Bill Text: MN HF2265 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota State Retirement System health care savings plan distributions specified to go to living persons, and other changes of an administrative nature made.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-15 - Introduction and first reading, referred to Government Operations and Elections [HF2265 Detail]
Download: Minnesota-2011-HF2265-Introduced.html
1.2relating to retirement health care; Minnesota State Retirement System health care
1.3savings plan; specifying that plan distributions must go to living persons; making
1.4other changes of an administrative nature; amending Minnesota Statutes 2010,
1.5section 352.98, subdivisions 3, 4, 5, 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 352.98, subdivision 3, is amended to read:
1.8 Subd. 3. Contributions. (a) Contributions to the plan must be defined in a
1.9personnel policy or in a collective bargaining agreement of a public employer or political
1.10subdivision. The executive director may offer different types of trusts permitted under the
1.11Internal Revenue Code to best meet the needs of different employer units.
1.12 (b) Contributions to the plan by or on behalf of the participant must be held in trust
1.13for reimbursement of eligible health-related expenses for participants and their dependents
1.14following termination from public employment orduring active employment in other
1.15circumstances set forth in the plan document. The executive director shall maintain
1.16a separate account of the contributions made by or on behalf of each participant and
1.17the earnings thereon. The executive director shall make available a limited range of
1.18investment options, and each participant may direct the investment of the accumulations
1.19in the participant's account among the investment options made available by the executive
1.20director.
1.21 (c) This section does not obligate a public employer to meet and negotiate in good
1.22faith with the exclusive bargaining representative of any public employee group regarding
1.23an employer contribution to a postretirement or active employee health care savings plan
1.24authorized by this section and section356.24, subdivision 1 , clause (7). It is not the intent
2.1of the legislature to authorize the state to incur new funding obligations for the costs of
2.2retiree health care or the costs of administering retiree health care plans or accounts.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 2. Minnesota Statutes 2010, section 352.98, subdivision 4, is amended to read:
2.5 Subd. 4. Reimbursement for health-related expenses. The executive director
2.6shall reimburse participants at least quarterly for eligible health-related expenses, as
2.7allowable by federal and state law, until the participant exhausts the accumulation in the
2.8participant's account. If a participant dies prior to exhausting the participant's account
2.9balance, the participant's spouse or dependents are eligible to be reimbursed for health care
2.10expenses from the account until the account balance is exhausted. If an account balance
2.11remains after the death of a participant and all of the participant's legal dependents, the
2.12remainder of the account must be paid to the participant's beneficiaries or, if none, to
2.13the participant's estate a living person or persons named by the personal representative
2.14of the estate. The person or persons named must use the account for reimbursement of
2.15allowable health care expenses.
2.16EFFECTIVE DATE.This section is effective the day following final enactment.
2.17 Sec. 3. Minnesota Statutes 2010, section 352.98, subdivision 5, is amended to read:
2.18 Subd. 5. Fees. The executive director is authorized to charge uniform fees to
2.19participants to cover the ongoing cost of operating the plan. Any fees not needed must
2.20revert to participant accounts or be used to reduce plan fees in thefollowing year future.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 4. Minnesota Statutes 2010, section 352.98, subdivision 8, is amended to read:
2.23 Subd. 8. Exemption from process. Assets in ahealth-care health care savings
2.24plan account described in this section must be used for the reimbursement ofhealthcare
2.25health care expenses and are not assignable or subject to execution, levy, attachment,
2.26garnishment, or other legal process, except as provided in section518.58 ,
518.581 , or
2.27518A.53
.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
1.3savings plan; specifying that plan distributions must go to living persons; making
1.4other changes of an administrative nature; amending Minnesota Statutes 2010,
1.5section 352.98, subdivisions 3, 4, 5, 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 352.98, subdivision 3, is amended to read:
1.8 Subd. 3. Contributions. (a) Contributions to the plan must be defined in a
1.9personnel policy or in a collective bargaining agreement of a public employer or political
1.10subdivision. The executive director may offer different types of trusts permitted under the
1.11Internal Revenue Code to best meet the needs of different employer units.
1.12 (b) Contributions to the plan by or on behalf of the participant must be held in trust
1.13for reimbursement of eligible health-related expenses for participants and their dependents
1.14following termination from public employment or
1.15circumstances set forth in the plan document. The executive director shall maintain
1.16a separate account of the contributions made by or on behalf of each participant and
1.17the earnings thereon. The executive director shall make available a limited range of
1.18investment options, and each participant may direct the investment of the accumulations
1.19in the participant's account among the investment options made available by the executive
1.20director.
1.21 (c) This section does not obligate a public employer to meet and negotiate in good
1.22faith with the exclusive bargaining representative of any public employee group regarding
1.23an employer contribution to a postretirement or active employee health care savings plan
1.24authorized by this section and section
2.1of the legislature to authorize the state to incur new funding obligations for the costs of
2.2retiree health care or the costs of administering retiree health care plans or accounts.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 2. Minnesota Statutes 2010, section 352.98, subdivision 4, is amended to read:
2.5 Subd. 4. Reimbursement for health-related expenses. The executive director
2.6shall reimburse participants at least quarterly for eligible health-related expenses, as
2.7allowable by federal and state law, until the participant exhausts the accumulation in the
2.8participant's account. If a participant dies prior to exhausting the participant's account
2.9balance, the participant's spouse or dependents are eligible to be reimbursed for health care
2.10expenses from the account until the account balance is exhausted. If an account balance
2.11remains after the death of a participant and all of the participant's legal dependents, the
2.12remainder of the account must be paid to the participant's beneficiaries or, if none, to
2.13
2.14of the estate. The person or persons named must use the account for reimbursement of
2.15allowable health care expenses.
2.16EFFECTIVE DATE.This section is effective the day following final enactment.
2.17 Sec. 3. Minnesota Statutes 2010, section 352.98, subdivision 5, is amended to read:
2.18 Subd. 5. Fees. The executive director is authorized to charge uniform fees to
2.19participants to cover the ongoing cost of operating the plan. Any fees not needed must
2.20revert to participant accounts or be used to reduce plan fees in the
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 4. Minnesota Statutes 2010, section 352.98, subdivision 8, is amended to read:
2.23 Subd. 8. Exemption from process. Assets in a
2.24plan account described in this section must be used for the reimbursement of
2.25health care expenses and are not assignable or subject to execution, levy, attachment,
2.26garnishment, or other legal process, except as provided in section
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
