in employee contributions and associated employer contributions, if
137.31applicable, must include interest at the rate specified in section
137.32received within 30 days following the date the amount was initially due under this section.
137.33(b) The head of each department or the person's designee shall submit for each
137.34pay period to the association a salary deduction report in the format prescribed by the
137.35executive director. The report must be received by the association within 14 calendar
138.1days after each pay date or the employer may be assessed a fine of $5 per calendar day
138.2until the association receives the required data. Data required as part of salary deduction
138.3reporting must include, but are not limited to:
138.4(1) the legal names and Social Security numbers of employees who are members;
138.5(2) the amount of each employee's salary deduction;
138.6(3) the amount of salary defined in section
138.7period from which each deduction was made, including a breakdown of the portion of the
138.8salary that represents overtime pay that the employee was paid for additional hours worked
138.9beyond the regularly scheduled hours, pay for unused compensatory time, and the salary
138.10amount earned by a reemployed annuitant under section
138.11subdivision 1
138.12(4) the beginning and ending dates of the payroll period covered and the date of
138.13actual payment; and
138.14(5) adjustments or corrections covering past pay periods as authorized by the
138.15executive director.
138.16(c) Employers must furnish the data required for enrollment for each new or
138.17reinstated employee who qualifies for membership in the general employees retirement
138.18plan of the Public Employees Retirement Association or in the public employees police
138.19and fire retirement plan in the format prescribed by the executive director. The required
138.20enrollment data on new members must be submitted to the association prior to or
138.21concurrent with the submission of the initial employee salary deduction. Also, the
138.22employer shall report to the association all member employment status changes, such as
138.23leaves of absence, terminations, and death, and shall report the effective dates of those
138.24changes, on an ongoing basis for the payroll cycle in which they occur. If an employer
138.25fails to comply with the reporting requirements under this paragraph, the executive
138.26director may assess a fine of $25 for each failure if the association staff has notified the
138.27employer of the noncompliance and attempted to obtain the missing data or form from the
138.28employer for a period of more than three months.
138.29(d) The employer shall furnish data, forms, and reports as may be required by
138.30the executive director for proper administration of the retirement system. Before
138.31implementing new or different computerized reporting requirements, the executive
138.32director shall give appropriate advance notice to governmental subdivisions to allow time
138.33for system modifications.
138.34(e) Notwithstanding paragraph (a), the executive director may provide for less
138.35frequent reporting and payments for small employers.
139.1(f) The executive director may establish reporting procedures and methods as
139.2required to review compliance by employers with the salary and contribution reporting
139.3requirements in this chapter. A review of the payroll records of a participating employer
139.4may be conducted by the association on a periodic basis or as a result of concerns known
139.5to exist within a governmental subdivision. An employer under review must extract
139.6requested data and provide records to the association after receiving reasonable advanced
139.7notice. Failure to provide requested information or materials will result in the employer
139.8being liable to the association for any expenses associated with a field audit, which may
139.9include staff salaries, administrative expenses, and travel expenses.
139.10EFFECTIVE DATE.This section is effective January 1, 2015.
139.11 Sec. 12. Minnesota Statutes 2012, section 353.37, is amended by adding a subdivision
139.12to read:
139.13 Subd. 6. Treatment in certain divorce situations. Notwithstanding other
139.14subdivisions of this section, if a reemployed annuitant whose annuity is suspended or
139.15reduced under this section has a former spouse receiving a portion of the annuity under
139.16section 518.58, subdivision 1, the portion payable to the former spouse must not be
139.17suspended or deferred.
139.18EFFECTIVE DATE.This section is effective retroactively from January 1, 2014.
139.19 Sec. 13. Minnesota Statutes 2012, section 353.371, is amended by adding a subdivision
139.20to read:
139.21 Subd. 8. Program expiration. (a) Initial postretirement option employment
139.22agreements must not be entered into after June 30, 2019.
139.23(b) This section expires on June 30, 2024.
139.24EFFECTIVE DATE.This section is effective July 1, 2014.
139.25 Sec. 14. Minnesota Statutes 2013 Supplement, section 353.651, subdivision 4, is
139.26amended to read:
139.27 Subd. 4. Early retirement. (a) A person who becomes a public employees police
139.28and fire retirement plan member after June 30, 2007, or a former member who is reinstated
139.29as a member of the plan after that date, who is at least 50 years of age and is at least
139.30partially vested under section
139.31
139.32
140.1
140.2calculated under subdivision 3, reduced by two-tenths of one percent for each month that
140.3the member is under age 55 at the time of retirement.
140.4 (b) Upon the termination of public
140.5plan membership before July 1, 2014,
140.6
140.7
140.8a member of the plan before July 1, 2007, and who is not specified in paragraph (a),
140.9upon attaining at least 50 years of age with at least three years of allowable service is
140.10entitled upon application to a retirement annuity equal to the normal annuity calculated
140.11under subdivision 3, reduced by one-tenth of one percent for each month that the member
140.12is under age 55 at the time of retirement.
140.13(c) A person
140.14police and fire retirement plan on or after July 1, 2014,
140.15
140.16
140.17subdivision 47, and whose benefit effective date is after July 1, 2014,
140.18
140.19entitled upon application to a retirement annuity equal to the normal annuity calculated
140.20under subdivision 3, reduced for each month the member is under age 55 at the time of
140.21retirement by applying a blended monthly rate that is equivalent to the sum of:
140.22(1) one-sixtieth of the annual rate of five percent, prorated for each month the
140.23person's benefit effective date is after July 1, 2014
140.24
140.25(2) one-sixtieth of the annual rate provided under paragraph (a) or (b), whichever
140.26applies, for each month the person's benefit effective date is before July 1, 2019.
140.27(d) A person
140.28police and fire retirement plan on or after July 1, 2014,
140.29
140.30who is at least 50 years old and is at least partially vested under section
140.3147
140.32retirement annuity equal to the normal annuity calculated under subdivision 3, reduced by
140.33five percent annually, prorated for each month that the member is under age 55.
140.34EFFECTIVE DATE.This section is effective the day following final enactment.
140.35 Sec. 15. Minnesota Statutes 2012, section 353D.05, subdivision 1, is amended to read:
141.1 Subdivision 1. Investment. As further specified under this section, employing unit
141.2contributions, after the deduction of an amount for administrative expenses, and individual
141.3participant contributions must be
141.4accounts in investment products authorized by the association that are made available
141.5for this purpose by the State Board of Investment
141.6
141.7EFFECTIVE DATE.This section is effective July 1, 2014.
141.8 Sec. 16. Minnesota Statutes 2012, section 353D.05, is amended by adding a
141.9subdivision to read:
141.10 Subd. 1a. Participant selection of investments. (a) A plan participant may elect
141.11to allocate contributions, made by and on behalf of the participant, in one or more of the
141.12investment products authorized by the association to be made available under the plan,
141.13by specifying the percentage of the participant's contributions to be used to purchase
141.14shares in the authorized products.
141.15(b) If contributions are received before the participant has made an allocation
141.16election, or if the participant fails to specify an allocation, the executive director shall,
141.17on behalf of that participant, purchase shares in a default investment alternative. The
141.18investment option must be specified by the Public Employees Retirement Association board
141.19of trustees from the designated available investment options authorized under this section.
141.20(c) A participant may revise the investment allocation for subsequent purchase of
141.21shares, and a participant or former participant may also change the investment options
141.22selected for all or a portion of shares previously purchased.
141.23(d) Any investment allocation selection authorized under this subdivision, whether
141.24relating to subsequent purchases of new shares or reallocating the existing portfolio, must
141.25be conducted at times and under procedures prescribed by the executive director.
141.26EFFECTIVE DATE.This section is effective July 1, 2014.
141.27 Sec. 17. Minnesota Statutes 2012, section 354.44, subdivision 5, is amended to read:
141.28 Subd. 5. Resumption of teaching service after retirement. (a) Any person who
141.29retired under the provisions of this chapter and has thereafter resumed teaching in any
141.30employer unit to which this chapter applies is eligible to continue to receive payments
141.31in accordance with the annuity except that all or a portion of the annuity payments must
141.32be deferred during the calendar year immediately following the fiscal year in which the
141.33person's salary from the teaching service is in an amount greater than $46,000. The
142.1amount of the annuity deferral is one-half of the salary amount in excess of $46,000 and
142.2must be deducted from the annuity payable for the calendar year immediately following
142.3the fiscal year in which the excess amount was earned.
142.4 (b) If the person is retired for only a fractional part of the fiscal year during the initial
142.5year of retirement, the maximum reemployment salary exempt from triggering a deferral
142.6as specified in this subdivision must be prorated for that fiscal year.
142.7 (c) After a person has reached the Social Security normal retirement age, no deferral
142.8requirement is applicable regardless of the amount of salary.
142.9 (d) The amount of the retirement annuity deferral must be handled or disposed
142.10of as provided in section
142.11 (e) For the purpose of this subdivision, salary from teaching service includes all
142.12salary or income earned as a teacher as defined in section 354.05, subdivision 2, paragraph
142.13(a), clause (1). Salary from teaching service also includes, but is not limited to:
142.14 (1) all income for services performed as a consultant
142.15
142.16third-party supplier, to an employer unit covered by the provisions of this chapter; and
142.17 (2) the greater of either the income received or an amount based on the rate paid with
142.18respect to an administrative position, consultant,
142.19supplier, or as an employee of a consultant, independent contractor, or third-party supplier,
142.20 in an employer unit with approximately the same number of pupils and at the same level
142.21as the position occupied by the person who resumes teaching service.
142.22(f) Notwithstanding other paragraphs of this subdivision, if the reemployed annuitant
142.23has a former spouse receiving a portion of the annuity under section 518.58, subdivision 1,
142.24the portion payable to the former spouse must not be deferred.
142.25EFFECTIVE DATE.This section is effective July 1, 2014.
142.26 Sec. 18. Minnesota Statutes 2012, section 354.48, subdivision 6a, is amended to read:
142.27 Subd. 6a. Medical adviser; duties.
142.28
142.29
142.30accredited independent organization specializing in disability determinations, licensed
142.31physicians, or physicians on the staff of the commissioner of health as designated by the
142.32commissioner, to be the medical advisor to the executive director. The medical adviser
142.33shall designate licensed physicians, licensed chiropractors, or licensed psychologists with
142.34respect to a mental impairment, who shall examine applicants for disability benefits. The
142.35medical adviser shall pass upon all expert reports based on any examinations performed
143.1in order to determine whether a teacher is totally and permanently disabled as defined in
143.2section
143.3medical statements and certificates by or on behalf of a teacher in connection with a
143.4disability benefit, and shall report in writing to the director setting forth any conclusions
143.5and recommendations on all matters referred to the medical adviser.
143.6EFFECTIVE DATE.This section is effective July 1, 2014.
143.7 Sec. 19. Minnesota Statutes 2013 Supplement, section 356.415, subdivision 1c,
143.8is amended to read:
143.9 Subd. 1c. Annual postretirement adjustments; PERA-police and fire. (a)
143.10Retirement annuity, disability benefit, or survivor benefit recipients of the public
143.11employees police and fire retirement plan are entitled to a postretirement adjustment
143.12annually on January 1, until funding stability is restored, as follows:
143.13(1) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.14on or before June 1, 2014, who has been receiving the annuity or benefit for at least 12
143.15full months as of the immediate preceding June 30, an amount equal to one percent in
143.16each year; or
143.17(2) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.18on or before June 1, 2014, who has been receiving the annuity or benefit for at least one
143.19full month, but not less than 11 months, as of the immediate preceding June 30, an amount
143.20equal to 1/12 of one percent for each month of annuity or benefit receipt; and
143.21(3) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.22after June 1, 2014, unless section 27 applies, who will have been receiving an annuity
143.23or benefit for at least 36 full months as of the immediate preceding June 30, an amount
143.24equal to one percent; or
143.25(4) for each annuitant or benefit recipient whose annuity or benefit effective date is
143.26after June 1, 2014, unless section 27 applies, who has been receiving the annuity or benefit
143.27for at least 25 full months, but less than 36 months as of the immediate preceding June 30,
143.28an amount equal to 1/12 of one percent for each full month of annuity or benefit receipt
143.29during the fiscal year in which the annuity or benefit was effective.
143.30(b) Retirement annuity, disability benefit, or survivor benefit recipients of the public
143.31employees police and fire retirement plan are entitled to a postretirement adjustment
143.32annually on each January 1 following the restoration of funding stability as defined under
143.33paragraph (c) and during the continuation of funding stability as defined under paragraph
143.34(c), as follows:
144.1(1) for each annuitant or benefit recipient who has been receiving the annuity or
144.2benefit for at least 36 full months as of the immediate preceding June 30, an amount
144.3equal to the percentage increase in the Consumer Price Index for urban wage earners and
144.4clerical workers all items index published by the Bureau of Labor Statistics of the United
144.5States Department of Labor between the immediate preceding June 30 and the June 30
144.6occurring 12 months previous, but not to exceed 2.5 percent; and
144.7(2) for each annuitant or benefit recipient who has been receiving the annuity
144.8or benefit for at least 25 full months, but less than 36 full months, as of the immediate
144.9preceding June 30, an amount equal to 1/12 of the percentage increase in the Consumer
144.10Price Index for urban wage earners and clerical workers all items index published by
144.11the Bureau of Labor Statistics of the United States Department of Labor between the
144.12immediate preceding June 30 and the June 30 occurring 12 months previous for each full
144.13month of annuity or benefit receipt during the fiscal year in which the annuity or benefit
144.14was effective, but not to exceed 1/12 of 2.5 percent for each full month of annuity or
144.15benefit receipt during the fiscal year in which the annuity or benefit was effective.
144.16(c) Funding stability is restored when the market value of assets of the public
144.17employees police and fire retirement plan equals or exceeds 90 percent of the actuarial
144.18accrued liabilities of the applicable plan in the two most recent consecutive actuarial
144.19valuations prepared under section
144.20the Legislative Commission on Pensions and Retirement by the approved actuary retained
144.21by the Public Employees Retirement Association under section
144.22(d) After having met the definition of funding stability under paragraph (c), a full
144.23or prorated increase, as provided in paragraph (a), clause (1), (2), (3), or (4), whichever
144.24applies, rather than adjustments under paragraph (b), is again applied in a subsequent year
144.25or years if the market value of assets of the public employees police and fire retirement
144.26plan equals or is less than:
144.27(1) 85 percent of the actuarial accrued liabilities of the applicable plan for two
144.28consecutive actuarial valuations; or
144.29(2) 80 percent of the actuarial accrued liabilities of the applicable plan for the most
144.30recent actuarial valuation.
144.31(e) An increase in annuity or benefit payments under this section must be made
144.32automatically unless written notice is filed by the annuitant or benefit recipient with the
144.33executive director of the Public Employees Retirement Association requesting that the
144.34increase not be made.
144.35EFFECTIVE DATE.This section is effective the day following final enactment
144.36and the amendments to this section expire on February 2, 2015.
145.1 Sec. 20. Minnesota Statutes 2012, section 356.635, subdivision 6, is amended to read:
145.2 Subd. 6. Eligible retirement plan. (a) An "eligible retirement plan" is:
145.3(1) an individual retirement account under section 408(a) or 408A of the federal
145.4Internal Revenue Code;
145.5(2) an individual retirement annuity plan under section 408(b) of the federal Internal
145.6Revenue Code;
145.7(3) an annuity plan under section 403(a) of the federal Internal Revenue Code;
145.8(4) a qualified trust plan under section 401(a) of the federal Internal Revenue Code
145.9that accepts the distributee's eligible rollover distribution;
145.10(5) an annuity contract under section 403(b) of the federal Internal Revenue Code;
145.11(6) an eligible deferred compensation plan under section 457(b) of the federal
145.12Internal Revenue Code, which is maintained by a state or local government and which
145.13agrees to separately account for the amounts transferred into the plan; or
145.14(7) in the case of an eligible rollover distribution to a nonspousal beneficiary, an
145.15individual account or annuity treated as an inherited individual retirement account under
145.16section 402(c)(11) of the federal Internal Revenue Code.
145.17(b) For distributions of after-tax contributions which are not includable in gross
145.18income, the after-tax portion may be transferred only to an individual retirement account
145.19or annuity described in section 408(a) or (b) of the federal Internal Revenue Code, to a
145.20Roth individual retirement account described in section 408A of the federal Internal
145.21Revenue Code, or to a qualified plan described in either section 401(a) of the federal
145.22Internal Revenue Code or
145.23the federal Internal Revenue Code, that agrees to separately account for the amounts
145.24transferred, including separately accounting for the portion of the distribution which is
145.25includable in gross income and the portion of the distribution which is not includable.
145.26EFFECTIVE DATE.This section is effective the day following final enactment.
145.27 Sec. 21. [356.645] INVESTMENT OF VARIOUS DEFINED CONTRIBUTION
145.28PLAN ASSETS.
145.29The State Board of Investment shall determine the investments to be made available
145.30to plan participants in plans defined in sections 352.965 and 352.98 and chapters 352D
145.31and 353D. Investments made available to plan participants must include at least one
145.32or more of the following:
145.33(1) shares in the Minnesota supplemental investment fund established in section
145.3411A.17;
145.35(2) saving accounts in federally insured financial institutions;
146.1(3) life insurance contracts, fixed annuity contracts, and variable annuity contracts
146.2from companies that are subject to regulation by the commissioner of commerce;
146.3(4) investment options from open-end investment companies registered under the
146.4federal Investment Company Act of 1940, United States Code, title 15, sections 80a-1
146.5to 80a-64;
146.6(5) investment options from a firm that is a registered investment adviser under
146.7the Investment Advisers Act of 1940, United States Code, title 15, sections 80b-1 to
146.880b-21; and
146.9(6) investment options of a bank as defined in United States Code, title 15, section
146.1080b-2, subsection (a), paragraph (2), or a bank holding company as defined in the Bank
146.11Holding Company Act of 1956, United States Code, title 12, section 1841, subsection
146.12(a), paragraph (1).
146.13EFFECTIVE DATE.This section is effective July 1, 2014.
146.14 Sec. 22. [356.646] PLAN PARTICIPANT INVESTMENT RESPONSIBILITY.
146.15 Subdivision 1. Member investment responsibility. The state, State Board of
146.16Investment and its executive director and staff, plan administrators and their staff, and
146.17participating public employers are not liable and are not responsible for any investment
146.18losses due to choices made by participants or due to qualified default investment
146.19alternatives.
146.20 Subd. 2. Application. This section applies to the:
146.21 (1) Minnesota state deferred compensation plan, established under section 352.965;
146.22 (2) health care savings plan, established under section 352.98;
146.23 (3) unclassified employees retirement program, established under chapter 352D;
146.24 (4) public employees defined contribution plan, established under chapter 353D;
146.25 (5) individual retirement account plan, established under chapter 354B;
146.26 (6) higher education supplemental retirement plan, established under chapter 354C;
146.27and
146.28 (7) Arts Board and Humanities Commission individual retirement account plan,
146.29established under chapter 354D.
146.30EFFECTIVE DATE.This section is effective July 1, 2014.
146.31 Sec. 23. Minnesota Statutes 2013 Supplement, section 356.91, is amended to read:
146.32356.91 VOLUNTARY MEMBERSHIP DUES DEDUCTION.
147.1 (a) Upon written authorization of a person receiving an annuity from a public pension
147.2fund administered by the Minnesota State Retirement System
147.3Retirement Association, or the Teachers Retirement Association, the executive director of
147.4the public pension fund shall deduct from the retirement annuity an amount requested by
147.5the annuitant to be paid as membership dues or other payments to any labor organization
147.6that is an exclusive bargaining agent representing public employees or an organization
147.7representing retired public employees of which the annuitant is a member and shall, on a
147.8monthly basis, pay the amount to the organization so designated by the annuitant.
147.9 (b) A pension fund and the plan fiduciaries which authorize or administer deductions
147.10of dues payments under paragraph (a) are not liable for failure to properly deduct or transmit
147.11the dues amounts, provided that the fund and the fiduciaries have acted in good faith.
147.12 (c) Any labor organization that is an exclusive bargaining agent representing public
147.13employees or an organization representing retired public employees may conduct blind
147.14mailings to the annuitants of a retirement system specified in paragraph (a) by requesting
147.15that the retirement system mail voluntary membership information and dues deduction
147.16cards to annuitants. Such mailings shall not be for the purpose of supporting or opposing
147.17any candidate, political party, or ballot measure. The organization requesting the blind
147.18mailing shall pay all costs associated with these mailings, including but not limited to
147.19copying, labeling, mailing, postage, and record keeping. In lieu of administering a blind
147.20mailing in-house, a retirement system may transmit annuitant data necessary for conducting
147.21a blind mailing to a mail center pursuant to a secure data share agreement with the mail
147.22center which provides that neither the organization nor any other entity shall have direct
147.23access to the data transmitted by the retirement system. The retirement system shall have
147.24no obligation to approve or disapprove, or otherwise be responsible for, the content of the
147.25mailings. No organization shall conduct more than two blind mailings per calendar year.
147.26EFFECTIVE DATE.This section is effective July 2, 2015.
147.27 Sec. 24. Minnesota Statutes 2013 Supplement, section 363A.36, subdivision 1, is
147.28amended to read:
147.29 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
147.30excess of $100,000, no department or agency of the state shall accept any bid or proposal
147.31for a contract or agreement from any business having more than 40 full-time employees
147.32within this state on a single working day during the previous 12 months, unless the
147.33commissioner is in receipt of the business' affirmative action plan for the employment of
147.34minority persons, women, and qualified disabled individuals. No department or agency of
147.35the state shall execute any such contract or agreement until the affirmative action plan
148.1has been approved by the commissioner. Receipt of a certificate of compliance issued by
148.2the commissioner shall signify that a firm or business has an affirmative action plan that
148.3has been approved by the commissioner. A certificate shall be valid for a period of four
148.4years. A municipality as defined in section
148.5money for any reason is encouraged to prepare and implement an affirmative action plan
148.6for the employment of minority persons, women, and the qualified disabled and submit the
148.7plan to the commissioner.
148.8 (b) This paragraph applies to a contract for goods or services in excess of $100,000
148.9to be entered into between a department or agency of the state and a business that is
148.10not subject to paragraph (a), but that has more than 40 full-time employees on a single
148.11working day during the previous 12 months in the state where the business has its primary
148.12place of business. A department or agency of the state may not execute a contract or
148.13agreement with a business covered by this paragraph unless the business has a certificate
148.14of compliance issued by the commissioner under paragraph (a) or the business certifies
148.15that it is in compliance with federal affirmative action requirements.
148.16 (c) This section does not apply to contracts entered into by the State Board of
148.17Investment for investment options under section
148.18(d) The commissioner shall issue a certificate of compliance or notice of denial
148.19within 15 days of the application submitted by the business or firm.
148.20EFFECTIVE DATE.This section is effective July 1, 2014.
148.21 Sec. 25. Laws 2009, chapter 169, article 5, section 2, the effective date, as amended by
148.22Laws 2010, chapter 359, article 5, section 27, is amended to read:
148.23EFFECTIVE DATE.This section is effective the day following final enactment
148.24
148.25
148.26EFFECTIVE DATE.This section is effective the day following final enactment.
148.27 Sec. 26. COUNTY SHERIFF TEMPORARY EARLY RETIREMENT
148.28PROVISION.
148.29 Subdivision 1. Application. (a) This section applies to a county sheriff who:
148.30(1) terminates membership in the public employees police and fire retirement plan
148.31after June 30, 2014, and by the final day in office in January 2015 as reported by the county;
148.32(2) is at least age 50 but less than age 55 on the date of termination;
149.1(3) is at least partially vested under Minnesota Statutes, section 353.01, subdivision
149.247, and meets all applicable requirements for receipt of an early retirement annuity from
149.3the plan; and
149.4(4) has as the benefit effective date the day following termination of public
149.5employees police and fire retirement plan membership.
149.6(b) Notwithstanding any provision of Minnesota Statutes, section 353.651,
149.7subdivision 4, to the contrary, the early retirement annuity applicable to an eligible person
149.8under paragraph (a) is the applicable benefit specified in subdivision 2.
149.9 Subd. 2. Early retirement annuity. (a) If an eligible person became a public
149.10employees police and fire retirement plan member after June 30, 2007, or was a former
149.11member who was reinstated as a member after that date, the person is entitled, upon
149.12application, to the normal annuity calculated under Minnesota Statutes, section 353.651,
149.13subdivision 3, reduced by two-tenths of one percent for each month that the member
149.14is under age 55 at the time of retirement.
149.15(b) If an eligible person became a public employees police and fire retirement plan
149.16member before July 1, 2007, and is covered under paragraph (a), the person is entitled,
149.17upon application, to the normal annuity calculated under Minnesota Statutes, section
149.18353.651, subdivision 3, reduced by one-tenth of one percent for each month that the
149.19member is under age 55 at the time of retirement.
149.20(c) If an eligible person is not fully vested, the annuity computed under this section
149.21must be reduced accordingly.
149.22 Subd. 3. Expiration. This section expires January 1, 2016.
149.23EFFECTIVE DATE.This section is effective the day following final enactment.
149.24 Sec. 27. COUNTY SHERIFF TEMPORARY PROVISION; APPLICATION OF
149.25POSTRETIREMENT ADJUSTMENT WAITING PERIOD.
149.26 Subdivision 1. Application. Notwithstanding any provision of Minnesota Statutes,
149.27section 356.415, subdivision 1c, paragraph (a), to the contrary, this section applies to a
149.28county sheriff who:
149.29(1) terminates membership in the public employees police and fire retirement plan
149.30after June 30, 2014, and by the final day in office in January 2015 as reported by the county;
149.31(2) is at least age 50 on the date of membership termination;
149.32(3) is at least partially vested under Minnesota Statutes, section 353.01, subdivision
149.3347, and meets all applicable requirements for receipt of a retirement annuity from the
149.34public employees police and fire retirement plan; and
150.1(4) has as the effective date for the commencement of the retirement annuity the day
150.2following the date on which termination of public employees police and fire retirement
150.3plan membership occurs.
150.4 Subd. 2. Waiting period for initial postretirement adjustment eligibility. A
150.5person to whom subdivision 1 applies is eligible to receive the initial postretirement
150.6adjustment under Minnesota Statutes, section 356.415, subdivision 1c, paragraph (a),
150.7clause (1) or (2), whichever applies, rather than under Minnesota Statutes, section
150.8356.415, subdivision 1c, paragraph (a), clause (3) or (4).
150.9 Subd. 3. Expiration. This section expires February 2, 2015.
150.10EFFECTIVE DATE.This section is effective the day following final enactment.
150.11 Sec. 28. REPEALER.
150.12Minnesota Statutes 2012, sections 11A.17, subdivision 4; 352.965, subdivision 5;
150.13352D.04, subdivision 1; and 353D.05, subdivision 2, are repealed.
150.14EFFECTIVE DATE.This section is effective July 1, 2014.
150.17 Section 1. PERA-POLICE AND FIRE; DISABILITY BENEFIT APPLICATION
150.18DEADLINE EXTENSION FOR CERTAIN WADENA COUNTY SHERIFF'S
150.19DEPUTIES.
150.20(a) Notwithstanding any provision of Minnesota Statutes, section 353.031 or
150.21353.656, to the contrary, an eligible person described in paragraph (b) is authorized to
150.22file an application for a disability benefit from the public employees police and fire
150.23retirement plan retroactively from the date of a shooting event in which the person was
150.24involved on March 11, 2006.
150.25(b) An eligible person is a person who:
150.26(1) was born on August 11, 1971;
150.27(2) was initially employed as a deputy sheriff by Wadena County on March 9, 2006;
150.28(3) was, by virtue of law enforcement employment, a member of the public
150.29employees police and fire retirement plan;
150.30(4) was involved in the nonfatal shooting incident of a gun-wielding suspect near
150.31Sebelia, Minnesota, on March 11, 2006, without being physically injured;
150.32(5) resigned from the Wadena County sheriff's department in October 2010 after
150.33being treated for mental health issues for the prior six months; and
151.1(6) failed to apply for a mental health-related disability benefit by the November 11,
151.22007, deadline for applying for a disability benefit from the public employees police and
151.3fire retirement plan based on the March 11, 2006, shooting incident.
151.4(c) If the eligible person files a disability benefit application under paragraph (a)
151.5on or before the expiration date specified in paragraph (d), and if the eligible person is
151.6determined by the Public Employees Retirement Association as being disabled while in
151.7the line of duty as a result of the March 11, 2006, shooting incident, the eligible person
151.8is entitled to receive a duty disability benefit from the public employees police and fire
151.9retirement plan under Minnesota Statutes, section 353.656, subdivision 1 or 1a, including
151.10retroactive benefit payments from April 1, 2006.
151.11(d) The authority for the eligible person to file a disability benefit application under
151.12paragraph (a) expires on July 1, 2015.
151.13EFFECTIVE DATE.This section is effective the day following final enactment.
151.14 Sec. 2. PERMITTING THE PURCHASE OF SALARY CREDIT BY CERTAIN
151.15CURRENT AND FORMER CITY OF DULUTH OR DULUTH AIRPORT
151.16AUTHORITY EMPLOYEES COVERED BY THE GENERAL EMPLOYEES
151.17RETIREMENT PLAN OR THE PUBLIC EMPLOYEES POLICE AND FIRE
151.18RETIREMENT PLAN.
151.19 Subdivision 1. Authorization. Due to a Court of Appeals determination that certain
151.20salary-supplement payments, provided to certain city of Duluth and Duluth Airport
151.21Authority employees and deposited in the employee's deferred compensation account,
151.22should have been considered salary for pension purposes, an eligible person is authorized
151.23to receive the treatment specified in this section if the eligible person chooses to make the
151.24employee contribution equivalent payment specified in this section.
151.25 Subd. 2. Eligible person. (a) An eligible person:
151.26(1) is a current or former employee of the city of Duluth or the Duluth Airport
151.27Authority, employed by that governmental subdivision between August 1, 2007, and
151.28December 31, 2011;
151.29(2) was a participating member of the general employees retirement plan of the
151.30Public Employees Retirement Association or the public employees police and fire
151.31retirement plan for that employment; and
151.32(3) had employer-paid amounts made to the person's deferred compensation account
151.33for which contributions were not made to the applicable Public Employees Retirement
151.34Association plan fund between August 1, 2007, and December 31, 2011, or the date of
151.35the employee's termination of public service under Minnesota Statutes, section 353.01,
152.1subdivision 11a, whichever is earlier, due to an erroneous application of law under which
152.2the Public Employees Retirement Association executive director and board concluded
152.3that these employer-paid amounts were not salary for pension purposes under Minnesota
152.4Statutes, section 353.01, subdivision 10.
152.5(b) A surviving spouse, as defined in this paragraph, is an eligible person for
152.6purposes of this section. A surviving spouse means:
152.7(1) the surviving spouse of an eligible person as defined in paragraph (a) who, at
152.8the time of the eligible person's death, was a deferred annuitant of a Public Employees
152.9Retirement Association plan specified in this section;
152.10(2) the surviving spouse of an eligible person as defined in paragraph (a) receiving
152.11benefits under a joint and survivor annuity from a Public Employees Retirement
152.12Association plan specified in this section; or
152.13(3) the surviving spouse of an eligible person as defined in paragraph (a) receiving a
152.14survivor benefit under Minnesota Statutes, section 353.657.
152.15 Subd. 3. Employee contributions. An eligible person may make payment of an
152.16employee contribution equivalent amount to the fund of the general employees retirement
152.17plan of the Public Employees Retirement Association or the public employees police
152.18and fire retirement plan, whichever provided the coverage. The employee contribution
152.19equivalent amount is the amount of employee contributions that would have been made
152.20by the employee based on the employer-paid amounts made to the person's deferred
152.21compensation account for the period specified in subdivision 2, and the employee
152.22contribution rates to the applicable Public Employees Retirement Association plan during
152.23that period. If an employee contribution equivalent amount is paid, it must be made in
152.24full and in a lump sum.
152.25 Subd. 4. Employer contributions. (a) If an eligible person makes the employee
152.26equivalent contribution under subdivision 3, the city of Duluth or the Duluth Airport
152.27Authority, whichever is the applicable employing unit, may make the corresponding
152.28employer contributions, plus any employer supplemental and employer additional
152.29contributions required by law during the applicable time period.
152.30(b) Any contributions specified under this subdivision must be based on the
152.31employer-paid amounts referred to in subdivision 2, and the contribution rates applicable
152.32during the time period for regular employer contributions, and any employer supplemental
152.33and employer additional contributions, if applicable.
152.34(c) Within 30 days of receipt by the executive director of the Public Employees
152.35Retirement Association of employee equivalent contributions under subdivision 3,
152.36the executive director shall notify the city of Duluth or the Duluth Airport Authority,
153.1whichever is the applicable employer, of amounts due under this subdivision. If the
153.2employer chooses to make the payment specified in this subdivision, payment shall be
153.3remitted by the applicable employer to the executive director for deposit in the applicable
153.4fund within 30 days of notification. If payment is not made in full within that time period,
153.5the executive director shall collect the necessary amounts by applying Minnesota Statutes,
153.6section 353.28, subdivision 6.
153.7 Subd. 5. Benefit adjustments. Upon receipt of the applicable employee equivalent
153.8contribution under subdivision 3 from an eligible person, the executive director shall
153.9revise the records of the Public Employees Retirement Association and grant the person
153.10the additional salary credit. If a retirement, disability, or survivor annuity has commenced,
153.11the executive director must adjust the benefit being paid to include in the calculation the
153.12additional salary on which contributions were paid, and the adjusted benefit must be paid
153.13retroactive from the effective date of the initial benefit payment under the annuity.
153.14 Subd. 6. Restrictions. This section does not apply if service credit and other rights
153.15under the plan were forfeited by taking a refund.
153.16 Subd. 7. Treatment of interest. Notwithstanding any provision in Minnesota
153.17Statutes, chapter 353, to the contrary, all payments specified in this section made by an
153.18eligible person to the executive director for deposit in the applicable Public Employees
153.19Retirement Association fund are to be made without interest. Any payments required from
153.20the employer under this section are also without interest, provided the employer makes
153.21the payment to the executive director within 30 days of notification. Interest shall be
153.22charged, as specified in Minnesota Statutes, section 353.28, on any employer obligations
153.23not paid within the 30-day period.
153.24 Subd. 8. Notification; counseling. The executive director shall notify all active
153.25members, deferred members, retirees, and survivors to whom this section may apply and
153.26shall provide counseling regarding the implications of this section, including payment
153.27requirements and likely adjustments in current or future benefit amounts if employee
153.28equivalent contributions as specified in this section are made.
153.29 Subd. 9. Expiration of salary credit purchase authority. Payment of employee
153.30contribution equivalent amounts, as authorized under this section, is prohibited after
153.31October 31, 2014.
153.32 Subd. 10. Ratification. Actions taken before the effective date of this section by
153.33the executive director and board of the Public Employees Retirement Association, the
153.34city of Duluth, the Duluth Airport Authority, and eligible persons which are otherwise
153.35consistent with this section are ratified.
153.36EFFECTIVE DATE.This section is effective the day following final enactment.
154.1 Sec. 3. PERA-P&F; MILLE LACS BAND PRIOR SERVICE CREDIT
154.2PURCHASE AUTHORIZED.
154.3(a) An eligible person described in paragraph (b) is entitled to purchase allowable
154.4service credit in the public employees police and fire retirement plan for the period
154.5specified in paragraph (c) by remitting the payment calculated under paragraph (d).
154.6(b) An eligible person is a person who:
154.7(1) was born on June 28, 1966;
154.8(2) was initially employed as a full-time police officer by the Mille Lacs tribal
154.9police department on October 29, 1998;
154.10(3) was initially employed as a part-time police officer by the city of Onamia on
154.11July 28, 2002;
154.12(4) was initially employed as a part-time police officer by the city of Pierz on March
154.1314, 2013; and
154.14(5) is an active member of the public employees police and fire retirement plan.
154.15(c) The period of Mille Lacs tribal police department employment available for
154.16purchase is the two-year period of Mille Lacs tribal police department employment
154.17immediately preceding initial active membership in the public employees police and fire
154.18retirement plan in that capacity.
154.19(d) The full actuarial value prior service credit purchase payment amount must be
154.20calculated under Minnesota Statutes, section 356.551.
154.21(e) The eligible person must provide the executive director of the Public Employees
154.22Retirement Association with any relevant requested information pertaining to the service
154.23credit purchase.
154.24(f) Authority to make a service credit purchase under this section expires on June 30,
154.252015, or upon the eligible person's termination from public employment as defined under
154.26Minnesota Statutes, section 353.01, subdivision 11a, whichever occurs earlier.
154.27EFFECTIVE DATE.This section is effective the day following final enactment.
154.28 Sec. 4. TEACHERS RETIREMENT ASSOCIATION; PROSPECTIVE
154.29TEACHERS RETIREMENT ASSOCIATION COVERAGE; PURCHASE OF
154.30PAST SERVICE CREDIT.
154.31 (a) An eligible person described in paragraph (b) is authorized to become a
154.32coordinated member of the Teachers Retirement Association and to purchase service
154.33and salary credit in the Teachers Retirement Association coordinated plan retroactively
154.34from January 1, 1995, upon making an election under paragraph (c) and upon making all
154.35required payments under paragraphs (d) and (e).
155.1 (b) An eligible person is a person who:
155.2 (1) was born on October 29, 1957;
155.3 (2) has been employed at Mesabi Range Community and Technical College as
155.4an instructor since 1993;
155.5 (3) in 1994 was classified in the unlimited part-time category;
155.6 (4) became eligible for and was covered by the higher education individual
155.7retirement account plan in January 1994; and
155.8 (5) was not offered an election of Teachers Retirement Association coverage, as
155.9required under Laws 1994, chapter 508, article 1, section 10.
155.10 (c) To be eligible for coverage by the Teachers Retirement Association, an eligible
155.11person must submit a written application to the executive director of the Teachers
155.12Retirement Association on a form provided by the Teachers Retirement Association. The
155.13application must include all documentation of the applicability of this section and any
155.14other relevant information that the executive director may require. Teachers Retirement
155.15Association plan membership commences as of September 1, 2014, for an applicable
155.16eligible person, and past salary and service credit is granted from January 1, 1995,
155.17as specified in this section, following receipt by the executive director of the written
155.18application specified in this paragraph and receipt of the payments specified in paragraphs
155.19(d) and (e). The authority granted by this section is voided if the applicable eligible
155.20individual terminates from Minnesota State Colleges and Universities system employment
155.21prior to receipt by the executive director of the Teachers Retirement Association of the
155.22application specified in this paragraph and amounts specified in paragraphs (d) and (e).
155.23Coverage by the Teachers Retirement Association is in lieu of coverage by the individual
155.24retirement account plan.
155.25 (d) If an eligible person makes an election under paragraph (c), the eligible person
155.26shall make, before September 1, 2014, a contribution equal to the excess, if any, of the
155.27employee contributions that the individual would have made if the Teachers Retirement
155.28Association had provided coverage from January 1, 1995, rather than the individual
155.29retirement account plan. These additional contribution amounts shall include 8.5 percent
155.30annual compound interest computed from the date the contribution would have been made
155.31if deducted from salary until paid. The total amount to be paid under this paragraph shall
155.32be determined by the executive director of the Teachers Retirement Association and
155.33written notification of the amount required under this paragraph should be transmitted
155.34to the eligible individual.
155.35 (e) If payment is made under paragraph (d), the value of the applicable eligible
155.36person's higher education individual retirement account plan account shall be determined
156.1as of September 1, 2014, and that account value shall be transferred to the Teachers
156.2Retirement Association on or before September 15, 2014.
156.3 (f) The Teachers Retirement Association shall determine the full actuarial value
156.4imposed upon the Teachers Retirement Association under this section due to the salary
156.5and service credit purchase.
156.6 (g) From the total amount computed under paragraph (f), the executive director of the
156.7Teachers Retirement Association shall subtract the amounts received under paragraphs (d)
156.8and (e). The Minnesota State Colleges and Universities system is authorized to transmit the
156.9remaining amount, if any, to the executive director of the Teachers Retirement Association.
156.10 (h) Any payment amount specified from the Minnesota State Colleges and
156.11Universities system under paragraph (g) shall be transmitted to the Teachers Retirement
156.12Association within one month following receipt of amounts transmitted under paragraphs
156.13(d) and (e), and following notification from the executive director of the Teachers
156.14Retirement Association. If a payment from the Minnesota State Colleges and Universities
156.15system specified under paragraph (g) is not made, the executive director of the Teachers
156.16Retirement Association must notify the commissioner of Minnesota Management and
156.17Budget of this fact and that commissioner must order that amounts specified under
156.18paragraph (g) shall be deducted from appropriations or state aid to the Minnesota
156.19State Colleges and Universities system and be transmitted to the Teachers Retirement
156.20Association.
156.21EFFECTIVE DATE.This section is effective the day following final enactment.