Bill Text: MN HF629 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Omnibus pensions bill.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-05-03 - Author stricken Benson, M. [HF629 Detail]

Download: Minnesota-2013-HF629-Engrossed.html

1.1A bill for an act
1.2relating to retirement; Minnesota State Retirement System, Public Employees
1.3Retirement Association, and former local police and paid firefighter relief
1.4associations; authorizing investments in swaps; clarifying language; removing
1.5obsolete language; revising outdated requirements; revising contribution
1.6rate revision procedures; revising disability standards and disability benefit
1.7administration procedures; merging the elected state officers retirement plan into
1.8the legislators retirement plan; revising pension commission standards provision;
1.9revising pension plan financial report contents provision; clarifying coverage of
1.10student employees and extending duration of excluded work-study positions;
1.11revising military service credit purchase provision for consistency with federal
1.12code; clarifying average salary for benefit purposes; clarifying MERF division
1.13benefit eligibility; adding Lake County Sunrise Home to privatization chapter;
1.14removing legislative approval requirements for privatizations; modifying
1.15legislative notification requirements for privatizations; clarifying privatized
1.16public hospital pension benefit eligibility; making various administrative
1.17changes; eliminating the PERA Social Security leveling optional annuity;
1.18revising and repealing various statutes to reflect the recent mergers of local police
1.19and salaried firefighter relief associations and consolidation accounts with the
1.20public employees police and fire retirement plan; streamlining amortization state
1.21aid programs; extending the deadline for participation in the voluntary statewide
1.22lump-sum volunteer firefighter retirement plan; requiring municipal approval
1.23for deferred service pension interest rate changes by volunteer firefighter relief
1.24association boards of trustees; authorizing a resumption of the payment of a
1.25death benefit to estates of certain White Bear Lake volunteer firefighter relief
1.26association retirees; including Minnesota Association of Professional Employees
1.27in MSRS-General plan coverage; authorizing the termination of nonspousal
1.28survival designations in optional annuity form elections in certain instances;
1.29authorizing certain service credit purchases; providing instructions to the revisor
1.30of statutes;amending Minnesota Statutes 2012, sections 3.85, subdivision 10;
1.313A.011; 3A.03, subdivision 3; 3A.07; 3A.115; 3A.13; 3A.15; 6.495, subdivisions
1.321, 3; 6.67; 11A.24, subdivision 1; 13D.01, subdivision 1; 69.011, subdivisions 1,
1.332, 3, 4; 69.021, subdivisions 1, 2, 3, 4, 5, 7, 7a, 8, 9, 10, 11; 69.031, subdivisions
1.341, 3, 5; 69.041; 69.051, subdivisions 1, 1a, 1b, 2, 3, 4; 69.33; 69.77, subdivisions
1.351, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 69.771, subdivision 1; 69.774, subdivision
1.361; 69.80; 275.70, subdivision 5; 297I.10, subdivision 1; 345.381; 352.01,
1.37subdivisions 2a, 17b; 352.029, subdivisions 1, 2a, 2b, 3, 5; 352.03, subdivisions
1.384, 8; 352.045, by adding subdivisions; 352.113, subdivisions 4, 6, 8, by adding
1.39subdivisions; 352.115, subdivision 3; 352.22, subdivision 3; 352.87, subdivision
2.13; 352.93, subdivision 2; 352.95, subdivision 1; 352.955, subdivisions 1, 3;
2.2352B.011, subdivision 13; 352B.08, subdivision 2; 352B.10, subdivision 1, by
2.3adding a subdivision; 352D.04, subdivision 2; 353.01, subdivisions 2a, 2b, 6, 10,
2.416, 17a, 29; 353.03, subdivision 3; 353.27, subdivision 7; 353.29, subdivision
2.53; 353.34, subdivisions 1, 2; 353.50, subdivisions 3, 6; 353.64, subdivision 1a;
2.6353.651, subdivision 3; 353.656, subdivisions 1, 1a, 3a; 353.657, subdivisions 2,
2.72a, 3; 353.659; 353.665, subdivisions 1, 5, 8; 353.71, subdivision 1; 353E.04,
2.8subdivision 3; 353E.06, subdivision 1; 353F.02, subdivisions 3, 4, 6, by adding a
2.9subdivision; 353F.025, subdivisions 1, 2; 353F.03; 353F.04; 353F.05; 353F.051,
2.10subdivision 1; 353F.052; 353F.06; 353F.07; 353F.08; 353G.05, subdivision
2.112; 354.07, subdivision 1; 354.44, subdivision 6; 354A.021, subdivision 2;
2.12354A.31, subdivisions 4, 4a; 356.20, subdivisions 2, 4; 356.214, subdivision 1;
2.13356.215, subdivisions 1, 8, 18; 356.216; 356.219, subdivisions 1, 2, 8; 356.30,
2.14subdivisions 1, 3; 356.315, subdivision 9; 356.401, subdivision 3; 356.406,
2.15subdivision 1; 356.415, subdivisions 1, 1a, 1b, 2; 356.48, subdivision 1; 356.635,
2.16subdivision 1; 356A.01, subdivision 19; 356A.06, subdivision 4; 356A.07,
2.17subdivision 2; 423A.02, subdivisions 1, 1b, 2, 3, 3a, 4, 5; 424A.001, subdivision
2.184, by adding a subdivision; 424A.01, subdivision 6; 424A.015, subdivisions 1,
2.194; 424A.016, subdivision 6; 424A.02, subdivisions 7, 9; 424A.10, subdivisions
2.201, 2; 475.52, subdivision 6; 490.121, subdivision 22; 490.124, subdivision
2.211; proposing coding for new law in Minnesota Statutes, chapters 3A; 6;
2.22353F; 356; repealing Minnesota Statutes 2012, sections 3A.02, subdivision 3;
2.2369.021, subdivision 6; 69.77, subdivision 3; 352.955, subdivision 2; 352C.001;
2.24352C.091, subdivision 1; 352C.10; 353.29, subdivision 6; 353.64, subdivision 3;
2.25353.665, subdivisions 2, 3, 4, 6, 7, 9, 10; 353.667; 353.668; 353.669; 353.6691;
2.26353A.01; 353A.02; 353A.03; 353A.04; 353A.05; 353A.06; 353A.07; 353A.08;
2.27353A.081; 353A.083; 353A.09; 353A.10; 353B.01; 353B.02; 353B.03; 353B.04;
2.28353B.05; 353B.06; 353B.07; 353B.08; 353B.09; 353B.10; 353B.11; 353B.12;
2.29353B.13; 353B.14; 353F.02, subdivisions 4, 5; 353F.025, subdivision 3; 356.315,
2.30subdivisions 1, 1a, 2, 2a, 2b, 3, 4, 5, 5a, 6, 7, 8; 423A.01; 423A.02, subdivision
2.311a; 423A.04; 423A.05; 423A.07; 423A.10; 423A.11; 423A.12; 423A.13;
2.32423A.14; 423A.15; 423A.16; 423A.17; 423A.171; 423A.18; 423A.19; 423A.20;
2.33423A.21; 423A.22; 424A.10, subdivision 5.
2.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.35ARTICLE 1
2.36STATE BOARD OF INVESTMENT PROVISIONS

2.37    Section 1. Minnesota Statutes 2012, section 11A.24, subdivision 1, is amended to read:
2.38    Subdivision 1. Securities generally. (a) The state board is authorized to purchase,
2.39sell, lend, and exchange the securities specified in this section, for funds or accounts
2.40specifically made subject to this section, including puts and call options and, future
2.41contracts, and swap contracts that are traded on a contract market regulated by a
2.42governmental agency or by a financial institution regulated by a governmental agency.
2.43These securities may be owned directly or through shares in exchange-traded or mutual
2.44funds, or as units in commingled trusts, subject to any limitations as specified in this section.
2.45(b) Any agreement to lend securities must be concurrently collateralized with cash
2.46or securities with a market value of not less than 100 percent of the market value of the
2.47loaned securities at the time of the agreement. Any agreement for put and call options
3.1and futures contracts may only be entered into with a fully offsetting amount of cash or
3.2securities. Only securities authorized by this section, excluding those under subdivision 6,
3.3paragraph (a), clauses (1) to (3), may be accepted as collateral or offsetting securities.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.

3.5ARTICLE 2
3.6MSRS ADMINISTRATIVE PROVISIONS

3.7    Section 1. Minnesota Statutes 2012, section 3.85, subdivision 10, is amended to read:
3.8    Subd. 10. Standards for pension valuations and cost estimates. The commission
3.9shall adopt standards prescribing specific detailed methods to calculate, evaluate, and
3.10display current and proposed law liabilities, costs, and actuarial equivalents of all public
3.11employee pension plans in Minnesota. These standards shall be consistent with chapter
3.12356 and be updated annually. At a minimum, the standards must not shall contain a
3.13valuation requirement requirements that is inconsistent comply with generally accepted
3.14accounting principles applicable to government pension plans. The standards may include
3.15additional financial, funding, or valuation requirements that are not required under
3.16generally accepted accounting principles applicable to government pension plans.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.

3.18    Sec. 2. Minnesota Statutes 2012, section 3A.011, is amended to read:
3.193A.011 ADMINISTRATION OF PLAN PLANS.
3.20    The executive director and the board of directors of the Minnesota State Retirement
3.21System shall administer the legislators retirement plan plans specified in accordance this
3.22chapter consistent with this chapter and chapter chapters 356 and 356A.
3.23EFFECTIVE DATE.This section is effective July 1, 2013.

3.24    Sec. 3. Minnesota Statutes 2012, section 3A.03, subdivision 3, is amended to read:
3.25    Subd. 3. Legislators retirement fund. (a) The legislators retirement fund, a special
3.26retirement fund, is created within the state treasury and must be credited with assets equal
3.27to the participation of the legislators retirement plan in the Minnesota postretirement
3.28investment fund as of June 30, 2009, and any investment proceeds on those assets. The
3.29legislators retirement fund must be credited with any investment proceeds on the assets of
3.30the retirement fund.
4.1(b) The payment of annuities under section 3A.115, paragraph (b), is appropriated
4.2from the legislators retirement fund.
4.3EFFECTIVE DATE.This section is effective July 1, 2013.

4.4    Sec. 4. Minnesota Statutes 2012, section 3A.07, is amended to read:
4.53A.07 APPLICATION.
4.6    (a) Except as provided in paragraph (b) and section 3A.17, this chapter applies
4.7to members of the legislature in service after July 1, 1965, who otherwise meet the
4.8requirements of this chapter.
4.9    (b) Members of the legislature who were elected for the first time after June 30,
4.101997, or members of the legislature who were elected before July 1, 1997, and who, after
4.11July 1, 1998, elect not to be members of the plan established by this chapter are covered
4.12by the unclassified employees retirement program governed by chapter 352D.
4.13    (c) The post-July 1, 1998, coverage election under paragraph (b) is irrevocable
4.14and must be made on a form prescribed by the director. The second chance referendum
4.15election under Laws 2002, chapter 392, article 15, also is irrevocable.
4.16EFFECTIVE DATE.This section is effective July 1, 2013.

4.17    Sec. 5. Minnesota Statutes 2012, section 3A.115, is amended to read:
4.183A.115 RETIREMENT ALLOWANCE APPROPRIATION;
4.19POSTRETIREMENT ADJUSTMENT.
4.20(a) The amount necessary to fund the retirement allowance granted under this
4.21chapter to a former legislator retiring after June 30, 2003, or to that legislator's survivor,
4.22and the retirement allowance granted under section 3A.17 to a former constitutional
4.23officer or the survivor of that constitutional officer is appropriated from the general fund to
4.24the director to pay pension obligations due to the retiree.
4.25(b) The amount necessary to fund the retirement allowance granted under this
4.26chapter to a former legislator retiring before July 1, 2003, must be paid from the legislators
4.27retirement fund created under section 3A.03, subdivision 3, until the assets of the fund
4.28are exhausted and at that time, the amount necessary to fund the retirement allowances
4.29under this paragraph is appropriated from the general fund to the director to pay pension
4.30obligations to the retiree and survivor.
4.31(c) Retirement allowances payable to retired legislators and their survivors under
4.32this chapter must be adjusted as provided in sections 3A.02, subdivision 6, and 356.415.
5.1EFFECTIVE DATE.This section is effective July 1, 2013.

5.2    Sec. 6. Minnesota Statutes 2012, section 3A.13, is amended to read:
5.33A.13 EXEMPTION FROM PROCESS AND TAXATION; HEALTH
5.4PREMIUM DEDUCTION.
5.5(a) The provisions of section 356.401 apply to the legislators retirement plan plans
5.6specified in this chapter.
5.7(b) The executive director of the Minnesota State Retirement System must, at the
5.8request of a retired legislator or constitutional officer who is enrolled in a health insurance
5.9plan covering state employees, deduct the person's health insurance premiums from the
5.10person's annuity and transfer the amount of the premium to a health insurance carrier
5.11covering state employees.
5.12EFFECTIVE DATE.This section is effective July 1, 2013.

5.13    Sec. 7. Minnesota Statutes 2012, section 3A.15, is amended to read:
5.143A.15 COORDINATED PROGRAM PROGRAMS OF THE LEGISLATORS
5.15RETIREMENT PLAN.
5.16The coordinated program of the legislators retirement plan is created. The provisions
5.17of sections 3A.01 to 3A.13 apply to the coordinated program and basic programs of the
5.18legislators retirement plan.
5.19EFFECTIVE DATE.This section is effective July 1, 2013.

5.20    Sec. 8. [3A.17] CONSTITUTIONAL OFFICERS.
5.21    Subdivision 1. Application. (a) This section specifies the retirement plan applicable
5.22to a former constitutional officer who was first elected to a constitutional office after July
5.231, 1967, and before July 1, 1997. The plan includes the applicable portions of chapters
5.24352C and 356 in effect on the date on which the person terminated active service as a
5.25constitutional officer.
5.26(b) Nothing in this section, this act, or Laws 2006, chapter 271, article 10, section
5.2733, subdivision 2, is intended to increase or reduce the benefits of former constitutional
5.28officers or their survivors or to adversely modify their eligibility for benefits in effect
5.29as of June 30, 2012.
5.30    Subd. 2. Benefit adjustments. Retirement allowances payable to retired
5.31constitutional officers and surviving spouse benefits payable must be adjusted under
5.32section 356.415.
6.1EFFECTIVE DATE.This section is effective July 1, 2013.

6.2    Sec. 9. Minnesota Statutes 2012, section 352.01, subdivision 17b, is amended to read:
6.3    Subd. 17b. Duty disability, physical or psychological. "Duty disability, physical
6.4or psychological," for a correctional employee, means an occupational disability that is
6.5the direct result of an injury incurred during, or a disease arising out of, the performance
6.6of normal duties or the performance of less frequent duties either of which are present
6.7inherent dangers specific to the correctional employee.
6.8EFFECTIVE DATE.This section is effective the day following final enactment.

6.9    Sec. 10. Minnesota Statutes 2012, section 352.03, subdivision 8, is amended to read:
6.10    Subd. 8. Medical adviser. The state commissioner of health or other executive
6.11director may contract with an accredited independent organization specializing in
6.12disability determinations, licensed physician physicians, or physicians on the staff of the
6.13commissioner of health as designated by the commissioner may designate shall, to be the
6.14medical adviser of to the director system.
6.15EFFECTIVE DATE.This section is effective the day following final enactment.

6.16    Sec. 11. Minnesota Statutes 2012, section 352.045, is amended by adding a subdivision
6.17to read:
6.18    Subd. 3a. Contribution rate revision; general state employees retirement plan.
6.19(a) Notwithstanding the contribution rates stated in plan law, the employee and employer
6.20contribution rates for the general state employees retirement plan must be adjusted:
6.21(1) if the regular actuarial valuation of the plan under section 356.215 indicates that
6.22there is a contribution sufficiency greater than one percent of covered payroll and that the
6.23sufficiency has existed for at least two consecutive years, the employee and employer
6.24contribution rates must be decreased as determined under paragraph (b) to a level such
6.25that the sufficiency is no greater than one percent of covered payroll based on the most
6.26recent actuarial valuation; or
6.27(2) if the regular actuarial valuation of the plan under section 356.215 indicates that
6.28there is a contribution deficiency equal to or greater than 0.5 percent of covered payroll
6.29and that the deficiency has existed for at least two consecutive years, the employee and
6.30employer contribution rates must be increased as determined under paragraph (c) to a level
6.31such that no deficiency exists based on the most recent actuarial valuation.
7.1(b) If the actuarially required contribution of the plan is less than the total support
7.2provided by the combined employee and employer contribution rates by more than one
7.3percent of covered payroll, the plan employee and employer contribution rates must be
7.4decreased incrementally over one or more years by no more than 0.25 percent of pay
7.5each for employee and employer contribution rates to a level such that there remains a
7.6contribution sufficiency of at least one percent of covered payroll. No contribution rate
7.7decrease may be made until at least two years have elapsed since any adjustment under
7.8this paragraph has been fully implemented.
7.9(c) If the actuarially required contribution exceeds the total support provided by the
7.10employee and employer contribution rates, the employee and employer contribution rates
7.11must be increased equally to eliminate that contribution deficiency. If the contribution
7.12deficiency is:
7.13(1) less than two percent, the incremental increase may be up to 0.25 percent each
7.14for the employee and employer contribution rates;
7.15(2) greater than 1.99 percent and less than 4.01 percent, the incremental increase
7.16may be up to 0.5 percent each for the employee and employer contribution rates; or
7.17(3) greater than four percent, the incremental increase may be up to 0.75 percent
7.18each for the employee and employer contribution.
7.19(d) Any recommended adjustment to the contribution rates must be reported to
7.20the chair and the executive director of the Legislative Commission on Pensions and
7.21Retirement by January 15 following receipt of the most recent annual actuarial valuation
7.22prepared under section 356.215. The report must include draft legislation to revise the
7.23employee and employer contributions stated in plan law. If the Legislative Commission
7.24on Pensions and Retirement does not recommend against the rate change or does not
7.25recommend a modification in the rate change, the recommended adjustment becomes
7.26effective on the first day of the first full payroll period in the fiscal year following receipt
7.27of the most recent actuarial valuation that gave rise to the adjustment.
7.28(e) A contribution sufficiency of up to one percent of covered payroll must be held
7.29in reserve to be used to offset any future actuarially required contributions that are more
7.30than the total combined employee and employer contributions.
7.31(f) Before any reduction in contributions to eliminate a sufficiency in excess of one
7.32percent of covered pay may be recommended, the executive director must review any
7.33need for a change in actuarial assumptions, as recommended by the actuary retained under
7.34section 356.214 in the most recent experience study of the general employees retirement
7.35plan prepared under section 356.215 and the standards for actuarial work promulgated by
7.36the Legislative Commission on Pensions and Retirement that may result in an increase
8.1in the actuarially required contribution and must report to the Legislative Commission
8.2on Pensions and Retirement any recommendation by the board to use the sufficiency
8.3exceeding one percent of covered payroll to offset the impact of an actuarial assumption
8.4change recommended by the actuary retained under section 356.214, subdivision 1, and
8.5reviewed by the actuary retained by the commission under section 356.214, subdivision 4.
8.6(g) No contribution sufficiency in excess of one percent of covered pay may be
8.7proposed to be used to increase benefits, and no benefit increase may be proposed that
8.8would initiate an automatic adjustment to increase contributions under this subdivision.
8.9Any proposed benefit improvement must include a recommendation, prepared by the
8.10actuary retained under section 356.214, subdivision 1, and reviewed by the actuary
8.11retained by the Legislative Commission on Pensions and Retirement as provided under
8.12section 356.214, subdivision 4, on how the benefit modification will be funded.
8.13EFFECTIVE DATE.This section is effective the day following final enactment.

8.14    Sec. 12. Minnesota Statutes 2012, section 352.045, is amended by adding a subdivision
8.15to read:
8.16    Subd. 3b. Contribution rate revision; correctional state employees retirement
8.17plan and State Patrol retirement plan. (a) Subdivision 3a applies to the correctional
8.18state employees retirement plan under this chapter and to the State Patrol retirement plan
8.19established under chapter 352B, except as stated in this subdivision.
8.20(b) Any limitations on the amount of contribution rate changes stated in subdivision
8.213a apply only to the amount of the employee contribution revision. The employer
8.22contribution for the correctional state employees retirement plan or the State Patrol
8.23retirement plan, whichever is applicable, must be adjusted so that the employer
8.24contribution is equal to 60 percent of the sum of employee plus employer contributions.
8.25(c) For the State Patrol retirement plan, a contribution sufficiency of up to two
8.26percent of covered payroll, rather than one percent, may be held in reserves without taking
8.27action to reduce employee and employer contributions.
8.28EFFECTIVE DATE.This section is effective the day following final enactment.

8.29    Sec. 13. Minnesota Statutes 2012, section 352.113, subdivision 4, is amended to read:
8.30    Subd. 4. Medical or psychological examinations; authorization for payment of
8.31benefit. (a) Any physician, psychologist, chiropractor, or physician assistant providing
8.32any service specified in this section must be licensed.
9.1(b) An applicant shall provide medical, chiropractic, or psychological a detailed
9.2report signed by a physician, and at least one additional report signed by a physician,
9.3chiropractor, psychologist, or physician assistant with evidence to support an application
9.4for total and permanent disability.
9.5(b) The director shall have the employee examined by at least one additional
9.6licensed chiropractor, physician, or psychologist designated by the medical adviser. The
9.7chiropractors, physicians, or psychologists shall make written reports to the director
9.8concerning the employee's disability including must include an expert opinions as to
9.9 opinion regarding whether the employee is permanently and totally disabled within
9.10the meaning of section 352.01, subdivision 17, and that the disability arose before the
9.11employee was placed on any paid or unpaid leave of absence or terminated public service.
9.12(c) If there is medical evidence that supports the expectation that at some point
9.13the person applying for the disability benefit will no longer be disabled, the decision
9.14granting the disability benefit may provide for a termination date upon which the total and
9.15permanent disability can be expected to no longer exist. When a termination date is part
9.16of the decision granting benefits, prior to the benefit termination the executive director
9.17shall review any evidence provided by the disabled employee to show that the disabling
9.18condition for which benefits were initially granted continues. If the benefits cease, the
9.19disabled employee may follow the appeal procedures described in section 356.96 or may
9.20reapply for disability benefits using the process described in this subdivision.
9.21(d) Any claim to disability must be supported by a report from the employer
9.22indicating that there is no available work that the employee can perform with the disabling
9.23condition and that all reasonable accommodations have been considered. Upon request of
9.24the executive director, an employer shall provide evidence of the steps the employer has
9.25taken to attempt to provide reasonable accommodations and continued employment to
9.26the claimant.
9.27(c) (e) The director shall also obtain written certification from the employer
9.28stating whether the employment has ceased or whether the employee is on sick leave of
9.29absence because of a disability that will prevent further service to the employer and as a
9.30consequence that the employee is not entitled to compensation from the employer.
9.31(d) (f) The medical adviser shall consider the reports of the physicians, physician
9.32assistants, psychologists, and chiropractors and any other evidence supplied by the
9.33employee or other interested parties. If the medical adviser finds the employee totally and
9.34permanently disabled, the adviser shall make appropriate recommendation to the director
9.35in writing together with the date from which the employee has been totally disabled. The
9.36director shall then determine if the disability occurred within 18 months of filing the
10.1application, while still in the employment of the state, and the propriety of authorizing
10.2payment of a disability benefit as provided in this section.
10.3(e) (g) A terminated employee may apply for a disability benefit within 18 months of
10.4termination as long as the disability occurred while in the employment of the state. The
10.5fact that an employee is placed on leave of absence without compensation because of
10.6disability does not bar that employee from receiving a disability benefit.
10.7(f) (h) Unless the payment of a disability benefit has terminated because the
10.8employee is no longer totally disabled, or because the employee has reached normal
10.9retirement age as provided in this section, the disability benefit must cease with the last
10.10payment received by the disabled employee or which had accrued during the lifetime of the
10.11employee unless there is a spouse surviving. In that event, the surviving spouse is entitled
10.12to the disability benefit for the calendar month in which the disabled employee died.
10.13EFFECTIVE DATE.This section is effective the day following final enactment.

10.14    Sec. 14. Minnesota Statutes 2012, section 352.113, is amended by adding a subdivision
10.15to read:
10.16    Subd. 4a. Independent medical examination or vocational rehabilitation
10.17counseling. Any individual applying for or receiving disability benefits shall submit
10.18to an independent medical examination or an assessment by a certified rehabilitation
10.19counselor if requested by the executive director or designee. The examination must be
10.20paid for by the system.
10.21EFFECTIVE DATE.This section is effective the day following final enactment.

10.22    Sec. 15. Minnesota Statutes 2012, section 352.113, subdivision 6, is amended to read:
10.23    Subd. 6. Regular medical or psychological examinations. At least once each
10.24year during the first five years following the allowance of a disability benefit to any
10.25employee, and at least once in every three-year period thereafter, the director may require
10.26any disabled employee to undergo a provide medical, chiropractic, or psychological
10.27examination evidence to support the continuation of the total and permanent disability.
10.28The examination must be made at the place of residence of the employee, or at any place
10.29mutually agreed upon, evidence must be in a form and manner prescribed by the executive
10.30director for review by an expert or experts designated by the medical adviser and engaged
10.31by the director. If any examination indicates the medical information provided to the
10.32medical adviser indicates that the employee is no longer permanently and totally disabled,
10.33or is engaged in or can engage in a gainful occupation, payments of the disability benefit
11.1by the fund must be discontinued. The payments must be discontinued as soon as the
11.2employee is reinstated to the payroll following a sick leave of absence, but in no case may
11.3payment be made for more than 60 days after the medical adviser finds that the employee
11.4is no longer permanently and totally disabled.
11.5EFFECTIVE DATE.This section is effective the day following final enactment.

11.6    Sec. 16. Minnesota Statutes 2012, section 352.113, subdivision 8, is amended to read:
11.7    Subd. 8. Refusal of examination. If a disabled employee person applying for a
11.8disability benefit refuses to submit to an expert a medical or psychological examination,
11.9the disability application shall be rejected. If a disability benefit recipient refuses to submit
11.10to a medical or psychological examination as required, payments by the fund must be
11.11discontinued and the director shall revoke all rights of the employee in any disability benefit.
11.12EFFECTIVE DATE.This section is effective the day following final enactment.

11.13    Sec. 17. Minnesota Statutes 2012, section 352.113, is amended by adding a subdivision
11.14to read:
11.15    Subd. 14. Disabilitant earnings reports. Disability benefit recipients must report
11.16all earnings from reemployment and income from workers' compensation to the system
11.17annually by May 15 in a format prescribed by the executive director. If the form is not
11.18submitted by June 15, benefits must be suspended effective July 1. If the form deemed
11.19acceptable by the executive director is received after the June 15 deadline, benefits shall
11.20be reinstated retroactive to July 1.
11.21EFFECTIVE DATE.This section is effective the day following final enactment.

11.22    Sec. 18. Minnesota Statutes 2012, section 352.22, subdivision 3, is amended to read:
11.23    Subd. 3. Deferred annuity. (a) An employee who has at least three years of
11.24allowable service if employed before July 1, 2010, or who has at least five years of
11.25allowable service if employed after June 30, 2010, when termination occurs may elect
11.26to leave the accumulated contributions in the fund and thereby be entitled to a deferred
11.27retirement annuity. The annuity must be computed under the law in effect when state
11.28service terminated, on the basis of the allowable service credited to the person before
11.29the termination of service.
11.30(b) An employee on layoff or on leave of absence without pay, except a leave of
11.31absence for health reasons, and who does not return to state service must have an annuity,
12.1deferred annuity, or other benefit to which the employee may become entitled computed
12.2under the law in effect on the employee's last working day.
12.3(c) No application for a deferred annuity may be made more than 60 days before
12.4the time the former employee reaches the required age for entitlement to the payment of
12.5the annuity. The deferred annuity begins to accrue no earlier than 60 days before the date
12.6the application is filed in the office of the system, but not (1) before the date on which
12.7the employee reaches the required age for entitlement to the annuity nor (2) before the
12.8day following the termination of state service in a position which is not covered by the
12.9retirement system.
12.10(d) Application for the accumulated contributions left on deposit with the fund may
12.11be made at any time following the date of the termination of service.
12.12(e) Deferred annuities must be augmented as provided in section 352.72, subdivision
12.132.
12.14EFFECTIVE DATE.This section is effective the day following final enactment.

12.15    Sec. 19. Minnesota Statutes 2012, section 352.955, subdivision 1, is amended to read:
12.16    Subdivision 1. Election to transfer prior MSRS-general service credit. (a) An
12.17eligible employee described in paragraph (b) may elect to transfer service credit in the
12.18general state employees retirement plan of the Minnesota State Retirement System to the
12.19correctional state employees retirement plan for eligible prior correctional employment.
12.20    (b) An eligible employee is a person who is covered by Laws 2007, chapter 134,
12.21article 3, section 6, or who became eligible for retirement coverage by the correctional
12.22state employees retirement plan of the Minnesota State Retirement System under Laws
12.232006, chapter 271, article 2, Laws 2007, chapter 134, article 3, or legislation implementing
12.24the recommendations under section 352.91, subdivision 4a.
12.25    (c) Eligible prior correctional employment is employment covered correctional
12.26service defined in Laws 2007, chapter 134, article 3, section 6, or is employment by the
12.27Department of Corrections or by the Department of Human Services that preceded the
12.28effective date of the retirement coverage transfer under Laws 2006, chapter 271, article
12.292, Laws 2007, chapter 134, article 3, or legislation implementing the recommendations
12.30under section 352.91, subdivision 4a by the general state employees retirement plan of
12.31the Minnesota State Retirement System, is continuous service, and is certified by the
12.32commissioner of corrections and the commissioner of human services, whichever applies,
12.33and by the commissioner of management and budget to the executive director of the
12.34Minnesota State Retirement System as service that would qualify for correctional state
13.1employees retirement plan coverage under section 352.91, if the service was had been
13.2rendered after the date of coverage transfer.
13.3    (d) The election to transfer past service credit under this section must be made in
13.4writing by the applicable person on a form prescribed by the executive director of the
13.5Minnesota State Retirement System and must be filed with the executive director of the
13.6Minnesota State Retirement System on or before (1) January 1, 2008, or the one year
13.7anniversary of the coverage transfer, whichever is later, or (2) the date of the eligible
13.8employee's termination of state employment, whichever is earlier.
13.9EFFECTIVE DATE.This section is effective the day following final enactment.

13.10    Sec. 20. Minnesota Statutes 2012, section 352.955, subdivision 3, is amended to read:
13.11    Subd. 3. Payment of additional equivalent contributions; post-June 30, 2007,
13.12coverage transfers. (a) An eligible employee who is transferred to plan coverage after
13.13June 30, 2007, and who elects to transfer past service credit under this section must pay
13.14an additional member contribution for that prior service period. The additional member
13.15contribution is the amount computed under paragraph (b), plus the greater of the amount
13.16computed under paragraph (c), or 40 percent of the unfunded actuarial accrued liability
13.17attributable to the past service credit transfer.
13.18    (b) The executive director shall compute, for the most recent 12 months of service
13.19credit eligible for transfer, or for the entire period eligible for transfer if less than 12
13.20months, the difference between the employee contribution rate or rates for the general state
13.21employees retirement plan and the employee contribution rate or rates for the correctional
13.22state employees retirement plan applied to the eligible employee's salary during that
13.23transfer period, plus compound interest at a monthly rate of 0.71 percent.
13.24    (c) The executive director shall compute, for any service credit being transferred
13.25on behalf of the eligible employee and not included under paragraph (b), the difference
13.26between the employee contribution rate or rates for the general state employees retirement
13.27plan and the employee contribution rate or rates for the correctional state employees
13.28retirement plan applied to the eligible employee's salary during that transfer period, plus
13.29compound interest at a monthly rate of 0.71 percent.
13.30    (d) The executive director shall compute an amount using the process specified in
13.31paragraph (b), but based on differences in employer contribution rates between the general
13.32state employees retirement plan and the correctional state employees retirement plan
13.33rather than employee contribution rates.
13.34    (e) The executive director shall compute an amount using the process specified in
13.35paragraph (c), but based on differences in employer contribution rates between the general
14.1state employees retirement plan and the correctional state employees retirement plan
14.2rather than employee contribution rates.
14.3    (f) The additional equivalent member contribution under this subdivision must be
14.4paid in a lump sum. Payment must accompany the election to transfer the prior service
14.5credit. No transfer election or additional equivalent member contribution payment may be
14.6made by a person or accepted by the executive director after the one year anniversary date
14.7of the effective date of the retirement coverage transfer, or the date on which the eligible
14.8employee terminates state employment, whichever is earlier.
14.9    (g) If an eligible employee elects to transfer past service credit under this section
14.10and pays the additional equivalent member contribution amount under paragraph (a), the
14.11applicable department shall pay an additional equivalent employer contribution amount.
14.12The additional employer contribution is the amount computed under paragraph (d), plus
14.13the greater of the amount computed under paragraph (e), or 60 percent of the unfunded
14.14actuarial accrued liability attributable to the past service credit transfer.
14.15    (h) The unfunded actuarial accrued liability attributable to the past service credit
14.16transfer is the present value of the benefit obtained by the transfer of the service credit
14.17to the correctional state employees retirement plan reduced by the amount of the asset
14.18transfer under subdivision 4, by the amount of the member contribution equivalent
14.19payment computed under paragraph (b), and by the amount of the employer contribution
14.20equivalent payment computed under paragraph (d).
14.21    (i) The additional equivalent employer contribution under this subdivision must be
14.22paid in a lump sum and must be paid within 30 days of the date on which the executive
14.23director of the Minnesota State Retirement System certifies to the applicable department
14.24that the employee paid the additional equivalent member contribution.
14.25EFFECTIVE DATE.This section is effective the day following final enactment.

14.26    Sec. 21. Minnesota Statutes 2012, section 352B.011, subdivision 13, is amended to read:
14.27    Subd. 13. Surviving spouse. "Surviving spouse" means a member's or former
14.28member's legally married spouse who resided with the member or former member at the
14.29time of death and was married to the member or former member, for a period of at least
14.30one year, during or before the time of membership.
14.31EFFECTIVE DATE.This section is effective the day following final enactment.

14.32    Sec. 22. Minnesota Statutes 2012, section 352B.10, is amended by adding a
14.33subdivision to read:
15.1    Subd. 7. Disabilitant earnings reports. Disability benefit recipients must report
15.2all earnings from reemployment and income from workers' compensation to the system
15.3annually by May 15 in a format prescribed by the executive director. If the form is not
15.4submitted by June 15, benefits must be suspended effective July 1. If the form deemed
15.5acceptable by the executive director is received after the June 15 deadline, benefits shall
15.6be reinstated retroactive to July 1.
15.7EFFECTIVE DATE.This section is effective the day following final enactment.

15.8    Sec. 23. Minnesota Statutes 2012, section 352D.04, subdivision 2, is amended to read:
15.9    Subd. 2. Contribution rates. (a) The money used to purchase shares under this
15.10section is the employee and employer contributions provided in this subdivision.
15.11    (b) The employee contribution is an amount equal to the percent of salary specified
15.12in section 352.04, subdivision 2, or 352.045, subdivision 3 3a.
15.13    (c) The employer contribution is an amount equal to six percent of salary.
15.14    (d) For members of the legislature, the contributions under this subdivision also must
15.15be made on per diem payments received during a regular or special legislative session, but
15.16may not be made on per diem payments received outside of a regular or special legislative
15.17session, on the additional compensation attributable to a leadership position under section
15.183.099 , subdivision 3, living expense payments under section 3.101, or special session
15.19living expense payments under section 3.103.
15.20    (e) For a judge who is a member of the unclassified plan under section 352D.02,
15.21subdivision 1, paragraph (c), clause (16), the employee contribution rate is eight percent
15.22of salary, and there is no employer contribution.
15.23(f) These contributions must be made in the manner provided in section 352.04,
15.24subdivisions 4, 5, and 6.
15.25EFFECTIVE DATE.This section is effective the day following final enactment.

15.26    Sec. 24. Minnesota Statutes 2012, section 356.20, subdivision 4, is amended to read:
15.27    Subd. 4. Contents of financial report. (a) The financial report required by
15.28this section must contain financial statements and disclosures that indicate the financial
15.29operations and position of the retirement plan and fund. The report must conform with
15.30generally accepted governmental accounting principles, applied on a consistent basis. The
15.31report must be audited.
15.32    (b) The report must include, as part of its exhibits or its footnotes, an actuarial
15.33disclosure item based on a statement that the actuarial valuation calculations prepared
16.1by the actuary retained under section 356.214 or by the actuary retained by the
16.2retirement fund or plan, whichever applies, according to comply with applicable actuarial
16.3requirements enumerated in section 356.215, and specified in the most recent standards
16.4for actuarial work adopted by the Legislative Commission on Pensions and Retirement.
16.5The actuarial value of assets, the actuarial accrued liabilities, including accrued reserves,
16.6 and the unfunded actuarial accrued liability of the fund or plan must be disclosed. The
16.7disclosure item report must contain a declaration certification by the actuary retained
16.8under section 356.214 or the actuary retained by the fund or plan, whichever applies,
16.9specifying that the required reserves for any retirement, disability, or survivor normal
16.10cost and the actuarial accrued liabilities for all benefits provided under a benefit formula
16.11 are computed in accordance with the entry age actuarial cost method and in accordance
16.12with the most recent applicable standards for actuarial work adopted by the Legislative
16.13Commission on Pensions and Retirement.
16.14    (c) The report must contain an itemized exhibit describing the administrative
16.15expenses of the plan, including, but not limited to, the following items, classified on a
16.16consistent basis from year to year, and with any further meaningful detail:
16.17    (1) personnel expenses;
16.18    (2) communication-related expenses;
16.19    (3) office building and maintenance expenses;
16.20    (4) professional services fees; and
16.21    (5) other expenses.
16.22    (d) The report must contain an itemized exhibit describing the investment expenses
16.23of the plan, including, but not limited to, the following items, classified on a consistent
16.24basis from year to year, and with any further meaningful detail:
16.25    (1) internal investment-related expenses; and
16.26    (2) external investment-related expenses.
16.27    (e) Any additional statements or exhibits or more detailed or subdivided itemization
16.28of a disclosure item that will enable the management of the plan to portray a true
16.29interpretation of the plan's financial condition must be included in the additional
16.30statements or exhibits.
16.31EFFECTIVE DATE.This section is effective the day following final enactment.

16.32    Sec. 25. Minnesota Statutes 2012, section 356.214, subdivision 1, is amended to read:
16.33    Subdivision 1. Actuary retention. (a) The governing board or managing or
16.34administrative official of each public pension plan and retirement fund or plan enumerated
16.35in paragraph (b) shall contract with an established actuarial consulting firm to conduct
17.1annual actuarial valuations and related services. The principal from the actuarial
17.2consulting firm on the contract must be an approved actuary under section 356.215,
17.3subdivision 1
, paragraph (c).
17.4    (b) Actuarial services must include the preparation of actuarial valuations and
17.5related actuarial work for the following retirement plans:
17.6    (1) the teachers retirement plan, Teachers Retirement Association;
17.7    (2) the general state employees retirement plan, Minnesota State Retirement System;
17.8    (3) the correctional employees retirement plan, Minnesota State Retirement System;
17.9    (4) the State Patrol retirement plan, Minnesota State Retirement System;
17.10    (5) the judges retirement plan, Minnesota State Retirement System;
17.11    (6) the general employees retirement plan, Public Employees Retirement
17.12Association, including the MERF division;
17.13    (7) the public employees police and fire plan, Public Employees Retirement
17.14Association;
17.15    (8) the Duluth teachers retirement plan, Duluth Teachers Retirement Fund
17.16Association;
17.17    (9) the St. Paul teachers retirement plan, St. Paul Teachers Retirement Fund
17.18Association;
17.19    (10) the legislators retirement plan, Minnesota State Retirement System; and
17.20    (11) the elective state officers retirement plan, Minnesota State Retirement System;
17.21and
17.22    (12) (11) the local government correctional service retirement plan, Public
17.23Employees Retirement Association.
17.24(c) The actuarial valuation for the legislators retirement plan must include a separate
17.25calculation of total plan actuarial accrued liabilities due to constitutional officer coverage
17.26under section 3A.17.
17.27    (c) (d) The contracts must require completion of the annual actuarial valuation
17.28calculations on a fiscal year basis, with the contents of the actuarial valuation calculations
17.29as specified in section 356.215, and in conformity with the standards for actuarial work
17.30adopted by the Legislative Commission on Pensions and Retirement.
17.31    The contracts must require completion of annual experience data collection and
17.32processing and a quadrennial published experience study for the plans listed in paragraph
17.33(b), clauses (1), (2), and (6), as provided for in the standards for actuarial work adopted by
17.34the commission. The experience data collection, processing, and analysis must evaluate
17.35the following:
17.36    (1) individual salary progression;
18.1    (2) the rate of return on investments based on the current asset value;
18.2    (3) payroll growth;
18.3    (4) mortality;
18.4    (5) retirement age;
18.5    (6) withdrawal; and
18.6    (7) disablement.
18.7    (d) (e) The actuary shall annually prepare a report to the governing or managing
18.8board or administrative official and the legislature, summarizing the results of the actuarial
18.9valuation calculations. The actuary shall include with the report any recommendations
18.10concerning the appropriateness of the support rates to achieve proper funding of
18.11the retirement plans by the required funding dates. The actuary shall, as part of the
18.12quadrennial experience study, include recommendations on the appropriateness of the
18.13actuarial valuation assumptions required for evaluation in the study.
18.14    (e) (f) If the actuarial gain and loss analysis in the actuarial valuation calculations
18.15indicates a persistent pattern of sizable gains or losses, the governing or managing board
18.16or administrative official shall direct the actuary to prepare a special experience study for
18.17a plan listed in paragraph (b), clause (3), (4), (5), (7), (8), (9), (10), (11), or (12), in the
18.18manner provided for in the standards for actuarial work adopted by the commission.
18.19EFFECTIVE DATE.This section is effective July 1, 2013.

18.20    Sec. 26. Minnesota Statutes 2012, section 356.215, subdivision 1, is amended to read:
18.21    Subdivision 1. Definitions. (a) For the purposes of sections 3.85 and 356.20 to
18.22356.23 , each of the terms in the following paragraphs has the meaning given.
18.23    (b) "Actuarial valuation" means a set of calculations prepared by an actuary retained
18.24under section 356.214 if so required under section 3.85, or otherwise, by an approved
18.25actuary, to determine the normal cost and the accrued actuarial liabilities of a benefit
18.26plan, according to the entry age actuarial cost method and based upon stated assumptions
18.27including, but not limited to rates of interest, mortality, salary increase, disability,
18.28withdrawal, and retirement and to determine the payment necessary to amortize over a
18.29stated period any unfunded accrued actuarial liability disclosed as a result of the actuarial
18.30valuation of the benefit plan.
18.31    (c) "Approved actuary" means a person who is regularly engaged in the business of
18.32providing actuarial services and who is a fellow in the Society of Actuaries.
18.33    (d) "Entry age actuarial cost method" means an actuarial cost method under which
18.34the actuarial present value of the projected benefits of each individual currently covered
18.35by the benefit plan and included in the actuarial valuation is allocated on a level basis over
19.1the service of the individual, if the benefit plan is governed by section 69.773, or over the
19.2earnings of the individual, if the benefit plan is governed by any other law, between the
19.3entry age and the assumed exit age, with the portion of the actuarial present value which is
19.4allocated to the valuation year to be the normal cost and the portion of the actuarial present
19.5value not provided for at the valuation date by the actuarial present value of future normal
19.6costs to be the actuarial accrued liability, with aggregation in the calculation process to be
19.7the sum of the calculated result for each covered individual and with recognition given to
19.8any different benefit formulas which may apply to various periods of service.
19.9    (e) "Experience study" means a report providing experience data and an actuarial
19.10analysis of the adequacy of the actuarial assumptions on which actuarial valuations are
19.11based.
19.12    (f) "Actuarial value of assets" means:
19.13    (1) For the July 1, 2012, actuarial valuation, the market value of all assets as of
19.14June 30, 2012, reduced by:
19.15    (i) 20 percent of the difference between the actual net change in the market value of
19.16assets other than the Minnesota postretirement investment fund between June 30, 2009,
19.17and June 30, 2008, and the computed increase in the market value of assets other than the
19.18Minnesota postretirement investment fund over that fiscal year period if the assets had
19.19earned a rate of return on assets equal to the annual percentage preretirement interest rate
19.20assumption used in the actuarial valuation for July 1, 2008;
19.21    (ii) 40 percent of the difference between the actual net change in the market value of
19.22total assets between June 30, 2010, and June 30, 2009, and the computed increase in the
19.23market value of total assets over that fiscal year period if the assets had earned a rate of
19.24return on assets equal to the annual percentage preretirement interest rate assumption used
19.25in the actuarial valuation for July 1, 2009;
19.26    (iii) 60 percent of the difference between the actual net change in the market value
19.27of total assets between June 30, 2011, and June 30, 2010, and the computed increase in the
19.28market value of total assets over that fiscal year period if the assets had earned a rate of
19.29return on assets equal to the annual percentage preretirement interest rate assumption used
19.30in the actuarial valuation for July 1, 2010;
19.31    (iv) 80 percent of the difference between the actual net change in the market value of
19.32total assets between June 30, 2012, and June 30, 2011, and the computed increase in the
19.33market value of total assets over that fiscal year period if the assets had earned a rate of
19.34return on assets equal to the annual percentage preretirement interest rate assumption used
19.35in the actuarial valuation for July 1, 2011; and
20.1    (v) if applicable, 20 percent of the difference between the actual net change in the
20.2market value of the Minnesota postretirement investment fund between June 30, 2009,
20.3and June 30, 2008, and the computed increase in the market value of assets over that fiscal
20.4year period if the assets had increased at 8.5 percent annually.
20.5    (2) For the July 1, 2013, and following actuarial valuations, the market value of all
20.6assets as of the preceding June 30, reduced by:
20.7    (i) (1) 20 percent of the difference between the actual net change in the market value
20.8of total assets between the June 30 that occurred three years earlier and the June 30 that
20.9occurred four years earlier and the computed increase in the market value of total assets
20.10over that fiscal year period if the assets had earned a rate of return on assets equal to the
20.11annual percentage preretirement interest rate assumption used in the actuarial valuation
20.12for the July 1 that occurred four years earlier;
20.13    (ii) (2) 40 percent of the difference between the actual net change in the market value
20.14of total assets between the June 30 that occurred two years earlier and the June 30 that
20.15occurred three years earlier and the computed increase in the market value of total assets
20.16over that fiscal year period if the assets had earned a rate of return on assets equal to the
20.17annual percentage preretirement interest rate assumption used in the actuarial valuation
20.18for the July 1 that occurred three years earlier;
20.19    (iii) (3) 60 percent of the difference between the actual net change in the market
20.20value of total assets between the June 30 that occurred one year earlier and the June 30 that
20.21occurred two years earlier and the computed increase in the market value of total assets
20.22over that fiscal year period if the assets had earned a rate of return on assets equal to the
20.23annual percentage preretirement interest rate assumption used in the actuarial valuation
20.24for the July 1 that occurred two years earlier; and
20.25    (iv) (4) 80 percent of the difference between the actual net change in the market
20.26value of total assets between the most recent June 30 and the June 30 that occurred
20.27one year earlier and the computed increase in the market value of total assets over that
20.28fiscal year period if the assets had earned a rate of return on assets equal to the annual
20.29percentage preretirement interest rate assumption used in the actuarial valuation for the
20.30July 1 that occurred one year earlier.
20.31    (g) "Unfunded actuarial accrued liability" means the total current and expected
20.32future benefit obligations, reduced by the sum of the actuarial value of assets and the
20.33present value of future normal costs.
20.34    (h) "Pension benefit obligation" means the actuarial present value of credited
20.35projected benefits, determined as the actuarial present value of benefits estimated to be
20.36payable in the future as a result of employee service attributing an equal benefit amount,
21.1including the effect of projected salary increases and any step rate benefit accrual rate
21.2differences, to each year of credited and expected future employee service.
21.3EFFECTIVE DATE.This section is effective the day following final enactment.

21.4    Sec. 27. Minnesota Statutes 2012, section 356.215, subdivision 8, is amended to read:
21.5    Subd. 8. Interest and salary assumptions. (a) The actuarial valuation must use
21.6the applicable following preretirement interest assumption and the applicable following
21.7postretirement interest assumption:
21.8(1) select and ultimate interest rate assumption
21.9
21.10
21.11
21.12
plan
ultimate
preretirement
interest rate
assumption
ultimate
postretirement
interest rate
assumption
21.13
general state employees retirement plan
8.5%
6.0%
21.14
correctional state employees retirement plan
8.5
6.0
21.15
State Patrol retirement plan
8.5
6.0
21.16
21.17
21.18
legislators retirement plan, and for the
constitutional officers calculation of total plan
liabilities
0.0
-2.0 until June 30,
2040, and -2.5 after
June 30, 2040 0.0
21.19
21.20
21.21
elective state officers retirement plan
0.0
-2.0 until June 30,
2040, and -2.5 after
June 30, 2040
21.22
judges retirement plan
8.5
6.0
21.23
general public employees retirement plan
8.5
6.0
21.24
public employees police and fire retirement plan
8.5
6.0
21.25
21.26
local government correctional service
retirement plan
8.5
6.0
21.27
teachers retirement plan
8.5
6.0
21.28
Duluth teachers retirement plan
8.5
8.5
21.29
St. Paul teachers retirement plan
8.5
8.5
21.30Except for the legislators retirement plan and the elective state constitutional officers
21.31retirement plan calculation of total plan liabilities, the select preretirement interest rate
21.32assumption for the period after June 30, 2012, through June 30, 2017, is 8.0 percent.
21.33Except for the legislators retirement plan and the elective state constitutional officers
21.34retirement plan calculation of total plan liabilities, the select postretirement interest rate
21.35assumption for the period after June 30, 2012, through June 30, 2017, is 5.5 percent,
21.36except for the Duluth teachers retirement plan and the St. Paul teachers retirement plan,
21.37each with a select postretirement interest rate assumption for the period after June 30,
21.382012, through June 30, 2017, of 8.0 percent.
21.39(2) single rate preretirement and postretirement interest rate assumption
22.1
22.2
plan
interest rate
assumption
22.3
Bloomington Fire Department Relief Association
6.0
22.4
22.5
local monthly benefit volunteer firefighters relief
associations
5.0
22.6    (b) The actuarial valuation must use the applicable following single rate future salary
22.7increase assumption, the applicable following modified single rate future salary increase
22.8assumption, or the applicable following graded rate future salary increase assumption:
22.9    (1) single rate future salary increase assumption
22.10
plan
future salary increase assumption
22.11
legislators retirement plan
5.0%
22.12
judges retirement plan
3.0
22.13
22.14
Bloomington Fire Department Relief
Association
4.0
22.15    (2) age-related future salary increase age-related select and ultimate future salary
22.16increase assumption or graded rate future salary increase assumption
22.17
plan
future salary increase assumption
22.18
local government correctional service retirement plan
assumption C
22.19
Duluth teachers retirement plan
assumption A
22.20
St. Paul teachers retirement plan
assumption B
22.21For plans other than the Duluth teachers
22.22retirement plan, the select calculation
22.23is: during the designated select period, a
22.24designated percentage rate is multiplied by
22.25the result of the designated integer minus T,
22.26where T is the number of completed years
22.27of service, and is added to the applicable
22.28future salary increase assumption. The
22.29designated select period is ten years and the
22.30designated integer is ten for all retirement
22.31plans covered by this clause. The designated
22.32percentage rate is 0.3 percent for the St. Paul
22.33Teachers Retirement Fund Association. The
22.34select calculation for the Duluth Teachers
22.35Retirement Fund Association is 8.00 percent
22.36per year for service years one through seven,
22.377.25 percent per year for service years seven
23.1and eight, and 6.50 percent per year for
23.2service years eight and nine.
23.3    The ultimate future salary increase assumption is:
23.4
age
A
B
C
23.5
16
8.00%
6.90%
9.00%
23.6
17
8.00
6.90
9.00
23.7
18
8.00
6.90
9.00
23.8
19
8.00
6.90
9.00
23.9
20
6.90
6.90
9.00
23.10
21
6.90
6.90
8.75
23.11
22
6.90
6.90
8.50
23.12
23
6.85
6.85
8.25
23.13
24
6.80
6.80
8.00
23.14
25
6.75
6.75
7.75
23.15
26
6.70
6.70
7.50
23.16
27
6.65
6.65
7.25
23.17
28
6.60
6.60
7.00
23.18
29
6.55
6.55
6.75
23.19
30
6.50
6.50
6.75
23.20
31
6.45
6.45
6.50
23.21
32
6.40
6.40
6.50
23.22
33
6.35
6.35
6.50
23.23
34
6.30
6.30
6.25
23.24
35
6.25
6.25
6.25
23.25
36
6.20
6.20
6.00
23.26
37
6.15
6.15
6.00
23.27
38
6.10
6.10
6.00
23.28
39
6.05
6.05
5.75
23.29
40
6.00
6.00
5.75
23.30
41
5.90
5.95
5.75
23.31
42
5.80
5.90
5.50
23.32
43
5.70
5.85
5.25
23.33
44
5.60
5.80
5.25
23.34
45
5.50
5.75
5.00
23.35
46
5.40
5.70
5.00
23.36
47
5.30
5.65
5.00
23.37
48
5.20
5.60
5.00
23.38
49
5.10
5.55
5.00
23.39
50
5.00
5.50
5.00
23.40
51
4.90
5.45
5.00
23.41
52
4.80
5.40
5.00
23.42
53
4.70
5.35
5.00
23.43
54
4.60
5.30
5.00
24.1
55
4.50
5.25
4.75
24.2
56
4.40
5.20
4.75
24.3
57
4.30
5.15
4.50
24.4
58
4.20
5.10
4.25
24.5
59
4.10
5.05
4.25
24.6
60
4.00
5.00
4.25
24.7
61
3.90
5.00
4.25
24.8
62
3.80
5.00
4.25
24.9
63
3.70
5.00
4.25
24.10
64
3.60
5.00
4.25
24.11
65
3.50
5.00
4.00
24.12
66
3.50
5.00
4.00
24.13
67
3.50
5.00
4.00
24.14
68
3.50
5.00
4.00
24.15
69
3.50
5.00
4.00
24.16
70
3.50
5.00
4.00
24.17(3) service-related ultimate future salary increase assumption
24.18
24.19
general state employees retirement plan of the
Minnesota State Retirement System
assumption A
24.20
24.21
general employees retirement plan of the Public
Employees Retirement Association
assumption B
24.22
Teachers Retirement Association
assumption C
24.23
public employees police and fire retirement plan
assumption D
24.24
State Patrol retirement plan
assumption E
24.25
24.26
correctional state employees retirement plan of the
Minnesota State Retirement System
assumption F
24.27
24.28
service
length
A
B
C
D
E
F
24.29
1
10.50%
12.03%
12.00%
13.00%
8.00%
6.00%
24.30
2
8.10
8.90
9.00
11.00
7.50
5.85
24.31
3
6.90
7.46
8.00
9.00
7.00
5.70
24.32
4
6.20
6.58
7.50
8.00
6.75
5.55
24.33
5
5.70
5.97
7.25
6.50
6.50
5.40
24.34
6
5.30
5.52
7.00
6.10
6.25
5.25
24.35
7
5.00
5.16
6.85
5.80
6.00
5.10
24.36
8
4.70
4.87
6.70
5.60
5.85
4.95
24.37
9
4.50
4.63
6.55
5.40
5.70
4.80
24.38
10
4.40
4.42
6.40
5.30
5.55
4.65
24.39
11
4.20
4.24
6.25
5.20
5.40
4.55
24.40
12
4.10
4.08
6.00
5.10
5.25
4.45
24.41
13
4.00
3.94
5.75
5.00
5.10
4.35
24.42
14
3.80
3.82
5.50
4.90
4.95
4.25
24.43
15
3.70
3.70
5.25
4.80
4.80
4.15
25.1
16
3.60
3.60
5.00
4.80
4.65
4.05
25.2
17
3.50
3.51
4.75
4.80
4.50
3.95
25.3
18
3.50
3.50
4.50
4.80
4.35
3.85
25.4
19
3.50
3.50
4.25
4.80
4.20
3.75
25.5
20
3.50
3.50
4.00
4.80
4.05
3.75
25.6
21
3.50
3.50
3.90
4.70
4.00
3.75
25.7
22
3.50
3.50
3.80
4.60
4.00
3.75
25.8
23
3.50
3.50
3.70
4.50
4.00
3.75
25.9
24
3.50
3.50
3.60
4.50
4.00
3.75
25.10
25
3.50
3.50
3.50
4.50
4.00
3.75
25.11
26
3.50
3.50
3.50
4.50
4.00
3.75
25.12
27
3.50
3.50
3.50
4.50
4.00
3.75
25.13
28
3.50
3.50
3.50
4.50
4.00
3.75
25.14
29
3.50
3.50
3.50
4.50
4.00
3.75
25.15
25.16
30 or
more
3.50
3.50
3.50
4.50
4.00
3.75
25.17    (c) The actuarial valuation must use the applicable following payroll growth
25.18assumption for calculating the amortization requirement for the unfunded actuarial
25.19accrued liability where the amortization retirement is calculated as a level percentage
25.20of an increasing payroll:
25.21
plan
payroll growth assumption
25.22
25.23
general state employees retirement plan of the
Minnesota State Retirement System
3.75%
25.24
correctional state employees retirement plan
3.75
25.25
State Patrol retirement plan
3.75
25.26
judges retirement plan
3.00
25.27
25.28
general employees retirement plan of the Public
Employees Retirement Association
3.75
25.29
public employees police and fire retirement plan
3.75
25.30
local government correctional service retirement plan
3.75
25.31
teachers retirement plan
3.75
25.32
Duluth teachers retirement plan
4.50
25.33
St. Paul teachers retirement plan
5.00
25.34    (d) The assumptions set forth in paragraphs (b) and (c) continue to apply, unless a
25.35different salary assumption or a different payroll increase assumption:
25.36    (1) has been proposed by the governing board of the applicable retirement plan;
25.37    (2) is accompanied by the concurring recommendation of the actuary retained under
25.38section 356.214, subdivision 1, if applicable, or by the approved actuary preparing the
25.39most recent actuarial valuation report if section 356.214 does not apply; and
25.40    (3) has been approved or deemed approved under subdivision 18.
26.1EFFECTIVE DATE.This section is effective July 1, 2013.

26.2    Sec. 28. Minnesota Statutes 2012, section 356.30, subdivision 3, is amended to read:
26.3    Subd. 3. Covered plans. This section applies to the following retirement plans:
26.4(1) the general state employees retirement plan of the Minnesota State Retirement
26.5System, established under chapter 352;
26.6(2) the correctional state employees retirement plan of the Minnesota State
26.7Retirement System, established under chapter 352;
26.8(3) the unclassified employees retirement program, established under chapter 352D;
26.9(4) the State Patrol retirement plan, established under chapter 352B;
26.10(5) the legislators retirement plan, established under chapter 3A, including
26.11constitutional officers as specified in that chapter;
26.12(6) the elective state officers retirement plan, established under chapter 352C;
26.13(7) (6) the general employees retirement plan of the Public Employees Retirement
26.14Association, established under chapter 353, including the MERF division of the Public
26.15Employees Retirement Association;
26.16(8) (7) the public employees police and fire retirement plan of the Public Employees
26.17Retirement Association, established under chapter 353;
26.18(9) (8) the local government correctional service retirement plan of the Public
26.19Employees Retirement Association, established under chapter 353E;
26.20(10) (9) the Teachers Retirement Association, established under chapter 354;
26.21(11) (10) the St. Paul Teachers Retirement Fund Association, established under
26.22chapter 354A;
26.23(12) (11) the Duluth Teachers Retirement Fund Association, established under
26.24chapter 354A; and
26.25(13) (12) the judges retirement fund, established by chapter 490.
26.26EFFECTIVE DATE.This section is effective July 1, 2013.

26.27    Sec. 29. Minnesota Statutes 2012, section 356.401, subdivision 3, is amended to read:
26.28    Subd. 3. Covered retirement plans. The provisions of this section apply to the
26.29following retirement plans:
26.30(1) the legislators retirement plan, established by chapter 3A, including constitutional
26.31officers as specified in that chapter;
26.32(2) the general state employees retirement plan of the Minnesota State Retirement
26.33System, established by chapter 352;
27.1(3) the correctional state employees retirement plan of the Minnesota State
27.2Retirement System, established by chapter 352;
27.3(4) the State Patrol retirement plan, established by chapter 352B;
27.4(5) the elective state officers retirement plan, established by chapter 352C;
27.5(6) (5) the unclassified state employees retirement program, established by chapter
27.6352D;
27.7(7) (6) the general employees retirement plan of the Public Employees Retirement
27.8Association, established by chapter 353, including the MERF division of the Public
27.9Employees Retirement Association;
27.10(8) (7) the public employees police and fire plan of the Public Employees Retirement
27.11Association, established by chapter 353;
27.12(9) (8) the public employees defined contribution plan, established by chapter 353D;
27.13(10) (9) the local government correctional service retirement plan of the Public
27.14Employees Retirement Association, established by chapter 353E;
27.15(11) (10) the voluntary statewide lump-sum volunteer firefighter retirement plan,
27.16established by chapter 353G;
27.17(12) (11) the Teachers Retirement Association, established by chapter 354;
27.18(13) (12) the Duluth Teachers Retirement Fund Association, established by chapter
27.19354A;
27.20(14) (13) the St. Paul Teachers Retirement Fund Association, established by chapter
27.21354A;
27.22(15) (14) the individual retirement account plan, established by chapter 354B;
27.23(16) (15) the higher education supplemental retirement plan, established by chapter
27.24354C; and
27.25(17) (16) the judges retirement fund, established by chapter 490.
27.26EFFECTIVE DATE.This section is effective July 1, 2013.

27.27    Sec. 30. Minnesota Statutes 2012, section 356.415, subdivision 1a, is amended to read:
27.28    Subd. 1a. Annual postretirement adjustments; Minnesota State Retirement
27.29System plans other than State Patrol retirement plan. (a) Retirement annuity, disability
27.30benefit, or survivor benefit recipients of the legislators retirement plan plans, including
27.31constitutional officers as specified in chapter 3A, the general state employees retirement
27.32plan, the correctional state employees retirement plan, the elected state officers retirement
27.33plan, the unclassified state employees retirement program, and the judges retirement plan
27.34are entitled to a postretirement adjustment annually on January 1, as follows:
28.1(1) a postretirement increase of two percent must be applied each year, effective
28.2on January 1, to the monthly annuity or benefit of each annuitant or benefit recipient
28.3who has been receiving an annuity or a benefit for at least 18 full months before the
28.4January 1 increase; and
28.5(2) for each annuitant or benefit recipient who has been receiving an annuity or
28.6a benefit for at least six full months, an annual postretirement increase of 1/12 of two
28.7percent for each month that the person has been receiving an annuity or benefit must be
28.8applied, effective January 1, following the calendar year in which the person has been
28.9retired for at least six months, but has been retired for less than 18 months.
28.10(b) The increases provided by this subdivision commence on January 1, 2011.
28.11Increases under this subdivision for the general state employees retirement plan, the
28.12correctional state employees retirement plan, or the judges retirement plan terminate
28.13on December 31 of the calendar year in which the actuarial valuation prepared by the
28.14approved actuary under sections 356.214 and 356.215 and the standards for actuarial work
28.15promulgated by the Legislative Commission on Pensions and Retirement indicates that the
28.16market value of assets of the retirement plan equals or exceeds 90 percent of the actuarial
28.17accrued liability of the retirement plan and increases under subdivision 1 recommence
28.18after that date. Increases under this subdivision for the legislators retirement plan or the
28.19elected state officers retirement plan terminate on December 31 of the calendar year in
28.20which the actuarial valuation prepared by the approved actuary under sections 356.214 and
28.21356.215 and the standards for actuarial work promulgated by the Legislative Commission
28.22on Pensions and Retirement indicates that the market value of assets of the general state
28.23employees retirement plan equals or exceeds 90 percent of the actuarial accrued liability
28.24of the retirement plan and increases under subdivision 1 recommence after that date.
28.25(c) An increase in annuity or benefit payments under this subdivision must be made
28.26automatically unless written notice is filed by the annuitant or benefit recipient with the
28.27executive director of the applicable covered retirement plan requesting that the increase
28.28not be made.
28.29EFFECTIVE DATE.This section is effective July 1, 2013.

28.30    Sec. 31. Minnesota Statutes 2012, section 356.415, subdivision 2, is amended to read:
28.31    Subd. 2. Covered retirement plans. The provisions of this section apply to the
28.32following retirement plans:
28.33(1) the legislators retirement plan established under chapter 3A, including
28.34constitutional officers as specified in that chapter;
29.1(2) the correctional state employees retirement plan of the Minnesota State
29.2Retirement System established under chapter 352;
29.3(3) the general state employees retirement plan of the Minnesota State Retirement
29.4System established under chapter 352;
29.5(4) the State Patrol retirement plan established under chapter 352B;
29.6(5) the elective state officers retirement plan established under chapter 352C;
29.7(6) (5) the general employees retirement plan of the Public Employees Retirement
29.8Association established under chapter 353, including the MERF division of the Public
29.9Employees Retirement Association;
29.10(7) (6) the public employees police and fire retirement plan of the Public Employees
29.11Retirement Association established under chapter 353;
29.12(8) (7) the local government correctional employees retirement plan of the Public
29.13Employees Retirement Association established under chapter 353E;
29.14(9) (8) the teachers retirement plan established under chapter 354; and
29.15(10) (9) the judges retirement plan established under chapter 490.
29.16EFFECTIVE DATE.This section is effective July 1, 2013.

29.17    Sec. 32. APPLICATION AND INTENT.
29.18This article merges the remaining provisions of the elective state officers retirement
29.19plan into the legislators retirement plan chapter to achieve administrative savings,
29.20including reduced cost for actuarial calculations. Nothing in this article should be
29.21interpreted as modifying benefits or benefit eligibility compared to law in effect
29.22immediately before the effective date of this section.
29.23EFFECTIVE DATE.This section is effective July 1, 2013.

29.24    Sec. 33. REPEALER.
29.25(a) Minnesota Statutes 2012, sections 3A.02, subdivision 3; 352C.001; 352C.091,
29.26subdivision 1; and 352C.10, are repealed.
29.27(b) Minnesota Statutes 2012, section 352.955, subdivision 2, is repealed.
29.28EFFECTIVE DATE.Paragraph (a) is effective July 1, 2013. Paragraph (b) is
29.29effective the day following final enactment.

30.1ARTICLE 3
30.2PERA ADMINISTRATIVE PROVISIONS

30.3    Section 1. Minnesota Statutes 2012, section 353.01, subdivision 2b, is amended to read:
30.4    Subd. 2b. Excluded employees. (a) The following public employees are not eligible
30.5to participate as members of the association with retirement coverage by the general
30.6employees retirement plan, the local government correctional employees retirement plan
30.7under chapter 353E, or the public employees police and fire retirement plan:
30.8    (1) persons whose salary from one governmental subdivision never exceeds $425 in
30.9a month;
30.10(2) public officers who are elected to a governing body, city mayors, or persons who
30.11are appointed to fill a vacancy in an elective office of a governing body, whose term of office
30.12commences on or after July 1, 2002, for the service to be rendered in that elective position;
30.13    (3) election officers or election judges;
30.14    (4) patient and inmate personnel who perform services for a governmental
30.15subdivision;
30.16    (5) except as otherwise specified in subdivision 12a, employees who are hired for
30.17a temporary position as defined under subdivision 12a, and employees who resign from
30.18a nontemporary position and accept a temporary position within 30 days in the same
30.19governmental subdivision;
30.20    (6) employees who are employed by reason of work emergency caused by fire,
30.21flood, storm, or similar disaster;
30.22    (7) employees who by virtue of their employment in one governmental subdivision
30.23are required by law to be a member of and to contribute to any of the plans or funds
30.24administered by the Minnesota State Retirement System, the Teachers Retirement
30.25Association, the Duluth Teachers Retirement Fund Association, the St. Paul Teachers
30.26Retirement Fund Association, or any police or firefighters relief association governed by
30.27section 69.77 that has not consolidated with the Public Employees Retirement Association,
30.28or any local police or firefighters consolidation account who have not elected the type of
30.29benefit coverage provided by the public employees police and fire fund under sections
30.30353A.01 to 353A.10, or any persons covered by section 353.665, subdivision 4, 5, or 6,
30.31who have not elected public employees police and fire plan benefit coverage. This clause
30.32must not be construed to prevent a person from being a member of and contributing to
30.33the Public Employees Retirement Association and also belonging to and contributing to
30.34another public pension plan or fund for other service occurring during the same period
30.35of time. A person who meets the definition of "public employee" in subdivision 2 by
31.1virtue of other service occurring during the same period of time becomes a member of the
31.2association unless contributions are made to another public retirement fund on the salary
31.3based on the other service or to the Teachers Retirement Association by a teacher as
31.4defined in section 354.05, subdivision 2;
31.5    (8) persons who are members of a religious order and are excluded from coverage
31.6under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
31.7performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
31.8as amended through January 1, 1987, if no irrevocable election of coverage has been made
31.9under section 3121(r) of the Internal Revenue Code of 1954, as amended;
31.10    (9) employees of a governmental subdivision who have not reached the age of
31.1123 and are enrolled on a full-time basis to attend or are attending classes on a full-time
31.12basis at an accredited school, college, or university in an undergraduate, graduate, or
31.13professional-technical program, or a public or charter high school;
31.14    (10) resident physicians, medical interns, and pharmacist residents and pharmacist
31.15interns who are serving in a degree or residency program in public hospitals or clinics;
31.16    (11) students who are serving for up to five years in an internship or residency program
31.17sponsored by a governmental subdivision, including an accredited educational institution;
31.18    (12) persons who hold a part-time adult supplementary technical college license who
31.19render part-time teaching service in a technical college;
31.20    (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
31.21foreign citizens who are employed by a governmental subdivision under a work permit, or
31.22an H-1b visa initially issued or extended for a combined period less than three years of
31.23employment. Upon extension of the employment beyond the three-year period, the foreign
31.24citizens must be reported for membership beginning the first of the month thereafter
31.25provided the monthly earnings threshold as provided under subdivision 2a is met;
31.26    (14) public hospital employees who elected not to participate as members of the
31.27association before 1972 and who did not elect to participate from July 1, 1988, to October
31.281, 1988;
31.29    (15) except as provided in section 353.86, volunteer ambulance service personnel, as
31.30defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
31.31may still qualify as public employees under subdivision 2 and may be members of the
31.32Public Employees Retirement Association and participants in the general employees
31.33retirement plan or the public employees police and fire plan, whichever applies, on the
31.34basis of compensation received from public employment service other than service as
31.35volunteer ambulance service personnel;
32.1    (16) except as provided in section 353.87, volunteer firefighters, as defined in
32.2subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
32.3but a person who is a volunteer firefighter may still qualify as a public employee under
32.4subdivision 2 and may be a member of the Public Employees Retirement Association and
32.5a participant in the general employees retirement plan or the public employees police
32.6and fire plan, whichever applies, on the basis of compensation received from public
32.7employment activities other than those as a volunteer firefighter;
32.8    (17) pipefitters and associated trades personnel employed by Independent School
32.9District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
32.10pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
32.11if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
32.12241, article 2, section 12;
32.13    (18) electrical workers, plumbers, carpenters, and associated trades personnel who
32.14are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
32.15who have retirement coverage under a collective bargaining agreement by the Electrical
32.16Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
32.17or the pension plan applicable to Carpenters Local 87 who were either first employed after
32.18May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
32.19Laws 2000, chapter 461, article 7, section 5;
32.20    (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
32.21painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
32.22or Independent School District No. 625, St. Paul, with coverage under a collective
32.23bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
32.24the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
32.25pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
32.26Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
32.27first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
32.28Session chapter 10, article 10, section 6;
32.29    (20) plumbers who are employed by the Metropolitan Airports Commission, with
32.30coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
32.31who either were first employed after May 1, 2001, or if first employed before May 2,
32.322001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
32.3310, section 6;
32.34    (21) employees who are hired after June 30, 2002, to fill seasonal positions under
32.35subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
32.36days or less in each year of employment with the governmental subdivision;
33.1    (22) persons who are provided supported employment or work-study positions by a
33.2governmental subdivision and who participate in an employment or industries program
33.3maintained for the benefit of these persons where the governmental subdivision limits
33.4the position's duration up to three five years or less, including persons participating in a
33.5federal or state subsidized on-the-job training, work experience, senior citizen, youth, or
33.6unemployment relief program where the training or work experience is not provided as a
33.7part of, or for, future permanent public employment;
33.8    (23) independent contractors and the employees of independent contractors;
33.9    (24) reemployed annuitants of the association during the course of that
33.10reemployment; and
33.11(25) persons appointed to serve on a board or commission of a governmental
33.12subdivision or an instrumentality thereof.
33.13(b) Any person performing the duties of a public officer in a position defined in
33.14subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
33.15employee of an independent contractor.
33.16EFFECTIVE DATE.This section is effective the day following final enactment.

33.17    Sec. 2. Minnesota Statutes 2012, section 353.01, subdivision 16, is amended to read:
33.18    Subd. 16. Allowable service; limits and computation. (a) "Allowable service"
33.19means:
33.20    (1) service during years of actual membership in the course of which employee
33.21deductions were withheld from salary and contributions were made at the applicable rates
33.22under section 353.27, 353.65, or 353E.03;
33.23(2) periods of service covered by payments in lieu of salary deductions under
33.24sections 353.27, subdivision 12, and 353.35;
33.25    (3) service in years during which the public employee was not a member but for
33.26which the member later elected, while a member, to obtain credit by making payments to
33.27the fund as permitted by any law then in effect;
33.28    (4) a period of authorized leave of absence with pay from which deductions for
33.29employee contributions are made, deposited, and credited to the fund;
33.30    (5) a period of authorized personal, parental, or medical leave of absence without
33.31pay, including a leave of absence covered under the federal Family Medical Leave Act,
33.32that does not exceed one year, and for which a member obtained service credit for each
33.33month in the leave period by payment under section 353.0161 to the fund made in place of
33.34salary deductions. An employee must return to public service and render a minimum of
33.35three months of allowable service in order to be eligible to make payment under section
34.1353.0161 for a subsequent authorized leave of absence without pay. Upon payment, the
34.2employee must be granted allowable service credit for the purchased period;
34.3    (6) a periodic, repetitive leave that is offered to all employees of a governmental
34.4subdivision. The leave program may not exceed 208 hours per annual normal work cycle
34.5as certified to the association by the employer. A participating member obtains service
34.6credit by making employee contributions in an amount or amounts based on the member's
34.7average salary, excluding overtime pay, that would have been paid if the leave had not been
34.8taken. The employer shall pay the employer and additional employer contributions on
34.9behalf of the participating member. The employee and the employer are responsible to pay
34.10interest on their respective shares at the rate of 8.5 percent a year, compounded annually,
34.11from the end of the normal cycle until full payment is made. An employer shall also make
34.12the employer and additional employer contributions, plus 8.5 percent interest, compounded
34.13annually, on behalf of an employee who makes employee contributions but terminates
34.14public service. The employee contributions must be made within one year after the end of
34.15the annual normal working cycle or within 30 days after termination of public service,
34.16whichever is sooner. The executive director shall prescribe the manner and forms to be
34.17used by a governmental subdivision in administering a periodic, repetitive leave. Upon
34.18payment, the member must be granted allowable service credit for the purchased period;
34.19    (7) an authorized temporary or seasonal layoff under subdivision 12, limited to three
34.20months allowable service per authorized temporary or seasonal layoff in one calendar year.
34.21An employee who has received the maximum service credit allowed for an authorized
34.22temporary or seasonal layoff must return to public service and must obtain a minimum of
34.23three months of allowable service subsequent to the layoff in order to receive allowable
34.24service for a subsequent authorized temporary or seasonal layoff;
34.25    (8) a period during which a member is absent from employment by a governmental
34.26subdivision by reason of service in the uniformed services, as defined in United States
34.27Code, title 38, section 4303(13), if the member returns to public service with the same
34.28governmental subdivision upon discharge from service in the uniformed service within the
34.29time frames required under United States Code, title 38, section 4312(e), provided that
34.30the member did not separate from uniformed service with a dishonorable or bad conduct
34.31discharge or under other than honorable conditions. The service must be credited if the
34.32member pays into the fund equivalent employee contributions based upon the contribution
34.33rate or rates in effect at the time that the uniformed service was performed multiplied
34.34by the full and fractional years being purchased and applied to the annual salary rate.
34.35The annual salary rate is the average annual salary, excluding overtime pay, during the
34.36purchase period that the member would have received if the member had continued to
35.1be employed in covered employment rather than to provide uniformed service, or, if
35.2the determination of that rate is not reasonably certain, the annual salary rate is the
35.3member's average salary rate, excluding overtime pay, during the 12-month period of
35.4covered employment rendered immediately preceding the period of the uniformed service.
35.5Payment of the member equivalent contributions must be made during a period that begins
35.6with the date on which the individual returns to public employment and that is three times
35.7the length of the military leave period, or within five years of the date of discharge from
35.8the military service, whichever is less. If the determined payment period is less than
35.9one year, the contributions required under this clause to receive service credit may be
35.10made within one year of the discharge date. Payment may not be accepted following 30
35.11days after termination of public service under subdivision 11a. If the member equivalent
35.12contributions provided for in this clause are not paid in full, the member's allowable
35.13service credit must be prorated by multiplying the full and fractional number of years of
35.14uniformed service eligible for purchase by the ratio obtained by dividing the total member
35.15contributions received by the total member contributions otherwise required under this
35.16clause. The equivalent employer contribution, and, if applicable, the equivalent additional
35.17employer contribution must be paid by the governmental subdivision employing the
35.18member if the member makes the equivalent employee contributions. The employer
35.19payments must be made from funds available to the employing unit, using the employer
35.20and additional employer contribution rate or rates in effect at the time that the uniformed
35.21service was performed, applied to the same annual salary rate or rates used to compute the
35.22equivalent member contribution. The governmental subdivision involved may appropriate
35.23money for those payments. The amount of service credit obtainable under this section may
35.24not exceed five years unless a longer purchase period is required under United States Code,
35.25title 38, section 4312. The employing unit shall pay interest on all equivalent member and
35.26employer contribution amounts payable under this clause. Interest must be computed at a
35.27rate of 8.5 percent compounded annually from the end of each fiscal year of the leave or the
35.28break in service to the end of the month in which the payment is received. Upon payment,
35.29the employee must be granted allowable service credit for the purchased period; or
35.30(9) a period specified under section 353.0162.
35.31    (b) For calculating benefits under sections 353.30, 353.31, 353.32, and 353.33 for
35.32state officers and employees displaced by the Community Corrections Act, chapter 401,
35.33and transferred into county service under section 401.04, "allowable service" means the
35.34combined years of allowable service as defined in paragraph (a), clauses (1) to (6), and
35.35section 352.01, subdivision 11.
36.1    (c) For a public employee who has prior service covered by a local police or
36.2firefighters relief association that has consolidated with the Public Employees Retirement
36.3Association under chapter 353A or to which section 353.665 applies, and who has
36.4elected the type of benefit coverage provided by the public employees police and fire
36.5fund either under section 353A.08 following the consolidation or under section 353.665,
36.6subdivision 4
, "allowable service" is a period of service credited by the local police or
36.7firefighters relief association as of the effective date of the consolidation based on law
36.8and on bylaw provisions governing the relief association on the date of the initiation
36.9of the consolidation procedure.
36.10    (d) No member may receive more than 12 months of allowable service credit in a
36.11year either for vesting purposes or for benefit calculation purposes. For an active member
36.12who was an active member of the former Minneapolis Firefighters Relief Association
36.13on December 29, 2011, "allowable service" is the period of service credited by the
36.14Minneapolis Firefighters Relief Association as reflected in the transferred records of the
36.15association up to December 30, 2011, and the period of service credited under paragraph
36.16(a), clause (1), after December 30, 2011. For an active member who was an active member
36.17of the former Minneapolis Police Relief Association on December 29, 2011, "allowable
36.18service" is the period of service credited by the Minneapolis Police Relief Association as
36.19reflected in the transferred records of the association up to December 30, 2011, and the
36.20period of service credited under paragraph (a), clause (1), after December 30, 2011.
36.21    (e) MS 2002 [Expired]
36.22EFFECTIVE DATE.This section is effective the day following final enactment.

36.23    Sec. 3. Minnesota Statutes 2012, section 353.01, subdivision 17a, is amended to read:
36.24    Subd. 17a. Average salary. (a) "Average salary," for purposes of calculating a
36.25retirement annuity under section 353.29, subdivision 3 unless otherwise specified, means
36.26an amount equivalent to the average of the highest salary of the member, police officer,
36.27or firefighter, whichever applies, upon which employee contributions were paid for any
36.28five successive years of allowable service, based on dates of salary periods as listed on
36.29salary deduction reports. Average salary must be based upon all allowable service if
36.30this service is less than five years.
36.31(b) "Average salary" may not include any reduced salary paid during a period
36.32in which the employee is entitled to benefit payments from workers' compensation for
36.33temporary disability, unless the average salary is higher, including this period.
36.34(c) "Average salary," for purposes of calculating benefits for a surviving spouse or
36.35dependent children under section 353.657, subdivision 2 or 3, means the average of the
37.1full-time monthly base salary rate in effect during the last six months of allowable service.
37.2If the employment during the last six months of allowable service was part-time, the
37.3average salary must be prorated based on the actual number of hours worked.
37.4EFFECTIVE DATE.This section is effective the day following final enactment.

37.5    Sec. 4. Minnesota Statutes 2012, section 353.01, subdivision 29, is amended to read:
37.6    Subd. 29. Designated beneficiary. "Designated beneficiary" means the person or,
37.7 organization, trust, or estate designated by a member, former member, disabilitant, or
37.8retired member in writing, signed and filed with the association before the death of the
37.9member, former member, disabilitant, or retired member, or a person legally authorized
37.10to act on behalf of the member or former member to receive a refund of the balance of
37.11the member's or former member's accumulated deductions after death. A beneficiary
37.12designation is valid if it is made in the form prescribed by the executive director and
37.13is received by the association on or before the date of death of the member or former
37.14member. If a beneficiary designation is deemed to be invalid for any reason, any remaining
37.15balance of the member's or former member's accumulated deductions are subject to the
37.16provisions of section 353.32, subdivisions 4 and 5.
37.17EFFECTIVE DATE.This section is effective the day following final enactment.

37.18    Sec. 5. Minnesota Statutes 2012, section 353.27, subdivision 7, is amended to read:
37.19    Subd. 7. Adjustment for erroneous receipts or disbursements. (a) Except
37.20as provided in paragraph (b), erroneous employee deductions and erroneous employer
37.21contributions and additional employer contributions to the general employees retirement
37.22plan of the Public Employees Retirement Association or to the public employees police
37.23and fire retirement plan for a person who otherwise does not qualify for membership
37.24under this chapter, are considered:
37.25(1) valid if the initial erroneous deduction began before January 1, 1990. Upon
37.26determination of the error by the association, the person may continue membership in the
37.27association while employed in the same position for which erroneous deductions were
37.28taken, or file a written election to terminate membership and apply for a refund upon
37.29termination of public service or defer an annuity under section 353.34; or
37.30(2) invalid, if the initial erroneous employee deduction began on or after January 1,
37.311990. Upon determination of the error, the association shall refund all erroneous employee
37.32deductions and all erroneous employer contributions as specified in paragraph (e). No
38.1person may claim a right to continued or past membership in the association based on
38.2erroneous deductions which began on or after January 1, 1990.
38.3(b) Erroneous deductions taken from the salary of a person who did not qualify
38.4for membership in the general employees retirement plan of the Public Employees
38.5Retirement Association or in the public employees police and fire retirement plan by
38.6virtue of concurrent employment before July 1, 1978, which required contributions to
38.7another retirement fund or relief association established for the benefit of officers and
38.8employees of a governmental subdivision, are invalid. Upon discovery of the error,
38.9allowable service credit for all invalid service if forfeited and, upon termination of public
38.10service, the association shall refund all erroneous employee deductions to the person, with
38.11interest as determined under section 353.34, subdivision 2, and all erroneous employer
38.12contributions without interest to the employer. This paragraph has both retroactive and
38.13prospective application.
38.14(c) Adjustments to correct employer contributions and employee deductions taken
38.15in error from amounts which are not salary under section 353.01, subdivision 10, must
38.16be made as specified in paragraph (e). The period of adjustment must be limited to the
38.17fiscal year in which the error is discovered by the association and the immediate two
38.18preceding fiscal years.
38.19(d) If there is evidence of fraud or other misconduct on the part of the employee or
38.20the employer, the board of trustees may authorize adjustments to the account of a member
38.21or former member to correct erroneous employee deductions and employer contributions
38.22on invalid salary and the recovery of any overpayments for a period longer than provided
38.23for under paragraph (c).
38.24(e) Upon discovery of the receipt of erroneous employee deductions and employer
38.25contributions under paragraph (a), clause (2), or paragraph (c), the association must require
38.26the employer to discontinue the erroneous employee deductions and erroneous employer
38.27contributions reported on behalf of a member. Upon discontinuation, the association must:
38.28(1) for a member, provide a refund in the amount of the invalid employee deductions
38.29with interest on the invalid employee deductions at the rate specified under section 353.34,
38.30subdivision 2
, from the received date of each invalid salary transaction through the date
38.31the credit or refund is made;
38.32(2) for a former member who:
38.33(i) is not receiving a retirement annuity or benefit, return the erroneous employee
38.34deductions to the former member through a refund with interest at the rate specified under
38.35section 353.34, subdivision 2, from the received date of each invalid salary transaction
38.36through the date the credit or refund is made; or
39.1(ii) is receiving a retirement annuity or disability benefit, or a person who is
39.2receiving an optional annuity or survivor benefit, for whom it has been determined an
39.3overpayment must be recovered, adjust the payment amount and recover the overpayments
39.4as provided under this section; and
39.5(3) return the invalid employer contributions reported on behalf of a member or
39.6former member to the employer by providing a credit against future contributions payable
39.7by the employer.
39.8(f) In the event that a salary warrant or check from which a deduction for the
39.9retirement fund was taken has been canceled or the amount of the warrant or check
39.10returned to the funds of the department making the payment, a refund of the sum
39.11deducted, or any portion of it that is required to adjust the deductions, must be made
39.12to the department or institution.
39.13(g) If the accrual date of any association discovers that a retirement annuity, survivor
39.14benefit, or disability benefit is within the limitation period specified in paragraph (c), and
39.15an overpayment has resulted has been incorrectly calculated by using invalid service or
39.16salary, or due to any erroneous calculation procedure, the association must recalculate
39.17the annuity or benefit payable and recover any begin payment of the corrected annuity or
39.18benefit effective the first of the month following discovery of the error. Any overpayment
39.19resulting from the incorrect calculation must be recovered as provided under subdivision
39.207b, if the accrual date, or any adjustment in the amount of the annuity or benefit calculated
39.21after the accrual date, except adjustments required under section 353.656, subdivision 4,
39.22falls within the current fiscal year and the two immediate previous fiscal years.
39.23(h) Notwithstanding the provisions of this subdivision, the association may apply
39.24the Revenue Procedures defined in the federal Internal Revenue Service Employee Plans
39.25Compliance Resolution System and not issue a refund of erroneous employee deductions
39.26and employer contributions or not recover a small overpayment of benefits if the cost to
39.27correct the error would exceed the amount of the member refund or overpayment.
39.28(i) Any fees or penalties assessed by the federal Internal Revenue Service for any
39.29failure by an employer to follow the statutory requirements for reporting eligible members
39.30and salary must be paid by the employer.
39.31EFFECTIVE DATE.This section is effective the day following final enactment.

39.32    Sec. 6. Minnesota Statutes 2012, section 353.34, subdivision 1, is amended to read:
39.33    Subdivision 1. Refund or deferred annuity. (a) A former member is entitled to
39.34either a refund of accumulated employee deductions under subdivision 2, or to a deferred
39.35annuity under subdivision 3. Application for a refund may not be made before the date of
40.1termination of public service. Except as specified in paragraph (b), A refund must be paid
40.2within 120 days following receipt of the application unless the applicant has again become
40.3a public employee required to be covered by the association.
40.4(b) If an individual was placed on layoff under section 353.01, subdivision 12 or 12c,
40.5a refund is not payable before termination of service under section 353.01, subdivision 11a.
40.6(c) An individual who terminates public service covered by the Public Employees
40.7Retirement Association general employees retirement plan, the MERF division, the Public
40.8Employees Retirement Association police and fire retirement plan, or the public employees
40.9local government correctional service retirement plan, and who is employed by a different
40.10employer and who becomes an active member covered by one of the other two plans, may
40.11receive a refund of employee contributions plus annual compound interest from the plan
40.12from which the member terminated service at the applicable rate specified in subdivision 2.
40.13EFFECTIVE DATE.This section is effective the day following final enactment.

40.14    Sec. 7. Minnesota Statutes 2012, section 353.34, subdivision 2, is amended to read:
40.15    Subd. 2. Refund with interest. (a) Except as provided in subdivision 1, any person
40.16who ceases to be a public employee is entitled to receive a refund in an amount equal to
40.17accumulated deductions with annual compound interest to the first day of the month
40.18in which the refund is processed.
40.19(b) For a person who ceases to be a public employee before July 1, 2011, the refund
40.20interest is at the rate of six percent to June 30, 2011, and at the rate of four percent after
40.21June 30, 2011. For a person who ceases to be a public employee after July 1, 2011, the
40.22refund interest is at the rate of four percent.
40.23(c) If a person repays a refund and subsequently applies for another refund, the
40.24repayment amount, including interest, is added to the fiscal year balance in which the
40.25repayment was made.
40.26(d) If the refund payable to a member is based on employee deductions that are
40.27determined to be invalid under section 353.27, subdivision 7, the interest payable on the
40.28invalid employee deductions is four percent.
40.29EFFECTIVE DATE.This section is effective the day following final enactment.

40.30    Sec. 8. Minnesota Statutes 2012, section 353.50, subdivision 3, is amended to read:
40.31    Subd. 3. Service credit and benefit liability transfer. (a) All allowable service
40.32credit and salary credit of the members of the Minneapolis Employees Retirement Fund
40.33as specified in the records of the Minneapolis Employees Retirement Fund through June
41.130, 2010, are transferred to the MERF division of the Public Employees Retirement
41.2Association and are credited by the MERF division. Annuities or benefits of persons
41.3who are active members of the former Minneapolis Employees Retirement Fund on
41.4June 30, 2010, must be calculated under Minnesota Statutes 2008, sections 422A.11;
41.5422A.12; 422A.13; 422A.14; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16;
41.6422A.17; 422A.18; 422A.19; 422A.20; and 422A.23, but are only eligible for automatic
41.7postretirement adjustments after December 31, 2010, under section 356.415.
41.8(b) The liability for the payment of annuities and benefits of the Minneapolis
41.9Employees Retirement Fund retirees and benefit recipients as specified in the records of
41.10the Minneapolis Employees Retirement Fund on June 29, 2010, is transferred to the
41.11MERF division of the Public Employees Retirement Association on June 30, 2010.
41.12EFFECTIVE DATE.This section is effective the day following final enactment.

41.13    Sec. 9. Minnesota Statutes 2012, section 353.50, subdivision 6, is amended to read:
41.14    Subd. 6. Benefits. (a) Retired, disabled, deferred, and inactive member benefits.
41.15The annuities and benefits of, or attributable to, retired, disabled, deferred, or inactive
41.16Minneapolis Employees Retirement Fund members with that status as of June 30, 2010,
41.17with the exception of post-December 31, 2010, postretirement adjustments, which
41.18are governed by paragraph (b), as calculated under Minnesota Statutes 2008, sections
41.19422A.11 ; 422A.12; 422A.13; 422A.14; 422A.15; 422A.151; 422A.155; 422A.156;
41.20422A.16 ; 422A.17; 422A.18; 422A.19; 422A.20; and 422A.23, continue in force after the
41.21administrative consolidation under Laws 2010, chapter 359, article 11.
41.22(b) Benefits; benefit eligibility for June 30, 2010, active members. Persons who
41.23were active members of the former Minneapolis Employees Retirement Fund on June
41.2430, 2010, upon satisfying eligibility requirements stated in the applicable sections of
41.25Minnesota Statutes 2008 specified in paragraph (a), are entitled to annuities or benefits
41.26specified in those sections. Eligibility for a formula retirement annuity includes the
41.27requirement in Minnesota Statutes 2008, sections 422A.13 and 422A.16, that the
41.28terminating member has attained retirement age, which is age 60 if the person has at least
41.29ten years of service credit, or any age if the person has 30 or more years of service credit.
41.30(b) (c) Postretirement adjustments. After December 31, 2010, annuities and
41.31benefits from the MERF division are eligible for annual automatic postretirement
41.32adjustments solely under section 356.415.
41.33EFFECTIVE DATE.This section is effective the day following final enactment.

42.1    Sec. 10. Minnesota Statutes 2012, section 353.657, subdivision 2, is amended to read:
42.2    Subd. 2. Benefit amount. (a) The spouse of a deceased member is entitled to
42.3receive a monthly benefit for life equal to the following percentage of the member's
42.4average full-time monthly salary rate, as defined in section 353.01, subdivision 17a,
42.5paragraph (c), as a member of the police and fire plan in effect over the last six months of
42.6allowable service preceding the month in which death occurred:
42.7    (1) if the death was a line of duty death, 60 percent of the stated average salary
42.8is payable; and
42.9    (2) if the death was not a line of duty death or if death occurred while receiving
42.10disability benefits that accrued before July 1, 2007, 50 percent of the stated average salary
42.11is payable.
42.12    (b) If the member was a part-time employee in the position for which the employee
42.13qualified for participation in the police and fire plan, the monthly survivor benefit is based
42.14on the salary rate in effect for that member's part-time service during the last six months
42.15of allowable service. If the member's status changed from full time to part time for due
42.16to health reasons during the last year 12 months of employment, notwithstanding the
42.17definition of average salary in section 353.01, subdivision 17a, paragraph (c), the average
42.18salary used to compute the monthly survivor benefit is must be based on the full-time
42.19salary rate of the position held as a member of the police and fire plan in effect over the
42.20last six months of allowable service preceding the month in which the death occurred.
42.21EFFECTIVE DATE.This section is effective the day following final enactment.

42.22    Sec. 11. Minnesota Statutes 2012, section 353.657, subdivision 2a, is amended to read:
42.23    Subd. 2a. Death while eligible survivor benefit. (a) If a member or former member
42.24who has attained the age of at least 50 years and either who is vested under section
42.25353.01, subdivision 47 , or who has credit for at least 30 years of allowable service,
42.26regardless of age attained, dies before the annuity or disability benefit becomes payable,
42.27notwithstanding any designation of beneficiary to the contrary, the surviving spouse may
42.28elect to receive a death while eligible survivor benefit.
42.29    (b) Notwithstanding the definition of surviving spouse in section 353.01, subdivision
42.3020
, a former spouse of the member, if any, is entitled to a portion of the death while
42.31eligible survivor benefit if stipulated under the terms of a marriage dissolution decree
42.32filed with the association. If there is no surviving spouse or child or children, a former
42.33spouse may be entitled to a lump-sum refund payment under section 353.32, subdivision
42.341
, if provided for in a marriage dissolution decree but not a death while eligible survivor
42.35benefit despite the terms of a marriage dissolution decree filed with the association.
43.1    (c) The benefit may be elected instead of a refund with interest under section 353.32,
43.2subdivision 1
, or surviving spouse benefits otherwise payable under subdivisions 1 and
43.32. The benefit must be an annuity equal to the 100 percent joint and survivor annuity
43.4which the member could have qualified for on the date of death, computed as provided in
43.5sections 353.651, subdivisions 2 and subdivision 3, and 353.30, subdivision 3.
43.6    (d) The surviving spouse may apply for the annuity at any time after the date
43.7on which the deceased employee would have attained the required age for retirement
43.8based on the employee's allowable service. Sections 353.34, subdivision 3, and 353.71,
43.9subdivision 2
, apply to a deferred annuity payable under this subdivision.
43.10    (e) No payment accrues beyond the end of the month in which entitlement to
43.11such annuity has terminated. An amount equal to the excess, if any, of the accumulated
43.12contributions which were credited to the account of the deceased employee over and
43.13above the total of the annuities paid and payable to the surviving spouse must be paid to
43.14the deceased member's last designated beneficiary or, if none, to the legal representative of
43.15the estate of such deceased member.
43.16    (f) Any member may request in writing, with the signed consent of the spouse, that
43.17this subdivision not apply and that payment be made only to the designated beneficiary, as
43.18otherwise provided by this chapter.
43.19    (g) For a member who is employed as a full-time firefighter by the Department of
43.20Military Affairs of the state of Minnesota, allowable service as a full-time state Military
43.21Affairs Department firefighter credited by the Minnesota State Retirement System may be
43.22used in meeting the minimum allowable service requirement of this subdivision.
43.23EFFECTIVE DATE.This section is effective the day following final enactment.

43.24    Sec. 12. Minnesota Statutes 2012, section 353.657, subdivision 3, is amended to read:
43.25    Subd. 3. Dependent children. (a) A dependent child, as defined in section 353.01,
43.26subdivision 15
, is entitled to receive a monthly benefit equal to ten percent of the member's
43.27average full-time monthly salary rate, as defined in section 353.01, subdivision 17a,
43.28paragraph (c), as a member of the police and fire plan in effect over the last six months of
43.29allowable service preceding the month in which death occurred.
43.30(b) If the member's status changed from full-time to part-time due to health reasons
43.31during the last 12 months of employment, notwithstanding the definition of average salary
43.32in section 353.01, subdivision 17a, paragraph (c), the average salary used to compute the
43.33monthly dependent child benefit must be based on the full-time salary rate of the position
43.34held as a member of the police and fire plan in effect over the last six months of allowable
43.35service preceding the month in which the death occurred.
44.1    (c) Payments for the benefit of a dependent child must be made to the surviving
44.2parent, or to the legal guardian of the child or to any adult person with whom the child
44.3may at the time be living, provided only that the parent or other person to whom any
44.4amount is to be paid advises the board in writing that the amount will be held or used in
44.5trust for the benefit of the child.
44.6EFFECTIVE DATE.This section is effective the day following final enactment.

44.7    Sec. 13. Minnesota Statutes 2012, section 353F.02, subdivision 3, is amended to read:
44.8    Subd. 3. Effective date of privatization. "Effective date of privatization" means
44.9the date that the operation of the a medical facility or other public employing unit is
44.10assumed by another employer or the date that the a medical facility or other public
44.11employing unit is purchased by another employer and active membership in the Public
44.12Employees Retirement Association consequently terminates.
44.13EFFECTIVE DATE.This section is effective the day following final enactment.

44.14    Sec. 14. Minnesota Statutes 2012, section 353F.02, subdivision 4, is amended to read:
44.15    Subd. 4. Medical facility. "Medical facility" means:
44.16    (1) Bridges Medical Services;
44.17(2) Cedarview Care Center in Steele County;
44.18    (3) the City of Cannon Falls Hospital;
44.19    (4) the Chris Jenson Health and Rehabilitation Center in St. Louis County;
44.20(5) Cornerstone Nursing and Rehabilitation Center in Clearwater County Memorial
44.21Hospital doing business as Clearwater Health Services in Bagley;
44.22    (6) the Dassel Lakeside Community Home;
44.23(7) the Douglas County Hospital, with respect to the Mental Health Unit;
44.24    (8) the Fair Oaks Lodge, Wadena;
44.25    (9) the Glencoe Area Health Center;
44.26    (10) Hutchinson Area Health Care;
44.27(11) Lake County Sunrise Home;
44.28    (11) (12) the Lakefield Nursing Home;
44.29    (12) (13) the Lakeview Nursing Home in Gaylord;
44.30    (13) (14) the Luverne Public Hospital;
44.31    (14) (15) the Oakland Park Nursing Home;
44.32    (15) (16) the RenVilla Nursing Home;
45.1    (16) (17) the Rice Memorial Hospital in Willmar, with respect to the Department
45.2of Radiology and the Department of Radiation/Oncology;
45.3(17) (18) the St. Peter Community Health Care Center;
45.4(18) (19) the Traverse Care Center in Traverse County;
45.5    (19) (20) the Waconia-Ridgeview Medical Center;
45.6(20) (21) the Weiner Memorial Medical Center, Inc.;
45.7(21) (22) the Wheaton Community Hospital; and
45.8(22) (23) the Worthington Regional Hospital.
45.9EFFECTIVE DATE.This section is effective the day following final enactment.

45.10    Sec. 15. Minnesota Statutes 2012, section 353F.02, is amended by adding a subdivision
45.11to read:
45.12    Subd. 4a. Privatized former public employer. "Privatized former public employer"
45.13means a medical facility or other employing unit formerly included in the definition of
45.14governmental subdivision under section 353.01, subdivision 6, that is privatized and
45.15whose employees are certified for participation under this chapter.
45.16EFFECTIVE DATE.This section is effective the day following final enactment.

45.17    Sec. 16. Minnesota Statutes 2012, section 353F.02, subdivision 6, is amended to read:
45.18    Subd. 6. Terminated medical facility or other Privatized former public
45.19employing unit employee. "Terminated medical facility or other (a) "Privatized former
45.20public employing unit employee" means a person who:
45.21(1) was employed by the privatized former public employer on the day before the
45.22effective date by the medical facility or other public employing unit of privatization; or
45.23(2) terminated employment with the medical facility or other privatized former
45.24public employing unit employer on the day before the effective date; and
45.25(3) was a participant in the general employees retirement plan of the Public
45.26Employees Retirement Association at the time of termination of employment with the
45.27medical facility or other privatized former public employing unit employer.
45.28(b) Privatized former public employee does not mean a person who, on the day
45.29before the effective date of privatization, was simultaneously employed with the privatized
45.30former public employer and by a governmental subdivision under section 353.01,
45.31subdivision 6, and who, after the effective date of privatization, continues to accrue
45.32service credit under section 353.01, subdivision 16, through simultaneous employment
45.33with a governmental subdivision.
46.1EFFECTIVE DATE.This section is effective the day following final enactment.

46.2    Sec. 17. Minnesota Statutes 2012, section 353F.025, subdivision 1, is amended to read:
46.3    Subdivision 1. Eligibility determination. (a) The chief clerical officer of a
46.4governmental subdivision may submit a resolution from the governing body to the
46.5executive director of the Public Employees Retirement Association which supports
46.6providing coverage under this chapter for employees of that governmental subdivision
46.7who are privatized, and which states that the governing body will pay for actuarial
46.8calculations, as further specified in paragraph (c).
46.9    (b) The governing body must also provide a copy of any applicable purchase or
46.10lease agreement and any other information requested by the executive director to allow the
46.11executive director to verify that under the proposed employer change, the new employer
46.12does not qualify as a governmental subdivision under section 353.01, subdivision 6,
46.13making the employees ineligible for continued coverage as active members of the general
46.14employees retirement plan of the Public Employees Retirement Association.
46.15    (c) Following receipt of a resolution and a determination by the executive director
46.16that the new employer is not a governmental subdivision, the executive director shall
46.17direct the consulting actuary retained under section 356.214 to determine whether the
46.18general employees retirement plan of the Public Employees Retirement Association, if
46.19coverage under this chapter is provided, is expected to receive a net gain or a net loss if
46.20privatization occurs. A net gain is expected if the actuarial liability of the special benefit
46.21coverage provided under this chapter, if extended to the applicable employees under the
46.22privatization, is less than the actuarial gain otherwise to accrue to the plan. A net loss is
46.23expected if the actuarial accrued liability of the special benefit coverage provided under
46.24this chapter, if extended to the applicable employees under the privatization, is more than
46.25the actuarial gain otherwise to accrue to the plan. The date of the actuarial calculations
46.26used to make this determination must be within one year of the effective date, as defined
46.27in section 353F.02, subdivision 3 of privatization.
46.28EFFECTIVE DATE.This section is effective the day following final enactment.

46.29    Sec. 18. Minnesota Statutes 2012, section 353F.025, subdivision 2, is amended to read:
46.30    Subd. 2. Recommendation to legislature Reporting privatizations. (a) If the
46.31actuarial calculations under subdivision 1, paragraph (c), indicate that privatization can
46.32be approved because a net gain to the general employees retirement plan of the Public
46.33Employees Retirement Association is expected due to the privatization, or if paragraph (c)
46.34 (b) applies, the executive director shall, following acceptance of the actuarial calculations
47.1by the board of trustees, forward a recommendation notice and supporting documentation,
47.2including a copy of the actuary's report and findings, to the chair of the Legislative
47.3Commission on Pensions and Retirement, the chair of the Governmental Operations,
47.4Reform, Technology and Elections Committee of the house of representatives, the chair
47.5of the State and Local Government Operations and Oversight Committee of the senate,
47.6 and the executive director of the Legislative Commission on Pensions and Retirement
47.7 and the chairs and the ranking minority members of the committees with jurisdiction over
47.8governmental operations in the house of representatives and senate. The recommendation
47.9must be in the form of an addition to the definition of "medical facility" under section
47.10353F.02, subdivision 4, or to "other public employing unit" under section 353F.02,
47.11subdivision 5
, whichever is applicable. The recommendation must be forwarded to the
47.12legislature before January 15 for the recommendation to be considered in that year's
47.13legislative session. The recommendation may be included as part of public pension
47.14administrative legislation under section 356B.05.
47.15    (b) If a medical facility or other public employing unit listed under section 353F.02,
47.16subdivision 4 or 5, fails to privatize within one year of the final enactment date of the
47.17legislation adding the entity to the applicable definition, its inclusion under this chapter is
47.18voided, and the executive director shall include in the subsequent proposed legislation under
47.19paragraph (a) a recommendation that the applicable entity be stricken from the definition.
47.20(c) (b) If the calculations under subdivision 1, paragraph (c), indicate a net loss, the
47.21executive director shall forward a recommendation recommend to the board of trustees
47.22that the privatization be included as an addition under paragraph (a) approved if the chief
47.23clerical officer of the applicable governmental subdivision submits a resolution from
47.24the governing body specifying that a lump sum payment will be made to the executive
47.25director Public Employees Retirement Association equal to the net loss, plus interest.
47.26The interest must be computed using the applicable ultimate preretirement interest rate
47.27assumption under section 356.215, subdivision 8, expressed as a monthly rate, from the
47.28date of the actuarial valuation from which the actuarial accrued liability data was used to
47.29determine the net loss in the actuarial study under subdivision 1, to the date of payment,
47.30with annual compounding. Payment must be made on or after the effective date defined
47.31under section 353F.02 of privatization.
47.32(c) The Public Employees Retirement Association must maintain a list that includes
47.33the names of all privatized former public employers in the association's comprehensive
47.34annual financial report and on the association's Web site. Annually by March 1, the
47.35association must submit to the executive director of the Legislative Commission on
48.1Pensions and Retirement the names of any privatized former public employers approved
48.2since the publication of the previous fiscal year's comprehensive annual financial report.
48.3EFFECTIVE DATE.This section is effective the day following final enactment.

48.4    Sec. 19. Minnesota Statutes 2012, section 353F.03, is amended to read:
48.5353F.03 VESTING RULE FOR CERTAIN EMPLOYEES.
48.6Notwithstanding any provision of chapter 353 to the contrary, a terminated medical
48.7facility or other privatized former public employing unit employee is eligible to receive a
48.8retirement annuity under section 353.29 of the edition of Minnesota Statutes published
48.9in the year before the year in which the privatization occurred, without regard to the
48.10requirement specified in section 353.01, subdivision 47.
48.11EFFECTIVE DATE.This section is effective the day following final enactment.

48.12    Sec. 20. Minnesota Statutes 2012, section 353F.04, is amended to read:
48.13353F.04 AUGMENTATION INTEREST RATES FOR TERMINATED
48.14MEDICAL OR OTHER PRIVATIZED FORMER PUBLIC EMPLOYING UNIT
48.15FACILITY EMPLOYEES.
48.16    Subdivision 1. Enhanced augmentation rates. (a) The deferred annuity of a
48.17terminated medical facility or other privatized former public employing unit employee is
48.18subject to augmentation under section 353.71, subdivision 2, of the edition of Minnesota
48.19Statutes published in the year in which the privatization occurred, except that the rate of
48.20augmentation is as specified in this subdivision.
48.21    (b) This paragraph applies if the legislation adding the medical facility or other
48.22employing unit to section 353F.02, subdivision 4 or 5, as applicable, effective date of
48.23privatization was enacted before July 26, 2005, and became effective before January 1,
48.242008, for the Hutchinson Area Health Care on or before January 1, 2007, for all other
48.25medical facilities and all other employing units and also applies to Hutchinson Area Health
48.26Care with a privatization effective date of January 1, 2008. For a terminated medical
48.27facility or other privatized former public employing unit employee, the augmentation
48.28rate is 5.5 percent compounded annually until January 1 following the year in which the
48.29person attains age 55. From that date to the effective date of retirement, the augmentation
48.30rate is 7.5 percent compounded annually.
48.31    (c) If paragraph (b) is not applicable, and if the effective date of the privatization is
48.32before January 1, 2011, the augmentation rate is four percent compounded annually until
49.1January 1, following the year in which the person attains age 55. From that date to the
49.2effective date of retirement, the augmentation rate is six percent compounded annually.
49.3(d) If the effective date of the privatization is after December 31, 2010, the applicable
49.4augmentation rate depends on the result of computations specified in section 353F.025,
49.5subdivision 1
. If those computations indicate no loss or a net gain to the fund of the
49.6general employees retirement plan of the Public Employees Retirement Association, the
49.7augmentation rate is 2.0 percent compounded annually until the effective date of retirement.
49.8If the computations under that subdivision indicate a net loss to the fund if a 2.0 percent
49.9augmentation rate is used, but a net gain or no loss if a 1.0 percent rate is used, then the
49.10augmentation rate is 1.0 percent compounded annually until the effective date of retirement.
49.11(e) The term "effective date of the privatization" as used in this subdivision means
49.12the "effective date" as defined in section 353F.02, subdivision 3.
49.13    Subd. 2. Exceptions. The increased augmentation rates specified in subdivision
49.141 do not apply if the terminated medical facility or other to a privatized former public
49.15employing unit employee:
49.16(1) beginning the first of the month in which the privatized former public employee
49.17becomes covered again by a retirement plan enumerated in section 356.30, subdivision 3, if
49.18the employee continues to be covered and accrues at least six months of credited service; or
49.19(2) beginning the first of the month after a privatized former public employee
49.20terminates service with the successor entity; or
49.21(2) (3) if the person begins receipt of a retirement annuity while employed by
49.22the employer which assumed operations of or purchased the medical facility or other
49.23 privatized former public employing unit or purchased the medical facility or other public
49.24employing unit employer.
49.25EFFECTIVE DATE.This section is effective the day following final enactment.

49.26    Sec. 21. Minnesota Statutes 2012, section 353F.05, is amended to read:
49.27353F.05 AUTHORIZATION FOR ADDITIONAL ALLOWABLE SERVICE
49.28FOR EARLY RETIREMENT PURPOSES.
49.29(a) For the purpose of determining eligibility for early retirement benefits provided
49.30under section 353.30, subdivision 1a, of the edition of Minnesota Statutes published in
49.31the year before the year in which the privatization occurred, and notwithstanding any
49.32provision of chapter 353, to the contrary, the years of allowable service for a terminated
49.33medical facility or other privatized former public employing unit employee who transfers
49.34employment on the effective date of privatization and does not apply for a refund of
50.1contributions under section 353.34, subdivision 1, of the edition of Minnesota Statutes
50.2published in the year before the year in which the privatization occurred, or any similar
50.3provision, includes service with the successor employer to the medical facility or other
50.4 privatized former public employing unit employer following the effective date. The
50.5successor employer shall provide any reports that the executive director of the Public
50.6Employees Retirement Association may reasonably request to permit calculation of
50.7benefits.
50.8(b) To be eligible for early retirement benefits under this section, the individual must
50.9separate from service with the successor to the privatized former public employer to the
50.10medical facility. The terminated eligible individual privatized former public employee, or
50.11an individual authorized to act on behalf of that individual employee, may apply for an
50.12annuity following application procedures under section 353.29, subdivision 4.
50.13EFFECTIVE DATE.This section is effective the day following final enactment.

50.14    Sec. 22. Minnesota Statutes 2012, section 353F.051, subdivision 1, is amended to read:
50.15    Subdivision 1. Eligibility. A terminated medical facility or other privatized former
50.16public employing unit employee who is totally and permanently disabled under Minnesota
50.17Statutes 1998, section 353.01, subdivision 19, and who had a medically documented
50.18preexisting condition of the disability before the termination of coverage, may apply for
50.19a disability benefit.
50.20EFFECTIVE DATE.This section is effective the day following final enactment.

50.21    Sec. 23. Minnesota Statutes 2012, section 353F.052, is amended to read:
50.22353F.052 APPLICATION OF SURVIVING SPOUSE, DEPENDENT CHILD
50.23PROVISION.
50.24Notwithstanding any provisions of law to the contrary, subdivisions within section
50.25353.32 of the edition of Minnesota Statutes published in the year before the year in which
50.26a privatization occurred, applicable to the surviving spouse or dependent children of a
50.27former member as defined in section 353.01, subdivision 7a, apply to the survivors of a
50.28terminated medical facility or other privatized former public employing unit employee.
50.29EFFECTIVE DATE.This section is effective the day following final enactment.

50.30    Sec. 24. [353F.057] TERMINATION FROM SERVICE REQUIREMENT.
51.1Upon termination of service from the privatized former public employer or any
51.2successor entity after the effective date of privatization, a privatized former public
51.3employee must separate from any employment relationship with the privatized former
51.4public employer or any successor entity for at least 30 days to qualify to receive a
51.5retirement annuity under this chapter.
51.6EFFECTIVE DATE.This section is effective the day following final enactment.

51.7    Sec. 25. Minnesota Statutes 2012, section 353F.06, is amended to read:
51.8353F.06 APPLICATION OF REEMPLOYED ANNUITANT EARNINGS
51.9LIMITATIONS.
51.10If a privatized former public employee satisfies the separation from service
51.11requirement in section 353F.057 and thereafter resumes employment with the privatized
51.12former public employer or any successor entity or a governmental subdivision under
51.13section 353.01, subdivision 6, the reemployed annuitant earnings limitations of section
51.14353.37 apply to any service by a terminated medical facility or other public employing
51.15unit employee as an employee of the successor employer to the medical facility.
51.16EFFECTIVE DATE.This section is effective the day following final enactment.

51.17    Sec. 26. Minnesota Statutes 2012, section 353F.07, is amended to read:
51.18353F.07 EFFECT ON REFUND.
51.19Notwithstanding any provision of chapter 353 to the contrary, terminated medical
51.20facility or other privatized former public employing unit employees may receive a refund
51.21of employee accumulated contributions plus interest as provided in section 353.34,
51.22subdivision 2
, at any time after the transfer of employment to the successor employer of
51.23the terminated medical facility or other privatized former public employing unit employer.
51.24If a terminated medical facility or other privatized former public employing unit employee
51.25has received a refund from a pension plan listed in section 356.30, subdivision 3, the
51.26person may not repay that refund unless the person again becomes a member of one of
51.27those listed plans and complies with section 356.30, subdivision 2.
51.28EFFECTIVE DATE.This section is effective the day following final enactment.

51.29    Sec. 27. Minnesota Statutes 2012, section 353F.08, is amended to read:
51.30353F.08 COUNSELING SERVICES.
52.1The medical facility or other privatized former public employing unit employer and
52.2the executive director of the Public Employees Retirement Association shall provide
52.3terminated medical facility or other privatized former public employing unit employees
52.4with counseling on their benefits available under the general employees retirement plan
52.5of the Public Employees Retirement Association during the 90 days following a period
52.6mutually agreed upon before or after the effective date of privatization.
52.7EFFECTIVE DATE.This section is effective the day following final enactment.

52.8    Sec. 28. Minnesota Statutes 2012, section 356.415, subdivision 1, is amended to read:
52.9    Subdivision 1. Annual postretirement adjustments; generally. (a) Except as
52.10otherwise provided in subdivision 1a, 1b, 1c, 1d, or 1e, retirement annuity, disability
52.11benefit, or survivor benefit recipients of a covered retirement plan are entitled to a
52.12postretirement adjustment annually on January 1, as follows:
52.13(1) a postretirement increase of 2.5 percent must be applied each year, effective
52.14January 1, to the monthly annuity or benefit of each annuitant or benefit recipient who has
52.15been receiving an annuity or a benefit for at least 12 full months prior to the January 1
52.16increase; and
52.17(2) for each annuitant or benefit recipient who has been receiving an annuity or a
52.18benefit amount for at least one full month, an annual postretirement increase of 1/12 of 2.5
52.19percent for each month that the person has been receiving an annuity or benefit must be
52.20applied, effective on January 1 following the calendar year in which the person has been
52.21retired for less than 12 months.
52.22(b) The increases provided by this subdivision commence on January 1, 2010.
52.23(c) An increase in annuity or benefit payments under this section must be made
52.24automatically unless written notice is filed by the annuitant or benefit recipient with the
52.25executive director of the covered retirement plan requesting that the increase not be made.
52.26(d) The retirement annuity payable to a person who retires before becoming eligible
52.27for Social Security benefits and who has elected the optional payment as provided in
52.28section 353.29, subdivision 6, must be treated as the sum of a period certain retirement
52.29annuity and a life retirement annuity for the purposes of any postretirement adjustment.
52.30The period certain retirement annuity plus the life retirement annuity must be the
52.31annuity amount payable until age 62 for section 353.29, subdivision 6. A postretirement
52.32adjustment granted on the period certain retirement annuity must terminate when the
52.33period certain retirement annuity terminates.
52.34EFFECTIVE DATE.This section is effective January 1, 2014.

53.1    Sec. 29. Minnesota Statutes 2012, section 356.415, subdivision 1b, is amended to read:
53.2    Subd. 1b. Annual postretirement adjustments; PERA; general employees
53.3retirement plan and local government correctional retirement plan. (a) Retirement
53.4annuity, disability benefit, or survivor benefit recipients of the general employees
53.5retirement plan of the Public Employees Retirement Association and the local government
53.6correctional service retirement plan are entitled to a postretirement adjustment annually
53.7on January 1, as follows:
53.8(1) for January 1, 2011, and each successive January 1 until funding stability is
53.9restored for the applicable retirement plan, a postretirement increase of one percent must
53.10be applied each year, effective on January 1, to the monthly annuity or benefit amount of
53.11each annuitant or benefit recipient who has been receiving an annuity or benefit for at least
53.1212 full months as of the current June 30;
53.13(2) for January 1, 2011, and each successive January 1 until funding stability is
53.14restored for the applicable retirement plan, for each annuitant or benefit recipient who has
53.15been receiving an annuity or a benefit for at least one full month, but less than 12 full
53.16months as of the current June 30, an annual postretirement increase of 1/12 of one percent
53.17for each month the person has been receiving an annuity or benefit must be applied;
53.18(3) for each January 1 following the restoration of funding stability for the applicable
53.19retirement plan, a postretirement increase of 2.5 percent must be applied each year,
53.20effective January 1, to the monthly annuity or benefit amount of each annuitant or benefit
53.21recipient who has been receiving an annuity or benefit for at least 12 full months as of
53.22the current June 30; and
53.23(4) for each January 1 following restoration of funding stability for the applicable
53.24retirement plan, for each annuity or benefit recipient who has been receiving an annuity or
53.25a benefit for at least one full month, but less than 12 full months as of the current June
53.2630, an annual postretirement increase of 1/12 of 2.5 percent for each month the person
53.27has been receiving an annuity or benefit must be applied.
53.28(b) Funding stability is restored when the market value of assets of the applicable
53.29retirement plan equals or exceeds 90 percent of the actuarial accrued liabilities of the
53.30applicable plan in the most recent prior actuarial valuation prepared under section 356.215
53.31and the standards for actuarial work by the approved actuary retained by the Public
53.32Employees Retirement Association under section 356.214.
53.33(c) If, after applying the increase as provided for in paragraph (a), clauses (3)
53.34and (4), the market value of the applicable retirement plan is determined in the next
53.35subsequent actuarial valuation prepared under section 356.215 to be less than 90 percent
53.36of the actuarial accrued liability of any of the applicable Public Employees Retirement
54.1Association plans, the increase provided in paragraph (a), clauses (1) and (2), are to be
54.2applied as of the next successive January until funding stability is again restored.
54.3(d) An increase in annuity or benefit payments under this section must be made
54.4automatically unless written notice is filed by the annuitant or benefit recipient with the
54.5executive director of the Public Employees Retirement Association requesting that the
54.6increase not be made.
54.7(e) The retirement annuity payable to a person who retires before becoming eligible
54.8for Social Security benefits and who has elected the optional payment, as provided in
54.9section 353.29, subdivision 6, must be treated as the sum of a period-certain retirement
54.10annuity and a life retirement annuity for the purposes of any postretirement adjustment.
54.11The period-certain retirement annuity plus the life retirement annuity must be the
54.12annuity amount payable until age 62 for section 353.29, subdivision 6. A postretirement
54.13adjustment granted on the period-certain retirement annuity must terminate when the
54.14period-certain retirement annuity terminates.
54.15EFFECTIVE DATE.This section is effective January 1, 2014.

54.16    Sec. 30. Minnesota Statutes 2012, section 356.635, subdivision 1, is amended to read:
54.17    Subdivision 1. Retirement benefit commencement. (a) The retirement benefit of a
54.18member who has terminated employment must begin no later than the later of April 1 of
54.19the calendar year following the calendar year that the member attains the federal minimum
54.20distribution age under section 401(a)(9) of the Internal Revenue Code or April 1 of the
54.21calendar year following the calendar year in which the member terminated employment.
54.22(b) The consent requirements of section 411(a)(11) of the Internal Revenue Code do
54.23not apply to the extent that a distribution is required to satisfy the requirements of section
54.24401(a)(9) of the Internal Revenue Code.
54.25EFFECTIVE DATE.This section is effective the day following final enactment.

54.26    Sec. 31. REPEALER.
54.27(a) Minnesota Statutes 2012, sections 353F.02, subdivisions 4 and 5; and 353F.025,
54.28subdivision 3, are repealed.
54.29(b) Minnesota Statutes 2012, section 353.29, subdivision 6, is repealed.
54.30EFFECTIVE DATE.Paragraph (a) is effective the day following final enactment.
54.31Paragraph (b) is effective January 1, 2014.

55.1ARTICLE 4
55.2BENEFIT ACCRUAL RATE SPECIFICATION

55.3    Section 1. Minnesota Statutes 2012, section 352.115, subdivision 3, is amended to read:
55.4    Subd. 3. Retirement annuity formula. (a) This paragraph, in conjunction with
55.5section 352.116, subdivision 1, applies to a person who became a covered employee or a
55.6member of a pension fund listed in section 356.30, subdivision 3, before July 1, 1989,
55.7unless paragraph (b), in conjunction with section 352.116, subdivision 1a, produces a
55.8higher annuity amount, in which case paragraph (b) will apply applies. The employee's
55.9average salary, as defined in section 352.01, subdivision 14a, multiplied by the 1.2 percent
55.10specified in section 356.315, subdivision 1, per year of allowable service for the first ten
55.11years and the 1.7 percent specified in section 356.315, subdivision 2, for each later year of
55.12allowable service and pro rata for completed months less than a full year shall determine
55.13 determines the amount of the retirement annuity to which the employee is entitled.
55.14(b) This paragraph applies to a person who has become at least 55 years old and
55.15first became a covered employee after June 30, 1989, and to any other covered employee
55.16who has become at least 55 years old and whose annuity amount, when calculated under
55.17this paragraph and in conjunction with section 352.116, subdivision 1a, is higher than it is
55.18when calculated under paragraph (a), in conjunction with section 352.116, subdivision 1.
55.19The employee's average salary, as defined in section 352.01, subdivision 14a, multiplied
55.20by the 1.7 percent specified in section 356.315, subdivision 2, for each year of allowable
55.21service and pro rata for months less than a full year shall determine determines the amount
55.22of the retirement annuity to which the employee is entitled.

55.23    Sec. 2. Minnesota Statutes 2012, section 352.87, subdivision 3, is amended to read:
55.24    Subd. 3. Retirement annuity formula. A person specified in subdivision 1 is
55.25entitled to receive a retirement annuity applicable for allowable service credit under this
55.26section calculated by multiplying the employee's average salary, as defined in section
55.27352.01, subdivision 14a , by the 2.0 percent specified in section 356.315, subdivision 2a,
55.28 for each year or portions of a year of allowable service credit. No reduction for retirement
55.29before the normal retirement age, as specified in section 352.01, subdivision 25, applies
55.30to service to which this section applies.

55.31    Sec. 3. Minnesota Statutes 2012, section 352.93, subdivision 2, is amended to read:
55.32    Subd. 2. Calculating monthly annuity. The monthly annuity under this section
55.33must be determined by multiplying the average monthly salary by the number of years, or
56.1completed months, of covered correctional service by the 2.4 percent specified in section
56.2356.315, subdivision 5 if employed as a correctional state employee before July 1, 2010,
56.3or 2.2 percent if employed as a correctional state employee after June 30, 2010.

56.4    Sec. 4. Minnesota Statutes 2012, section 352.95, subdivision 1, is amended to read:
56.5    Subdivision 1. Duty disability; computation of benefit. A covered correctional
56.6employee who is determined to have a duty disability, physical or psychological, as
56.7defined under section 352.01, subdivision 17b, is entitled to a duty disability benefit. The
56.8duty disability benefit must be based on covered correctional service only. The duty
56.9disability benefit amount is 50 percent of the average salary defined in section 352.93,
56.10plus an additional 2.4 percent equal to that specified in section 356.315, subdivision 5, if
56.11employed as a correctional state employee before July 1, 2010, or 2.2 percent if employed
56.12as a correctional state employee after June 30, 2010, for each year of covered correctional
56.13service in excess of 20 years, ten months, prorated for completed months.

56.14    Sec. 5. Minnesota Statutes 2012, section 352B.08, subdivision 2, is amended to read:
56.15    Subd. 2. Normal retirement annuity. The annuity must be paid in monthly
56.16installments. The annuity shall be is equal to the amount determined by multiplying the
56.17average monthly salary of the member by the 3.0 percent specified in section 356.315,
56.18subdivision 6
, for each year and pro rata for completed months of service.

56.19    Sec. 6. Minnesota Statutes 2012, section 352B.10, subdivision 1, is amended to read:
56.20    Subdivision 1. Duty disability. A member who is determined to qualify for duty
56.21disability as defined in section 352B.011, subdivision 7, is entitled to receive a duty
56.22disability benefit while disabled. The benefits must be paid monthly. The duty disability
56.23benefit is an amount equal to the member's average monthly salary multiplied by 60 percent,
56.24plus an additional 3.0 percent equal to that specified in section 356.315, subdivision 6, for
56.25each year and pro rata for completed months of service in excess of 20 years, if any.

56.26    Sec. 7. Minnesota Statutes 2012, section 353.29, subdivision 3, is amended to read:
56.27    Subd. 3. Retirement annuity formula. (a) This paragraph, in conjunction with
56.28section 353.30, subdivisions 1a, 1b, and 1c, applies to any member who first became a
56.29public employee or a member of a pension fund listed in section 356.30, subdivision 3,
56.30before July 1, 1989, unless paragraph (b), in conjunction with section 353.30, subdivision
56.315
, produces a higher annuity amount, in which case paragraph (b) will apply applies. The
56.32average salary as defined in section 353.01, subdivision 17a, multiplied by the 2.2 percent
57.1specified in section 356.315, subdivision 3, for each year of allowable service for the
57.2first ten years and thereafter by the 2.7 percent specified in section 356.315, subdivision
57.34
, per year of allowable service and completed months less than a full year for a basic
57.4member, and the 1.2 percent specified in section 356.315, subdivision 1, for each year
57.5of allowable service for the first ten years and thereafter by the 1.7 percent specified in
57.6section 356.315, subdivision 2, per year of allowable service and completed months less
57.7than a full year for a coordinated member shall determine determines the amount of the
57.8normal retirement annuity.
57.9    (b) This paragraph applies to a member who has become at least 55 years old and first
57.10became a public employee after June 30, 1989, and to any other member whose annuity
57.11amount, when calculated under this paragraph and in conjunction with section 353.30,
57.12subdivision 5
, is higher than it is when calculated under paragraph (a), in conjunction with
57.13section 353.30, subdivisions 1a, 1b, and 1c. The average salary, as defined in section
57.14353.01, subdivision 17a , multiplied by the 2.7 percent specified in section 356.315,
57.15subdivision 4
, for each year of allowable service and completed months less than a full
57.16year for a basic member and the 1.7 percent specified in section 356.315, subdivision 2,
57.17 per year of allowable service and completed months less than a full year for a coordinated
57.18member, shall determine determines the amount of the normal retirement annuity.

57.19    Sec. 8. Minnesota Statutes 2012, section 353.651, subdivision 3, is amended to read:
57.20    Subd. 3. Retirement annuity formula. The average salary as defined in section
57.21353.01, subdivision 17a , multiplied by the 3.0 percent specified in section 356.315,
57.22subdivision 6
, per year of allowable service determines the amount of the normal
57.23retirement annuity. If the member has earned allowable service for performing services
57.24other than those of a police officer or firefighter, the annuity representing that service must
57.25be computed under sections 353.29 and 353.30.

57.26    Sec. 9. Minnesota Statutes 2012, section 353.656, subdivision 1, is amended to read:
57.27    Subdivision 1. Duty disability; computation of benefits. (a) A member of the
57.28police and fire plan, other than a firefighter covered by section 353.6511, or a police
57.29officer covered by section 353.6512, who is determined to qualify for duty disability as
57.30defined in section 353.01, subdivision 41, shall is entitled to receive disability benefits
57.31during the period of such disability in an amount equal to 60 percent of the average salary
57.32as defined in section 353.01, subdivision 17a, plus an additional percentage specified
57.33under section 356.315, subdivision 6, 3.0 percent of that average salary for each year
57.34of service in excess of 20 years.
58.1    (b) To be eligible for a benefit under paragraph (a), the member must have:
58.2    (1) not met the requirements for a retirement annuity under section 353.651,
58.3subdivision 1; or
58.4    (2) met the requirements under that subdivision, but does not have at least 20 years
58.5of allowable service credit.
58.6    (c) If paragraph (b), clause (2), applies, the disability benefit must be paid for a
58.7period of 60 months from the disability benefit accrual date and at the end of that period
58.8is subject to provisions of subdivision 5a.
58.9    (d) If the disability under this subdivision occurs before the member has at least five
58.10years of allowable service credit in the police and fire plan, the disability benefit must be
58.11computed on the average salary from which deductions were made for contribution to
58.12the police and fire fund.

58.13    Sec. 10. Minnesota Statutes 2012, section 353.656, subdivision 1a, is amended to read:
58.14    Subd. 1a. Total and permanent duty disability; computation of benefits. (a) A
58.15member of the police and fire plan, other than a firefighter covered by section 353.6511, or
58.16a police officer covered by section 353.6512, whose disabling condition is determined
58.17to be a duty disability that is also a permanent and total disability as defined in section
58.18353.01 , subdivision 19, is entitled to receive, for life, disability benefits in an amount
58.19equal to 60 percent of the average salary as defined in section 353.01, subdivision 17a,
58.20plus an additional 3.0 percent specified in section 356.315, subdivision 6, of that average
58.21salary for each year of service in excess of 20 years.
58.22    (b) A disability benefit payable under paragraph (a) is subject to eligibility review
58.23under section 353.33, subdivision 6, but the review may be waived if the executive
58.24director receives a written statement from the association's medical advisor that no
58.25improvement can be expected in the member's disabling condition that was the basis for
58.26payment of the benefit under paragraph (a). A member receiving a disability benefit
58.27under this subdivision who is found to no longer be permanently and totally disabled as
58.28defined under section 353.01, subdivision 19, but continues to meet the definition for
58.29receipt of a duty disability under section 353.01, subdivision 41, is subject to subdivision
58.301 upon written notice from the association's medical advisor that the person is no longer
58.31considered permanently and totally disabled.
58.32    (c) If a member approved for disability benefits under this subdivision dies before
58.33attaining normal retirement age as defined in section 353.01, subdivision 37, paragraph
58.34(b), or within 60 months of the effective date of the disability, whichever is later,
58.35the surviving spouse is entitled to receive a survivor benefit under section 353.657,
59.1subdivision 2, paragraph (a), clause (1), if the death is the direct result of the disabling
59.2condition for which disability benefits were approved, or section 353.657, subdivision
59.32, paragraph (a), clause (2), if the death is not directly related to the disabling condition
59.4for which benefits were approved under this subdivision.
59.5    (d) If the election of an actuarial equivalent optional annuity is not made at the time
59.6the permanent and total disability benefit accrues, an election must be made within 90
59.7days before the member attains normal retirement age as defined under section 353.01,
59.8subdivision 37, paragraph (b), or having collected total and permanent disability benefits
59.9for 60 months, whichever is later. If a member receiving disability benefits who has
59.10dependent children dies, subdivision 6a, paragraph (c), applies.

59.11    Sec. 11. Minnesota Statutes 2012, section 353.656, subdivision 3a, is amended to read:
59.12    Subd. 3a. Total and permanent regular disability; computation of benefits. (a)
59.13A member of the police and fire plan, other than a firefighter covered by section 353.6511,
59.14or a police officer covered by section 353.6512, whose disabling condition is determined
59.15to be a regular disability under section 353.01, subdivision 46, that is also a permanent
59.16and total disability as defined in section 353.01, subdivision 19, is entitled to receive, for
59.17life, a disability benefit in an amount equal to 45 percent of the average salary as defined
59.18in section 353.01, subdivision 17a, plus an additional 3.0 percent specified in section
59.19356.315, subdivision 6, of that average salary for each year of service in excess of 15 years.
59.20    (b) A disability benefit payable under paragraph (a) is subject to eligibility review
59.21under section 353.33, subdivision 6, but the review may be waived if the executive
59.22director receives a written statement from the association's medical advisor that no
59.23improvement can be expected in the member's disabling condition that was the basis for
59.24payment of the benefit under paragraph (a). A member receiving a disability benefit under
59.25this subdivision who is found to no longer be permanently and totally disabled as defined
59.26under section 353.01, subdivision 19, but continues to meet the definition for receipt
59.27of a regular disability under section 353.01, subdivision 46, is subject to subdivision 3
59.28upon written notice from the association's medical advisor that the person is no longer
59.29considered permanently and totally disabled.
59.30    (c) A member approved for disability benefits under this subdivision may elect
59.31to receive a normal disability benefit or an actuarial equivalent optional annuity. If the
59.32election of an actuarial equivalent optional annuity is not made at the time the total and
59.33permanent disability benefit accrues, an election must be made within 90 days before
59.34the member attains normal retirement age as defined in section 353.01, subdivision 37,
59.35paragraph (b), or having collected disability benefits for 60 months, whichever is later.
60.1No surviving spouse benefits are payable if the member dies during the period in which
60.2a normal total and permanent disability benefit is being paid. If a member receiving
60.3disability benefits who has dependent children dies, subdivision 6a, paragraph (c), applies.

60.4    Sec. 12. Minnesota Statutes 2012, section 353E.04, subdivision 3, is amended to read:
60.5    Subd. 3. Annuity amount. (a) The average salary as defined in subdivision 2,
60.6multiplied by the 1.9 percent specified in section 356.315, subdivision 5a, for each year of
60.7allowable service, determines the amount of the normal retirement annuity.
60.8(b) If a person has earned allowable service in the general employees retirement plan
60.9of the Public Employees Retirement Association or the public employees police and fire
60.10fund prior to retirement plan before participation under this chapter, the retirement annuity
60.11representing such service must be computed in accordance with the formula specified in
60.12sections 353.29 and 353.30 or 353.651, whichever applies.

60.13    Sec. 13. Minnesota Statutes 2012, section 353E.06, subdivision 1, is amended to read:
60.14    Subdivision 1. Duty disability qualification requirements. A local government
60.15correctional employee who is determined to qualify for a duty disability as defined in
60.16section 353E.001, subdivision 1, is entitled to a disability benefit. The disability benefit
60.17must be based on covered service under this chapter only and is an amount equal to 47.5
60.18percent of the average salary defined in section 353E.04, subdivision 2, plus an additional
60.191.9 percent equal to that specified in section 356.315, subdivision 5a, for each year of
60.20covered service under this chapter in excess of 25 years.

60.21    Sec. 14. Minnesota Statutes 2012, section 354.44, subdivision 6, is amended to read:
60.22    Subd. 6. Computation of formula program retirement annuity. (a) The formula
60.23retirement annuity must be computed in accordance with the applicable provisions of the
60.24formulas stated in paragraph (b) or (d) on the basis of each member's average salary under
60.25section 354.05, subdivision 13a, for the period of the member's formula service credit.
60.26    (b) This paragraph, in conjunction with paragraph (c), applies to a person who first
60.27became a member of the association or a member of a pension fund listed in section
60.28356.30, subdivision 3 , before July 1, 1989, unless paragraph (d), in conjunction with
60.29paragraph (e), produces a higher annuity amount, in which case paragraph (d) applies. The
60.30average salary as defined in section 354.05, subdivision 13a, multiplied by the following
60.31percentages per year of formula service credit shall determine the amount of the annuity to
60.32which the member qualifying therefor is entitled for service rendered before July 1, 2006:
61.1
Coordinated Member
Basic Member
61.2
61.3
61.4
Each year of service during
first ten
the 1.2 percent specified
in section 356.315,
subdivision 1, per year
the 2.2 percent specified
in section 356.315,
subdivision 3, per year
61.5
61.6
61.7
Each year of service
thereafter
the 1.7 percent specified
in section 356.315,
subdivision 2, per year
the 2.7 percent specified
in section 356.315,
subdivision 4, per year
61.8    For service rendered on or after July 1, 2006, the average salary as defined in section
61.9354.05 , subdivision 13a, multiplied by the following percentages per year of service credit,
61.10determines the amount the annuity to which the member qualifying therefor is entitled:
61.11
Coordinated Member
Basic Member
61.12
61.13
61.14
Each year of service during
first ten
the 1.4 percent specified
in section 356.315,
subdivision 1a, per year
the 2.2 percent specified
in section 356.315,
subdivision 3, per year
61.15
61.16
61.17
Each year of service after
ten years of service
the 1.9 percent specified
in section 356.315,
subdivision 2b, per year
the 2.7 percent specified
in section 356.315,
subdivision 4, per year
61.18    (c)(i) This paragraph applies only to a person who first became a member of the
61.19association or a member of a pension fund listed in section 356.30, subdivision 3, before
61.20July 1, 1989, and whose annuity is higher when calculated under paragraph (b), in
61.21conjunction with this paragraph than when calculated under paragraph (d), in conjunction
61.22with paragraph (e).
61.23    (ii) Where any member retires prior to normal retirement age under a formula
61.24annuity, the member shall be paid a retirement annuity in an amount equal to the normal
61.25annuity provided in paragraph (b) reduced by one-quarter of one percent for each month
61.26that the member is under normal retirement age at the time of retirement except that for
61.27any member who has 30 or more years of allowable service credit, the reduction shall be
61.28applied only for each month that the member is under age 62.
61.29    (iii) Any member whose attained age plus credited allowable service totals 90 years
61.30is entitled, upon application, to a retirement annuity in an amount equal to the normal
61.31annuity provided in paragraph (b), without any reduction by reason of early retirement.
61.32    (d) This paragraph applies to a member who has become at least 55 years old and
61.33first became a member of the association after June 30, 1989, and to any other member
61.34who has become at least 55 years old and whose annuity amount when calculated
61.35under this paragraph and in conjunction with paragraph (e), is higher than it is when
61.36calculated under paragraph (b), in conjunction with paragraph (c). For a basic member,
61.37the average salary, as defined in section 354.05, subdivision 13a, multiplied by the 2.7
61.38percent specified by section 356.315, subdivision 4, for each year of service for a basic
61.39member shall determine determines the amount of the retirement annuity to which the
62.1basic member is entitled. The annuity of a basic member who was a member of the
62.2former Minneapolis Teachers Retirement Fund Association as of June 30, 2006, must be
62.3determined according to the annuity formula under the articles of incorporation of the
62.4former Minneapolis Teachers Retirement Fund Association in effect as of that date. For a
62.5coordinated member, the average salary, as defined in section 354.05, subdivision 13a,
62.6multiplied by the 1.7 percent specified in section 356.315, subdivision 2, for each year of
62.7service rendered before July 1, 2006, and by the 1.9 percent specified in section 356.315,
62.8subdivision 2b, for each year of service rendered on or after July 1, 2006, determines the
62.9amount of the retirement annuity to which the coordinated member is entitled.
62.10    (e) This paragraph applies to a person who has become at least 55 years old and first
62.11becomes a member of the association after June 30, 1989, and to any other member who
62.12has become at least 55 years old and whose annuity is higher when calculated under
62.13paragraph (d) in conjunction with this paragraph than when calculated under paragraph
62.14(b), in conjunction with paragraph (c). An employee who retires under the formula annuity
62.15before the normal retirement age shall be paid the normal annuity provided in paragraph
62.16(d) reduced so that the reduced annuity is the actuarial equivalent of the annuity that would
62.17be payable to the employee if the employee deferred receipt of the annuity and the annuity
62.18amount were augmented at an annual rate of three percent compounded annually from the
62.19day the annuity begins to accrue until the normal retirement age if the employee became
62.20an employee before July 1, 2006, and at 2.5 percent compounded annually if the employee
62.21becomes an employee after June 30, 2006.
62.22    (f) No retirement annuity is payable to a former employee with a salary that exceeds
62.2395 percent of the governor's salary unless and until the salary figures used in computing
62.24the highest five successive years average salary under paragraph (a) have been audited by
62.25the Teachers Retirement Association and determined by the executive director to comply
62.26with the requirements and limitations of section 354.05, subdivisions 35 and 35a.

62.27    Sec. 15. Minnesota Statutes 2012, section 354A.31, subdivision 4, is amended to read:
62.28    Subd. 4. Computation of normal coordinated retirement annuity; St. Paul
62.29fund. (a) This subdivision applies to the coordinated program of the St. Paul Teachers
62.30Retirement Fund Association.
62.31(b) The normal coordinated retirement annuity is an amount equal to a retiring
62.32coordinated member's average salary under section 354A.011, subdivision 7a, multiplied
62.33by the retirement annuity formula percentage.
62.34(c) This paragraph, in conjunction with subdivision 6, applies to a person who first
62.35became a member or a member in a pension fund listed in section 356.30, subdivision 3,
63.1before July 1, 1989, unless paragraph (d), in conjunction with subdivision 7, produces a
63.2higher annuity amount, in which case paragraph (d) will apply. The retirement annuity
63.3formula percentage for purposes of this paragraph is the 1.2 percent specified in section
63.4356.315, subdivision 1, per year for each year of coordinated service for the first ten
63.5years and the 1.7 percent specified in section 356.315, subdivision 2, for each year of
63.6coordinated service thereafter.
63.7(d) This paragraph applies to a person who has become at least 55 years old and who
63.8first becomes a member after June 30, 1989, and to any other member who has become
63.9at least 55 years old and whose annuity amount, when calculated under this paragraph
63.10and in conjunction with subdivision 7 is higher than it is when calculated under paragraph
63.11(c), in conjunction with the provisions of subdivision 6. The retirement annuity formula
63.12percentage for purposes of this paragraph is the 1.7 percent specified in section 356.315,
63.13subdivision 2
, for each year of coordinated service.

63.14    Sec. 16. Minnesota Statutes 2012, section 354A.31, subdivision 4a, is amended to read:
63.15    Subd. 4a. Computation of normal coordinated retirement annuity; Duluth
63.16fund. (a) This subdivision applies to the new law coordinated program of the Duluth
63.17Teachers Retirement Fund Association.
63.18(b) The normal coordinated retirement annuity is an amount equal to a retiring
63.19coordinated member's average salary under section 354A.011, subdivision 7a, multiplied
63.20by the retirement annuity formula percentage.
63.21(c) This paragraph, in conjunction with subdivision 6, applies to a person who first
63.22became a member or a member in a pension fund listed in section 356.30, subdivision 3,
63.23before July 1, 1989, unless paragraph (d), in conjunction with subdivision 7, produces a
63.24higher annuity amount, in which case paragraph (d) applies. The retirement annuity
63.25formula percentage for purposes of this paragraph is the 1.2 percent specified in section
63.26356.315, subdivision 1, per year for each year of coordinated service for the first ten
63.27years and the 1.7 percent specified in section 356.315, subdivision 2, for each subsequent
63.28year of coordinated service.
63.29(d) This paragraph applies to a person who is at least 55 years old and who first
63.30becomes a member after June 30, 1989, and to any other member who is at least 55 years
63.31old and whose annuity amount, when calculated under this paragraph and in conjunction
63.32with subdivision 7, is higher than it is when calculated under paragraph (c) in conjunction
63.33with subdivision 6. The retirement annuity formula percentage for purposes of this
63.34paragraph is the 1.7 percent specified in section 356.315, subdivision 2, for each year of
63.35coordinated service.

64.1    Sec. 17. Minnesota Statutes 2012, section 356.30, subdivision 1, is amended to read:
64.2    Subdivision 1. Eligibility; computation of annuity. (a) Notwithstanding any
64.3provisions of the laws governing the retirement plans enumerated in subdivision 3, a
64.4person who has met the qualifications of paragraph (b) may elect to receive a retirement
64.5annuity from each enumerated retirement plan in which the person has at least one-half
64.6year of allowable service, based on the allowable service in each plan, subject to the
64.7provisions of paragraph (c).
64.8(b) A person may receive, upon retirement, a retirement annuity from each
64.9enumerated retirement plan in which the person has at least one-half year of allowable
64.10service, and augmentation of a deferred annuity calculated at the appropriate rate under
64.11the laws governing each public pension plan or fund named in subdivision 3, based on
64.12the date of the person's initial entry into public employment from the date the person
64.13terminated all public service if:
64.14(1) the person has allowable service in any two or more of the enumerated plans;
64.15(2) the person has sufficient allowable service in total that equals or exceeds the
64.16applicable service credit vesting requirement of the retirement plan with the longest
64.17applicable service credit vesting requirement; and
64.18(3) the person has not begun to receive an annuity from any enumerated plan or the
64.19person has made application for benefits from each applicable plan and the effective
64.20dates of the retirement annuity with each plan under which the person chooses to receive
64.21an annuity are within a one-year period.
64.22(c) The retirement annuity from each plan must be based upon the allowable service,
64.23accrual rates, and average salary in the applicable plan except as further specified or
64.24modified in the following clauses:
64.25(1) the laws governing annuities must be the law in effect on the date of termination
64.26from the last period of public service under a covered retirement plan with which the person
64.27earned a minimum of one-half year of allowable service credit during that employment;
64.28(2) the "average salary" on which the annuity from each covered plan in which
64.29the employee has credit in a formula plan must be based on the employee's highest five
64.30successive years of covered salary during the entire service in covered plans;
64.31(3) the accrual rates to be used by each plan must be those percentages prescribed by
64.32each plan's formula as continued for the respective years of allowable service from one
64.33plan to the next, recognizing all previous allowable service with the other covered plans;
64.34(4) the allowable service in all the plans must be combined in determining eligibility
64.35for and the application of each plan's provisions in respect to reduction in the annuity
64.36amount for retirement prior to normal retirement age; and
65.1(5) the annuity amount payable for any allowable service under a nonformula plan
65.2of a covered plan must not be affected, but such service and covered salary must be used
65.3in the above calculation.
65.4(d) This section does not apply to any person whose final termination from the last
65.5public service under a covered plan was before May 1, 1975.
65.6(e) For the purpose of computing annuities under this section, the accrual rates
65.7used by any covered plan, except the public employees police and fire plan, the judges
65.8retirement fund, and the State Patrol retirement plan, must not exceed the 2.7 percent
65.9specified in section 356.315, subdivision 4, per year of service for any year of service or
65.10fraction thereof. The formula percentage used by the judges retirement fund must not
65.11exceed the percentage rate specified in section 356.315, subdivision 8, 3.2 percent per
65.12year of service for any year of service or fraction thereof. The accrual rate used by the
65.13public employees police and fire plan and the State Patrol retirement plan must not exceed
65.14the percentage rate specified in section 356.315, subdivision 6, 3.0 percent per year of
65.15service for any year of service or fraction thereof. The accrual rate or rates used by the
65.16legislators retirement plan must not exceed 2.5 percent, but this limit does not apply to the
65.17adjustment provided under section 3A.02, subdivision 1, paragraph (c).
65.18(f) Any period of time for which a person has credit in more than one of the covered
65.19plans must be used only once for the purpose of determining total allowable service.
65.20(g) If the period of duplicated service credit is more than one-half year, or the person
65.21has credit for more than one-half year, with each of the plans, each plan must apply its
65.22formula to a prorated service credit for the period of duplicated service based on a fraction
65.23of the salary on which deductions were paid to that fund for the period divided by the total
65.24salary on which deductions were paid to all plans for the period.
65.25(h) If the period of duplicated service credit is less than one-half year, or when
65.26added to other service credit with that plan is less than one-half year, the service credit
65.27must be ignored and a refund of contributions made to the person in accord with that
65.28plan's refund provisions.

65.29    Sec. 18. Minnesota Statutes 2012, section 356.315, subdivision 9, is amended to read:
65.30    Subd. 9. Future benefit accrual rate increases. After January 2, 1998, benefit
65.31accrual rate increases under this section 352.115, subdivision 3; 352.87, subdivision
65.323; 352.93, subdivision 3; 352.95, subdivision 1; 352B.08, subdivision 2; 352B.10,
65.33subdivision 1; 353.29, subdivision 3; 353.651, subdivision 3; 353.656, subdivision
65.341, 1a, or 3a; 353E.04, subdivision 3; 353E.06, subdivision 1; 354.44, subdivision 6;
65.35354A.31, subdivision 4 or 4a; 356.30, subdivision 1; 490.121, subdivision 22; or 490.124,
66.1subdivision 1, must apply only to allowable service or formula service rendered after the
66.2effective date of the benefit accrual rate increase.

66.3    Sec. 19. Minnesota Statutes 2012, section 490.121, subdivision 22, is amended to read:
66.4    Subd. 22. Service credit limit. "Service credit limit" means the greater of: (1) 24
66.5years of allowable service under this chapter; or (2) for judges with allowable service
66.6rendered before July 1, 1980, the number of years of allowable service under chapter 490,
66.7which, when multiplied by the percentage listed in section 356.315, subdivision 7 2.7 or 8
66.8 3.2, whichever is applicable to each year of service, equals 76.8.

66.9    Sec. 20. Minnesota Statutes 2012, section 490.124, subdivision 1, is amended to read:
66.10    Subdivision 1. Basic retirement annuity. (a) Except as qualified hereinafter from
66.11and after the mandatory retirement date, the normal retirement date, the early retirement
66.12date, or one year from the disability retirement date, as the case may be, a retiring judge is
66.13eligible to receive a retirement annuity from the judges' retirement fund.
66.14    (b) The retirement annuity is an amount equal to: (1) the 2.7 percent specified in
66.15section 356.315, subdivision 7, multiplied by the judge's final average compensation with
66.16that result then multiplied by the number of years and fractions of years of allowable
66.17service rendered before July 1, 1980; plus (2) the 3.2 percent specified in section 356.315,
66.18subdivision 8
, multiplied by the judge's final average compensation with that result then
66.19multiplied by the number of years and fractions of years of allowable service rendered
66.20after June 30, 1980.
66.21    (c) Service that exceeds the service credit limit in section 490.121, subdivision 22,
66.22must be excluded in calculating the retirement annuity, but the compensation earned by
66.23the judge during this period of judicial service must be used in determining a judge's final
66.24average compensation and calculating the retirement annuity.

66.25    Sec. 21. REPEALER.
66.26Minnesota Statutes 2012, section 356.315, subdivisions 1, 1a, 2, 2a, 2b, 3, 4, 5, 5a,
66.276, 7, and 8, are repealed.

66.28    Sec. 22. EFFECTIVE DATE.
66.29Sections 1 to 21 are effective the day following final enactment.

67.1ARTICLE 5
67.2REVISIONS AND REPEALS OF FORMER LOCAL POLICE AND PAID
67.3FIREFIGHTER RELIEF ASSOCIATION LAWS

67.4    Section 1. Minnesota Statutes 2012, section 6.495, subdivision 1, is amended to read:
67.5    Subdivision 1. Audit and examinations. All powers and duties conferred and
67.6imposed upon the state auditor with respect to state, county, and first-class city officers,
67.7institutions, and property are hereby extended to the various fire and police relief
67.8associations in the state. The state auditor shall annually audit the special and general
67.9funds of the relief association or, at the request of the board of trustees or the municipality,
67.10the state auditor may contract for an annual audit by a certified public accountant. The
67.11state auditor may determine that an annual audit is not necessary, in which case the state
67.12auditor shall develop a plan for examination of unaudited relief associations, and shall
67.13prescribe suitable systems of accounts and budgeting, and forms, books, and instructions
67.14concerning the same.
67.15Copies of the written report of the state auditor on the financial condition and
67.16accounts of the relief association shall must be filed with the board of trustees of the
67.17relief association and the governing body of the municipality associated with the relief
67.18association. If the report discloses malfeasance, misfeasance, or nonfeasance with regard
67.19to relief association funds, copies thereof shall must be filed with the city attorney or county
67.20attorney in the city or county in which the relief association is located, and these officials of
67.21the law shall institute proceedings, civil or criminal, as the law and public interest require.

67.22    Sec. 2. Minnesota Statutes 2012, section 6.495, subdivision 3, is amended to read:
67.23    Subd. 3. Report to commissioner of revenue. The state auditor shall file with
67.24the commissioner of revenue a financial compliance report certifying for each relief
67.25association:
67.26(1) the completion of the annual financial report required pursuant to under section
67.2769.051 and the auditing or certification of those financial reports pursuant to under
67.28subdivision 1; and
67.29(2) the receipt of any actuarial valuations required pursuant to under section 69.77
67.30or 69.773 or sections 31 to 42.

67.31    Sec. 3. Minnesota Statutes 2012, section 6.67, is amended to read:
67.326.67 PUBLIC ACCOUNTANTS; REPORT OF POSSIBLE MISCONDUCT.
68.1    Whenever a public accountant in the course of auditing the books and affairs of a
68.2political subdivision or a local public pension plan governed by section 69.77, sections
68.369.771 to 69.775, or chapter 354A or 424A, or sections 31 to 42, discovers evidence
68.4pointing to nonfeasance, misfeasance, or malfeasance, on the part of an officer or
68.5employee in the conduct of duties and affairs, the public accountant shall promptly make
68.6a report of such discovery to the state auditor and the county attorney of the county in
68.7which the governmental unit is situated and the public accountant shall also furnish a
68.8copy of the report of audit upon completion to said officers. The county attorney shall
68.9act on such report in the same manner as required by law for reports made to the county
68.10attorney by the state auditor.

68.11    Sec. 4. Minnesota Statutes 2012, section 13D.01, subdivision 1, is amended to read:
68.12    Subdivision 1. In executive branch, local government. All meetings, including
68.13executive sessions, must be open to the public
68.14(a) of a state
68.15(1) agency,
68.16(2) board,
68.17(3) commission, or
68.18(4) department,
68.19when required or permitted by law to transact public business in a meeting;
68.20(b) of the governing body of a
68.21(1) school district however organized,
68.22(2) unorganized territory,
68.23(3) county,
68.24(4) statutory or home rule charter city,
68.25(5) town, or
68.26(6) other public body;
68.27(c) of any
68.28(1) committee,
68.29(2) subcommittee,
68.30(3) board,
68.31(4) department, or
68.32(5) commission,
68.33of a public body; and
68.34(d) of the governing body or a committee of:
68.35(1) a statewide public pension plan defined in section 356A.01, subdivision 24; or
69.1(2) a local public pension plan governed by section 69.77, sections 69.771 to 69.775,
69.2or chapter 354A, or sections 31 to 42.

69.3    Sec. 5. Minnesota Statutes 2012, section 69.011, subdivision 1, is amended to read:
69.4    Subdivision 1. Definitions. Unless the language or context clearly indicates that
69.5a different meaning is intended, the following words and terms, for the purposes of this
69.6chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:
69.7    (a) "Commissioner" means the commissioner of revenue.
69.8    (b) "Municipality" means:
69.9    (1) a home rule charter or statutory city;
69.10    (2) an organized town;
69.11    (3) a park district subject to chapter 398;
69.12    (4) the University of Minnesota;
69.13    (5) for purposes of the fire state aid program only, an American Indian tribal
69.14government entity located within a federally recognized American Indian reservation;
69.15    (6) for purposes of the police state aid program only, an American Indian tribal
69.16government with a tribal police department which exercises state arrest powers under
69.17section 626.90, 626.91, 626.92, or 626.93;
69.18    (7) for purposes of the police state aid program only, the Metropolitan Airports
69.19Commission; and
69.20    (8) for purposes of the police state aid program only, the Department of Natural
69.21Resources and the Department of Public Safety with respect to peace officers covered
69.22under chapter 352B.
69.23    (c) "Minnesota Firetown Premium Report" means a form prescribed by the
69.24commissioner containing space for reporting by insurers of fire, lightning, sprinkler
69.25leakage and extended coverage premiums received upon risks located or to be performed
69.26in this state less return premiums and dividends.
69.27    (d) "Firetown" means the area serviced by any municipality having a qualified fire
69.28department or a qualified incorporated fire department having a subsidiary volunteer
69.29firefighters' relief association.
69.30    (e) "Market value" means latest available market value of all property in a taxing
69.31jurisdiction, whether the property is subject to taxation, or exempt from ad valorem
69.32taxation obtained from information which appears on abstracts filed with the commissioner
69.33of revenue or equalized by the State Board of Equalization.
69.34    (f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
69.35commissioner for reporting by each fire and casualty insurer of all premiums received
70.1upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
70.2during the preceding calendar year, with reference to insurance written for insuring against
70.3the perils contained in auto insurance coverages as reported in the Minnesota business
70.4schedule of the annual financial statement which each insurer is required to file with
70.5the commissioner in accordance with the governing laws or rules less return premiums
70.6and dividends.
70.7    (g) "Peace officer" means any person:
70.8    (1) whose primary source of income derived from wages is from direct employment
70.9by a municipality or county as a law enforcement officer on a full-time basis of not less
70.10than 30 hours per week;
70.11    (2) who has been employed for a minimum of six months prior to December 31
70.12preceding the date of the current year's certification under subdivision 2, clause (b);
70.13    (3) who is sworn to enforce the general criminal laws of the state and local ordinances;
70.14    (4) who is licensed by the Peace Officers Standards and Training Board and is
70.15authorized to arrest with a warrant; and
70.16    (5) who is a member of the State Patrol retirement plan or the public employees
70.17police and fire fund.
70.18    (h) "Full-time equivalent number of peace officers providing contract service" means
70.19the integral or fractional number of peace officers which would be necessary to provide
70.20the contract service if all peace officers providing service were employed on a full-time
70.21basis as defined by the employing unit and the municipality receiving the contract service.
70.22    (i) "Retirement benefits other than a service pension" means any disbursement
70.23authorized under section 424A.05, subdivision 3, clauses (3) and (4).
70.24    (j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means:
70.25(1) for the police state aid program and police relief association financial reports:
70.26(i) the person who was elected or appointed to the specified position or, in the
70.27absence of the person, another person who is designated by the applicable governing body;
70.28(ii) in a park district, the secretary of the board of park district commissioners;
70.29(iii) in the case of the University of Minnesota, the official designated by the Board
70.30of Regents;
70.31(iv) for the Metropolitan Airports Commission, the person designated by the
70.32commission;
70.33(v) for the Department of Natural Resources or the Department of Public Safety, the
70.34respective commissioner;
71.1(vi) for a tribal police department which exercises state arrest powers under section
71.2626.90 , 626.91, 626.92, or 626.93, the person designated by the applicable American
71.3Indian tribal government; and
71.4(2) for the fire state aid program and fire relief association financial reports, the
71.5person who was elected or appointed to the specified position, or, for governmental
71.6entities other than counties, if the governing body of the governmental entity designates
71.7the position to perform the function, the chief financial official of the governmental entity
71.8or the chief administrative official of the governmental entity.
71.9(k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
71.10retirement plan established by chapter 353G.

71.11    Sec. 6. Minnesota Statutes 2012, section 69.011, subdivision 2, is amended to read:
71.12    Subd. 2. Qualification for fire or police state aid. (a) Unless retirement coverage
71.13is provided by the voluntary statewide lump-sum volunteer firefighter retirement plan, in
71.14order to qualify to receive fire state aid, on or before March 15 annually, in conjunction
71.15with the financial report required pursuant to section 69.051, the clerk of each municipality
71.16having a duly organized fire department as provided in subdivision 4, or the secretary of
71.17each independent nonprofit firefighting corporation having a subsidiary incorporated
71.18firefighters' relief association, whichever is applicable, and the fire chief, shall jointly
71.19certify the existence of the municipal fire department or of the independent nonprofit
71.20firefighting corporation, whichever is applicable, which meets the minimum qualification
71.21requirements set forth in this subdivision, and the fire personnel and equipment of the
71.22municipal fire department or the independent nonprofit firefighting corporation as of the
71.23preceding December 31.
71.24(b) Where retirement coverage is provided by the voluntary statewide lump-sum
71.25volunteer firefighter retirement plan, in order to qualify to receive fire state aid, on or
71.26before March 15, annually, the executive director of the Public Employees Retirement
71.27Association shall certify the existence of that coverage for each municipality and the
71.28municipal clerk or independent nonprofit firefighting corporation secretary, whichever
71.29applies, and the applicable fire chief shall certify the fire personnel and fire department
71.30equipment as of the preceding December 31.
71.31(c) Certification must be made to the commissioner on a form prescribed by the
71.32commissioner and shall include any other facts the commissioner may require. The
71.33certification must be made to the commissioner in duplicate. Each copy of the certificate
71.34must be duly executed and is deemed to be an original. The commissioner shall forward
72.1one copy to the auditor of the county wherein the fire department is located and shall
72.2retain one copy.
72.3(d) On or before March 15 annually the clerk of each municipality having a duly
72.4organized police department and having a duly incorporated relief association shall certify
72.5that fact to the county auditor of the county where the police department is located and to
72.6the commissioner on a form prescribed by the commissioner together with the other facts
72.7the commissioner or auditor may require.
72.8(e) (c) Except as provided in subdivision 2b, on or before March 15 annually, in
72.9order to qualify to receive police state aid, the clerk of each municipality and the auditor of
72.10each county employing one or more peace officers as defined in subdivision 1, clause (g),
72.11shall certify the number of such peace officers to the commissioner on forms prescribed by
72.12the commissioner. Credit for officers employed less than a full year must be apportioned.
72.13Each full month of employment of a qualifying officer during the calendar year entitles the
72.14employing municipality or county to credit for 1/12 of the payment for employment of a
72.15peace officer for the entire year. For purposes of sections 69.011 to 69.051, employment
72.16of a peace officer commences when the peace officer is entered on the payroll of the
72.17respective municipal police department or county sheriff's department. No peace officer
72.18may be included in the certification of the number of peace officers by more than one
72.19municipality or county employing unit for the same month.
72.20(d) A certification made under this subdivision must be filed with the commissioner,
72.21must be made on a form prescribed by the commissioner, and must include any other facts
72.22that the commissioner requires.

72.23    Sec. 7. Minnesota Statutes 2012, section 69.011, subdivision 3, is amended to read:
72.24    Subd. 3. Failure to file certificate deemed waiver. (a) If a certification required by
72.25this section is not filed with the commissioner by the due date prescribed by this section,
72.26the commissioner shall notify the county, the municipality, or the nonprofit firefighting
72.27corporation that a portion or all of its current year aid will be forfeited if the certification
72.28is not received within ten days.
72.29(b) The amount of aid forfeited is equal to the amount of state police aid or state fire
72.30aid determined for the county, the municipality, or the nonprofit firefighting corporation
72.31for the current year, multiplied by five percent for each week or fraction of a week that
72.32this certification is late. The penalty will must be computed beginning ten days after the
72.33postmark date of the commissioner's notification as required under this subdivision. All
72.34forfeited aid amounts revert to the general fund in the state treasury. Failure to receive the
72.35certificate form cannot may not be used as a defense for not filing a failure to file.

73.1    Sec. 8. Minnesota Statutes 2012, section 69.011, subdivision 4, is amended to read:
73.2    Subd. 4. Qualification for fire state aid. Any (a) A municipality in this state
73.3qualifies to receive fire state aid if it meets the general requirements of paragraph (b) and
73.4if it meets the specific requirements of paragraph (c).
73.5(b) Minimum qualifications for fire state aid include the following:
73.6(1) having for more than one year an organized fire department and officially
73.7established by the governing body of the municipality or an independent nonprofit
73.8firefighting corporation created under the nonprofit corporation act of this state and
73.9operating exclusively for firefighting purposes and providing retirement and relief benefits
73.10to its members,; and
73.11(2) having a separate subsidiary incorporated firefighter's relief and pension
73.12 association providing retirement and relief benefits, or participating in the voluntary
73.13statewide lump-sum volunteer firefighter retirement plan, may qualify to receive state aid
73.14if it meets the following or, if a paid fire department, having retirement coverage by the
73.15public employees police and fire retirement plan.
73.16(c) Minimum requirements for fire state aid also include the following or their
73.17equivalent as determined by the state fire marshal by July 1, 1972:
73.18(a) (1) having ten paid or volunteer firefighters including a fire chief and assistant
73.19fire chief, and;
73.20(b) (2) having regular scheduled meetings and frequent drills including instructions
73.21in firefighting tactics and in the use, care, and operation of all fire apparatus and
73.22equipment, and;
73.23(c) (3) having a motorized fire truck equipped with a motorized pump, 250 gallon or
73.24larger water tank, 300 feet of one inch or larger fire hose in two lines with combination
73.25spray and straight stream nozzles, five-gallon hand pumps--tank extinguisher or equivalent,
73.26dry chemical extinguisher or equivalent, ladders, extension ladders, pike poles, crow bars,
73.27axes, lanterns, fire coats, helmets, and boots, and;
73.28(d) (4) having apparatus suitably housed in a building of good construction with
73.29facilities for care of hose and equipment, and;
73.30(e) (5) having a reliable and adequate method of receiving fire alarms by telephone
73.31or with electric siren and suitable means of sounding an alarm, and;
73.32(f) (6) if response is to be provided outside the corporate limits of the municipality
73.33wherein the fire department is located, the municipality has having another piece of
73.34motorized apparatus to make the response,; and
73.35(g) (7) meeting other requirements that the commissioner establishes by rule.

74.1    Sec. 9. Minnesota Statutes 2012, section 69.021, subdivision 1, is amended to read:
74.2    Subdivision 1. Minnesota Firetown Premium Report and Minnesota Aid to
74.3Police Premium Report. The commissioner shall, at the time of mailing tax forms,
74.4send blank copies of the Minnesota Firetown Premium Report and when applicable the
74.5Minnesota Aid to Police Premium Report to each insurer, including township and farmers
74.6mutual insurance companies licensed to write insurance as described in section 69.011,
74.7subdivision 1
, clauses (c) and (f) in this state. These reports shall must contain space
74.8for the insurers name, address, gross premiums less return premiums, dividends, net
74.9premiums, certification and other facts that the commissioner may require.

74.10    Sec. 10. Minnesota Statutes 2012, section 69.021, subdivision 2, is amended to read:
74.11    Subd. 2. Report of premiums. (a) Each insurer, including township and farmers
74.12mutual insurers where applicable, shall return to the commissioner the reports described in
74.13subdivision 1 certified by its secretary and president or chief financial officer.
74.14(b) The Minnesota Firetown Premium Report shall must contain a true and accurate
74.15statement of the total premium for all gross direct fire, lightning, sprinkler leakage, and
74.16extended coverage insurance of all domestic mutual insurers and the total premiums for
74.17all gross direct fire, lightning, sprinkler leakage and extended coverage insurance of all
74.18other insurers, less return premiums and dividends received by them on that business
74.19written or done during the preceding calendar year upon property located within the state
74.20or brought into the state for temporary use. The fire and extended coverage portion of
74.21multiperil and multiple peril package premiums and all other combination premiums shall
74.22 must be determined by applying percentages determined by the commissioner or by rating
74.23bureaus recognized by the commissioner.
74.24(c) The Minnesota Aid to Police Premium Report shall must contain a true and
74.25accurate statement of the total premiums, less return premiums and dividends, on all direct
74.26business received by such insurer in this state, or by its agents for it, in cash or otherwise,
74.27during the preceding calendar year, with reference to insurance written for perils described
74.28in section 69.011, subdivision 1, clause (f).

74.29    Sec. 11. Minnesota Statutes 2012, section 69.021, subdivision 3, is amended to read:
74.30    Subd. 3. Penalty for fraudulent, incorrect, incomplete returns and late filing of
74.31report. (a) When it appears to the commissioner that any insurer has made an incomplete or
74.32inaccurate report, the commissioner shall return the report and demand that a complete and
74.33accurate report be filed. If the insurer fails to file a report on or before March 1, annually,
74.34the insurer shall be is liable and shall pay $25 for each seven days delinquent, or fraction
75.1thereof, that the report is delinquent, but not to exceed $200. If the insurer fails to file a
75.2corrected report within 30 days after demand, the insurer is liable for the penalties provided
75.3in this subdivision paragraph (b) or (c) for knowingly filing an inaccurate or false report.
75.4(b) Any insurer who which knowingly makes and files an inaccurate or false report
75.5shall be is liable to a fine in an amount of not less than $25 nor more than $1,000, as
75.6determined by the commissioner, and additionally the commissioner of commerce may
75.7revoke the insurer's certificate of authority.
75.8(c) Any person whose duty it is to make the report who fails or refuses to make it
75.9within 30 days after notification by the commissioner shall be fined an amount of not
75.10more than $1,000.
75.11(d) Failure of the insurer to receive a reporting form shall does not excuse the insurer
75.12from filing the report.

75.13    Sec. 12. Minnesota Statutes 2012, section 69.021, subdivision 4, is amended to read:
75.14    Subd. 4. Determination of qualified state aid recipients; certification to
75.15commissioner of management and budget. (a) The commissioner shall determine
75.16which municipalities and independent nonprofit firefighting corporations are qualified to
75.17receive fire state aid directly or are qualified to receive the benefit of fire state aid paid
75.18to the voluntary statewide lump-sum volunteer firefighter retirement plan and which
75.19municipalities and counties are qualified to receive police state aid.
75.20(b) The commissioner shall determine qualification for state aid upon receipt of:
75.21(1) the fire department personnel and equipment certification or the police department
75.22and qualified peace officers certificate, whichever applies, required under section 69.011;
75.23(2) the financial compliance report required under section 6.495, subdivision 3, if
75.24applicable; and
75.25(3) any other relevant information which comes to the attention of the commissioner.
75.26(c) Upon completion of the determination, on or before October 1, the commissioner
75.27shall calculate the amount of:
75.28(1) the police state aid which each county or municipality is to receive under
75.29subdivisions 5, 6, 7a, and 10; and
75.30(2) the fire state aid which each municipality or nonprofit firefighting corporation
75.31is to receive under subdivisions 5 and 7.
75.32(d) The commissioner shall certify to the commissioner of management and budget
75.33the name of each county or municipality, and the amount of state aid which each county or
75.34municipality is to receive, in the case of police state aid. The commissioner shall certify to
75.35the commissioner of management and budget the name of each municipality or independent
76.1nonprofit firefighting corporation and the amount of state aid which each municipality
76.2or independent nonprofit firefighting corporation is to receive directly or the amount of
76.3state aid which the voluntary statewide lump-sum volunteer firefighter retirement plan is
76.4qualified to receive on behalf of the municipality or corporation, in the case of fire state aid.

76.5    Sec. 13. Minnesota Statutes 2012, section 69.021, subdivision 5, is amended to read:
76.6    Subd. 5. Calculation of state aid. (a) The amount of fire state aid available for
76.7apportionment, before the addition of the minimum fire state aid allocation amount under
76.8subdivision 7, is equal to 107 percent of the amount of premium taxes paid to the state
76.9upon the fire, lightning, sprinkler leakage, and extended coverage premiums reported to
76.10the commissioner by insurers on the Minnesota Firetown Premium Report. This amount
76.11must be reduced by the amount required to pay the state auditor's costs and expenses of
76.12the audits or exams of the firefighters relief associations.
76.13The total amount for apportionment in respect to fire state aid must not be less than
76.14two percent of the premiums reported to the commissioner by insurers on the Minnesota
76.15Firetown Premium Report after subtracting the following amounts:
76.16(1) the amount required to pay the state auditor's costs and expenses of the audits or
76.17exams of the firefighters relief associations; and
76.18(2) one percent of the premiums reported by town and farmers' mutual insurance
76.19companies and mutual property and casualty companies with total assets of $5,000,000 or
76.20less.
76.21(b) The total amount for apportionment as police state aid is equal to 104 percent
76.22of the amount of premium taxes paid to the state on the premiums reported to the
76.23commissioner by insurers on the Minnesota Aid to Police Premium Report, reduced by
76.24the amount required to pay the costs and expenses of the state auditor for audits or exams
76.25of police relief associations. The total amount for apportionment in respect to the police
76.26state aid program must not be less than two percent of the amount of premiums reported
76.27to the commissioner by insurers on the Minnesota Aid to Police Premium Report after
76.28subtracting the amount required to pay the state auditor's cost and expenses of the audits
76.29or exams of the police relief associations.
76.30(c) The commissioner shall calculate the percentage of increase or decrease reflected
76.31in the apportionment over or under the previous year's available state aid using the same
76.32premiums as a basis for comparison.
76.33(d) In addition to the amount for apportionment of police state aid under paragraph
76.34(b), each year $100,000 must be apportioned for police state aid. An amount sufficient to
76.35pay this increase is annually appropriated from the general fund.

77.1    Sec. 14. Minnesota Statutes 2012, section 69.021, subdivision 7, is amended to read:
77.2    Subd. 7. Apportionment of fire state aid to municipalities and relief associations.
77.3(a) The commissioner shall apportion the fire state aid relative to the premiums reported
77.4on the Minnesota Firetown Premium Reports filed under this chapter to each municipality
77.5and/or firefighters relief association qualified under section 69.011, subdivision 4.
77.6(b) The commissioner shall calculate an initial fire state aid allocation amount for each
77.7municipality or fire department under paragraph (c) and, if applicable, a minimum fire state
77.8aid allocation amount for each municipality or fire department under paragraph (d). The
77.9municipality or fire department must receive be apportioned the larger fire state aid amount.
77.10(c) The initial fire state aid allocation amount is the amount available for
77.11apportionment as fire state aid under subdivision 5, without the inclusion of any additional
77.12funding amount to support a minimum fire state aid amount under section 423A.02,
77.13subdivision 3
, allocated one-half in proportion to the population as shown in the last
77.14official statewide federal census for each fire town and one-half in proportion to the market
77.15value of each fire town, including (1) the market value of tax-exempt property and (2) the
77.16market value of natural resources lands receiving in lieu payments under sections 477A.11
77.17to 477A.14, but excluding the market value of minerals. In the case of incorporated or
77.18municipal fire departments furnishing fire protection to other cities, towns, or townships
77.19as evidenced by valid fire service contracts filed with the commissioner, the distribution
77.20must be adjusted proportionately to take into consideration the crossover fire protection
77.21service. Necessary adjustments must be made to subsequent apportionments. In the case
77.22of municipalities or independent fire departments qualifying for the aid, the commissioner
77.23shall calculate the state aid for the municipality or relief association on the basis of the
77.24population and the market value of the area furnished fire protection service by the fire
77.25department as evidenced by duly executed and valid fire service agreements filed with the
77.26commissioner. If one or more fire departments are furnishing contracted fire service to a
77.27city, town, or township, only the population and market value of the area served by each
77.28fire department may be considered in calculating the state aid and the fire departments
77.29furnishing service shall enter into an agreement apportioning among themselves the
77.30percent of the population and the percent of the market value of each shared service area.
77.31The agreement must be in writing and must be filed with the commissioner.
77.32(d) The minimum fire state aid allocation amount is the amount in addition to the
77.33initial fire state allocation amount that is derived from any additional funding amount
77.34to support a minimum fire state aid amount under section 423A.02, subdivision 3, and
77.35allocated to municipalities with volunteer firefighters relief associations or covered by the
77.36voluntary statewide lump-sum volunteer firefighter retirement plan based on the number
78.1of active volunteer firefighters who are members of the relief association as reported
78.2in the annual financial reporting for the calendar year 1993 to the Office of the State
78.3Auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or
78.4fire departments with volunteer firefighters relief associations receive in total at least a
78.5minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of
78.630 firefighters. If a relief association is established after calendar year 1993 and before
78.7calendar year 2000, the number of active volunteer firefighters who are members of the
78.8relief association as reported in the annual financial reporting for calendar year 1998
78.9to the Office of the State Auditor, but not to exceed 30 active volunteer firefighters,
78.10shall be used in this determination. If a relief association is established after calendar
78.11year 1999, the number of active volunteer firefighters who are members of the relief
78.12association as reported in the first annual financial reporting submitted to the Office of
78.13the State Auditor, but not to exceed 20 active volunteer firefighters, must be used in this
78.14determination. If a relief association is terminated as a result of providing retirement
78.15coverage for volunteer firefighters by the voluntary statewide lump-sum volunteer
78.16firefighter retirement plan under chapter 353G, the number of active volunteer firefighters
78.17of the municipality covered by the statewide plan as certified by the executive director of
78.18the Public Employees Retirement Association to the commissioner and the state auditor,
78.19but not to exceed 30 active firefighters, must be used in this determination.
78.20(e) Unless the firefighters of the applicable fire department are members of the
78.21voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid must
78.22be paid to the treasurer of the municipality where the fire department is located and the
78.23treasurer of the municipality shall, within 30 days of receipt of the fire state aid, transmit
78.24the aid to the relief association if the relief association has filed a financial report with the
78.25treasurer of the municipality and has met all other statutory provisions pertaining to the
78.26aid apportionment. If the firefighters of the applicable fire department are members of
78.27the voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid
78.28must be paid to the executive director of the Public Employees Retirement Association
78.29and deposited in the voluntary statewide lump-sum volunteer firefighter retirement fund.
78.30(f) The commissioner may make rules to permit the administration of the provisions
78.31of this section.
78.32(g) Any adjustments needed to correct prior misallocations must be made to
78.33subsequent fire state aid apportionments.

78.34    Sec. 15. Minnesota Statutes 2012, section 69.021, subdivision 7a, is amended to read:
79.1    Subd. 7a. Apportionment of police state aid. (a) Subject to the reduction provided
79.2for under subdivision 10, the commissioner shall apportion the police state aid to each
79.3municipality and, to the each county, and to the Departments of Natural Resources and
79.4Public Safety in the following manner:
79.5(1) for all municipalities maintaining police departments, counties, the Department
79.6of Natural Resources, and the Department of Public Safety, the police state aid must be
79.7distributed in proportion to the relationship that the total number of peace officers, as
79.8determined under section 69.011, subdivision 1, clause paragraph (g), and subdivision 2,
79.9clause paragraph (b), employed by that employing unit for 12 calendar months and the
79.10proportional or fractional number who were employed less than 12 months bears to the total
79.11number of peace officers employed by all municipalities and, counties, the Departments of
79.12Natural Resources and Public Safety, subject to any reduction under subdivision 10;
79.13(2) for each municipality which contracts with the county for police service, a
79.14proportionate amount of the state aid distributed to the county based on the full-time
79.15equivalent number of peace officers providing contract service to that municipality must
79.16be credited against the municipality's contract obligation; and
79.17(3) for each municipality which contracts with another municipality for police
79.18service, a proportionate amount of the state aid distributed to the municipality providing
79.19contract service based on the full-time equivalent number of peace officers providing
79.20contract service to that municipality on a full-time equivalent basis must be credited
79.21against the contract obligation of the municipality receiving contract service.
79.22(b) Any necessary additional adjustments must be made to subsequent police state
79.23aid apportionments.

79.24    Sec. 16. Minnesota Statutes 2012, section 69.021, subdivision 8, is amended to read:
79.25    Subd. 8. Population and market value. (a) In computations relating to fire state aid
79.26requiring the use of population figures, only official statewide federal census figures are
79.27to may be used. Increases or decreases in population disclosed by reason of any special
79.28census must not be taken into consideration.
79.29(b) In calculations relating to fire state aid requiring the use of market value property
79.30figures, only the latest available market value property figures may be used.

79.31    Sec. 17. Minnesota Statutes 2012, section 69.021, subdivision 9, is amended to read:
79.32    Subd. 9. Appeal. (a) In the event that a municipality, a county, a fire relief
79.33association, a police relief association, the Department of Natural Resources, the
79.34Department of Public Safety, or the voluntary statewide lump-sum volunteer firefighter
80.1retirement plan, feels itself to be aggrieved, it may request the commissioner to review
80.2and adjust the apportionment of funds within the county in the case of police state aid, or
80.3within the state in the case of fire state aid.
80.4(b) The decision of the commissioner is subject to appeal, review, and adjustment by
80.5the district court in the county in which the applicable municipality, or fire department,
80.6 or police department is located or by the Ramsey County District Court with respect to
80.7the Department of Natural Resources, the Department of Public Safety, or the voluntary
80.8statewide lump-sum volunteer firefighter retirement plan.

80.9    Sec. 18. Minnesota Statutes 2012, section 69.021, subdivision 10, is amended to read:
80.10    Subd. 10. Reduction in police state aid apportionment. (a) The commissioner of
80.11revenue shall reduce the apportionment of police state aid under subdivisions 5, paragraph
80.12(b), 6, and 7a, for eligible employer units by the amount of any excess police state aid.
80.13(b) "Excess police state aid" is:
80.14(1) for counties and for municipalities in which police retirement coverage is
80.15provided wholly by the public employees police and fire fund and all police officers are
80.16members of the plan governed by sections 353.63 to 353.657, the amount in excess of the
80.17employer's total prior calendar year obligation as defined in paragraph (c), as certified by
80.18the executive director of the Public Employees Retirement Association;
80.19(2) for municipalities in which police retirement coverage is provided in part by the
80.20public employees police and fire fund governed by sections 353.63 to 353.657 and in
80.21part by a local police consolidation account governed by chapter 353A, and established
80.22before March 2, 1999, for which the municipality declined merger under section 353.665,
80.23subdivision 1
, or established after March 1, 1999, the amount in excess of the employer's
80.24total prior calendar year obligation as defined in paragraph (c), plus the amount of the
80.25employer's total prior calendar year obligation under section 353A.09, subdivision 5,
80.26paragraphs (a) and (b), as certified by the executive director of the Public Employees
80.27Retirement Association;
80.28(3) for municipalities in which police retirement coverage is provided by the public
80.29employees police and fire plan governed by sections 353.63 to 353.657, in which police
80.30retirement coverage was provided by a police consolidation account under chapter
80.31353A before July 1, 1999, and for which the municipality has an additional municipal
80.32contribution under section 353.665, subdivision 8, paragraph (b), the amount in excess of
80.33the employer's total prior calendar year obligation as defined in paragraph (c), plus the
80.34amount of any additional municipal contribution under section 353.665, subdivision 8,
81.1paragraph (b), until the year 2010, as certified by the executive director of the Public
81.2Employees Retirement Association;
81.3(4) (2) for municipalities in which police retirement coverage is provided in part by
81.4the public employees police and fire fund governed by sections 353.63 to 353.657 and in
81.5part by a local police relief association governed by sections 69.77 and 423A.01 the cities
81.6of Fairmont and Minneapolis, the amount in excess of the employer's total prior calendar
81.7year obligation as defined in paragraph (c), as certified by the executive director of the
81.8public employees retirement association, plus the amount of the financial requirements of
81.9the relief association certified to the applicable municipality during the prior calendar year
81.10under section 69.77, subdivisions 4 and 5, reduced by the amount of member contributions
81.11deducted from the covered salary of the relief association during the prior calendar year
81.12under section 69.77, subdivision 3, as certified by the chief administrative officer of the
81.13applicable municipality any additional municipal contribution under section 353.668,
81.14subdivision 6, or 353.669, subdivision 6;
81.15(5) (3) for the Metropolitan Airports Commission, the amount in excess of the
81.16commission's total prior calendar year obligation as defined in paragraph (c), as certified
81.17by the executive director of the Public Employees Retirement Association; and
81.18(6) (4) for the Department of Natural Resources and for the Department of Public
81.19Safety, the amount in excess of the employer's total prior calendar year obligation under
81.20section 352B.02, subdivision 1c, for plan members who are peace officers under section
81.2169.011, subdivision 1 , clause (g), as certified by the executive director of the Minnesota
81.22State Retirement System.
81.23(c) The employer's total prior calendar year obligation with respect to the public
81.24employees police and fire plan under paragraph (b), clause (1), is the total prior calendar
81.25year obligation under section 353.65, subdivision 3, for police officers as defined in
81.26section 353.64, subdivision 2, and the actual total prior calendar year obligation under
81.27section 353.65, subdivision 3, for firefighters, as defined in section 353.64, subdivision
81.283
, but not to exceed for those firefighters the applicable following amounts employer
81.29calendar year amount:
81.30
Municipality
Maximum Amount
81.31
Albert Lea
$54,157.01
81.32
Anoka
10,399.31
81.33
Apple Valley
5,442.44
81.34
Austin
49,864.73
81.35
Bemidji
27,671.38
81.36
Brooklyn Center
6,605.92
81.37
Brooklyn Park
24,002.26
82.1
Burnsville
15,956.00
82.2
Cloquet
4,260.49
82.3
Coon Rapids
39,920.00
82.4
Cottage Grove
8,588.48
82.5
Crystal
5,855.00
82.6
East Grand Forks
51,009.88
82.7
Edina
32,251.00
82.8
Elk River
5,216.55
82.9
Ely
13,584.16
82.10
Eveleth
16,288.27
82.11
Fergus Falls
6,742.00
82.12
Fridley
33,420.64
82.13
Golden Valley
11,744.61
82.14
Hastings
16,561.00
82.15
Hopkins
4,324.23
82.16
International Falls
14,400.69
82.17
Lakeville
782.35
82.18
Lino Lakes
5,324.00
82.19
Little Falls
7,889.41
82.20
Maple Grove
6,707.54
82.21
Maplewood
8,476.69
82.22
Minnetonka
10,403.00
82.23
Montevideo
1,307.66
82.24
Moorhead
68,069.26
82.25
New Hope
6,739.72
82.26
North St. Paul
4,241.14
82.27
Northfield
770.63
82.28
Owatonna
37,292.67
82.29
Plymouth
6,754.71
82.30
Red Wing
3,504.01
82.31
Richfield
53,757.96
82.32
Rosemount
1,712.55
82.33
Roseville
9,854.51
82.34
St. Anthony
33,055.00
82.35
St. Louis Park
53,643.11
82.36
Thief River Falls
28,365.04
82.37
Virginia
31,164.46
82.38
Waseca
11,135.17
82.39
West St. Paul
15,707.20
82.40
White Bear Lake
6,521.04
82.41
Woodbury
3,613.00
82.42
any other municipality
0.00
83.1(d) The total amount of excess police state aid must be deposited in the excess
83.2police state-aid account in the general fund, administered and distributed as provided
83.3in subdivision 11.

83.4    Sec. 19. Minnesota Statutes 2012, section 69.021, subdivision 11, is amended to read:
83.5    Subd. 11. Excess police state-aid holding account. (a) The excess police state-aid
83.6holding account is established in the general fund. The excess police state-aid holding
83.7account must be administered by the commissioner.
83.8    (b) Excess police state aid determined according to subdivision 10, must be
83.9deposited annually in the excess police state-aid holding account.
83.10    (c) From the balance in the excess police state-aid holding account, $900,000 must
83.11be canceled annually to the general fund.
83.12    (d) If a police officer stress reduction program is created by law and money is
83.13appropriated for that program, an amount equal to that appropriation must be transferred
83.14to the administrator of that program from the balance in the excess police state-aid holding
83.15account.
83.16    (e) (d) On October 1 of each year, one-half of the balance of the excess police
83.17state-aid holding account remaining after the deductions deduction under paragraphs
83.18 paragraph (c) and (d) is appropriated for additional amortization aid under section
83.19423A.02, subdivision 1b .
83.20    (f) (e) Annually, the remaining balance in the excess police state-aid holding account,
83.21after the deductions under paragraphs (c), and (d), and (e), cancels to the general fund.

83.22    Sec. 20. Minnesota Statutes 2012, section 69.031, subdivision 1, is amended to read:
83.23    Subdivision 1. Commissioner's warrant. (a) The commissioner of management
83.24and budget shall issue to the Public Employees Retirement Association on behalf of
83.25a municipality or independent nonprofit firefighting corporation that is a member of the
83.26voluntary statewide lump-sum volunteer firefighter retirement plan under chapter 353G,
83.27to the Department of Natural Resources, the Department of Public Safety, or to the
83.28county, municipality, or independent nonprofit firefighting corporation certified to the
83.29commissioner of management and budget by the commissioner a warrant for an amount
83.30equal to the amount of fire state aid or police state aid, whichever applies, certified for the
83.31applicable state aid recipient by the commissioner under section 69.021.
83.32(b) Fire state aid and police state aid is payable on October 1 annually. The amount
83.33of state aid due and not paid by October 1 accrues interest payable to the state aid recipient
84.1at the rate of one percent for each month or part of a month that the amount remains
84.2unpaid after October 1.

84.3    Sec. 21. Minnesota Statutes 2012, section 69.031, subdivision 3, is amended to read:
84.4    Subd. 3. Appropriations. There is hereby appropriated annually from the state
84.5general fund to the commissioner of revenue an amount amounts sufficient to make the
84.6police state aid payments and the fire state aid payments specified in this section and
84.7section 69.021.

84.8    Sec. 22. Minnesota Statutes 2012, section 69.031, subdivision 5, is amended to read:
84.9    Subd. 5. Deposit of state aid. (a) If the municipality or the independent nonprofit
84.10firefighting corporation is covered by the voluntary statewide lump-sum volunteer
84.11firefighter retirement plan under chapter 353G, the executive director shall credit the fire
84.12state aid against future municipal contribution requirements under section 353G.08 and
84.13shall notify the municipality or independent nonprofit firefighting corporation of the fire
84.14state aid so credited at least annually. If the municipality or the independent nonprofit
84.15firefighting corporation is not covered by the voluntary statewide lump-sum volunteer
84.16firefighter retirement plan, the municipal treasurer shall, within 30 days after receipt,
84.17transmit the fire state aid to the treasurer of the duly incorporated firefighters' relief
84.18association if there is one organized and the association has filed a financial report with the
84.19municipality. If the relief association has not filed a financial report with the municipality,
84.20the municipal treasurer shall delay transmission of the fire state aid to the relief association
84.21until the complete financial report is filed. If the municipality or independent nonprofit
84.22firefighting corporation is not covered by the voluntary statewide lump-sum volunteer
84.23firefighter retirement plan, if there is no relief association organized, or if the association
84.24has dissolved or has been removed as trustees of state aid, then the treasurer of the
84.25municipality shall deposit the money in the municipal treasury and the money may be
84.26disbursed only for the purposes and in the manner set forth in section 424A.08 or for the
84.27payment of the employer contribution requirement with respect to firefighters covered by
84.28the public employees police and fire retirement plan under section 353.65, subdivision 3.
84.29(b) The municipal treasurer, upon receipt of the police state aid, shall disburse the
84.30police state aid in the following manner:
84.31(1) For a municipality in which a local police relief association exists and all peace
84.32officers are members of the association, the total state aid must be transmitted to the
84.33treasurer of the relief association within 30 days of the date of receipt, and the treasurer
85.1of the relief association shall immediately deposit the total state aid in the special fund
85.2of the relief association;
85.3(2) (b) For a municipality in which police retirement coverage is provided by the
85.4public employees police and fire fund and all peace officers are members of the fund,
85.5including municipalities covered by section 353.665, the total state aid must be applied
85.6toward the municipality's employer contribution to the public employees police and
85.7fire fund under sections 353.65, subdivision 3, and 353.665 353.668, subdivision 8 6,
85.8paragraph (b) or 353.669, subdivision 6, if applicable; or.
85.9(3) For a municipality other than a city of the first class with a population of more
85.10than 300,000 in which both a police relief association exists and police retirement
85.11coverage is provided in part by the public employees police and fire fund, the municipality
85.12may elect at its option to transmit the total state aid to the treasurer of the relief association
85.13as provided in clause (1), to use the total state aid to apply toward the municipality's
85.14employer contribution to the public employees police and fire fund subject to all the
85.15provisions set forth in clause (2), or to allot the total state aid proportionately to be
85.16transmitted to the police relief association as provided in this subdivision and to apply
85.17toward the municipality's employer contribution to the public employees police and fire
85.18fund subject to the provisions of clause (2) on the basis of the respective number of active
85.19full-time peace officers, as defined in section 69.011, subdivision 1, clause (g).
85.20For a city of the first class with a population of more than 300,000, in addition, the
85.21city may elect to allot the appropriate portion of the total police state aid to apply toward
85.22the employer contribution of the city to the public employees police and fire fund based
85.23on the covered salary of police officers covered by the fund each payroll period and to
85.24transmit the balance to the police relief association; or
85.25(4) For a municipality in which police retirement coverage is provided in part by
85.26the public employees police and fire fund and in part by a local police consolidation
85.27account governed by chapter 353A and established before March 2, 1999, for which the
85.28municipality declined merger under section 353.665, subdivision 1, or established after
85.29March 1, 1999, the total police state aid must be applied towards the municipality's total
85.30employer contribution to the public employees police and fire fund and to the local police
85.31consolidation account under sections 353.65, subdivision 3, and 353A.09, subdivision 5.
85.32(c) The county treasurer, upon receipt of the police state aid for the county, shall
85.33apply the total state aid toward the county's employer contribution to the public employees
85.34police and fire fund under section 353.65, subdivision 3.
85.35(d) The designated Metropolitan Airports Commission official, upon receipt of the
85.36police state aid for the Metropolitan Airports Commission, shall apply the total police
86.1state aid toward the commission's employer contribution for police officers to the public
86.2employees police and fire plan under section 353.65, subdivision 3.
86.3(e) The police state aid apportioned to the Departments of Public Safety and Natural
86.4Resources under section 69.021, subdivision 7a, is appropriated to the commissioner of
86.5management and budget for transfer to the funds and accounts from which the salaries of
86.6peace officers certified under section 69.011, subdivision 2b, are paid. The commissioner
86.7of revenue shall certify to the commissioners of public safety, natural resources, and
86.8management and budget the amounts to be transferred from the appropriation for police
86.9state aid. The commissioners of public safety and natural resources shall certify to the
86.10commissioner of management and budget the amounts to be credited to each of the funds
86.11and accounts from which the peace officers employed by their respective departments are
86.12paid. Each commissioner shall allocate the police state aid first for employer contributions
86.13for employees funded from the general fund and then for employer contributions for
86.14employees funded from other funds. For peace officers whose salaries are paid from the
86.15general fund, the amounts transferred from the appropriation for police state aid must
86.16be canceled to the general fund.

86.17    Sec. 23. Minnesota Statutes 2012, section 69.041, is amended to read:
86.1869.041 SHORTFALL FROM GENERAL FUND.
86.19(a) If the annual funding requirements of fire or police relief associations or
86.20consolidation accounts under sections 69.77, 69.771 to 69.775, or 353A.09, or sections
86.2131 to 42, exceed all applicable revenue sources of a given year, including the insurance
86.22premium taxes funding the applicable fire or police state aid as set under section 297I.05,
86.23subdivisions 2, 3, and 4
, the shortfall in the annual funding requirements must be paid
86.24from the general fund to the extent appropriated by the legislature.
86.25(b) Nothing in this section may be deemed to relieve any municipality from its
86.26obligation to a relief association or consolidation account under law.

86.27    Sec. 24. Minnesota Statutes 2012, section 69.051, subdivision 1, is amended to read:
86.28    Subdivision 1. Financial report and audit. (a) The board of each salaried
86.29firefighters the Bloomington Fire Department Relief Association, police relief association,
86.30 and each volunteer firefighters relief association as defined in section 424A.001,
86.31subdivision 4
, with assets of at least $200,000 or liabilities of at least $200,000 in the prior
86.32year or in any previous year, according to the applicable actuarial valuation or according
86.33to the financial report if no valuation is required, shall prepare a financial report covering
87.1the special and general funds of the relief association for the preceding fiscal year, file the
87.2financial report, and submit financial statements.
87.3(b) The financial report must contain financial statements and disclosures which
87.4present the true financial condition of the relief association and the results of relief
87.5association operations in conformity with generally accepted accounting principles and in
87.6compliance with the regulatory, financing and funding provisions of this chapter and any
87.7other applicable laws. The financial report must be countersigned by:
87.8(1) the municipal clerk or clerk-treasurer of the municipality in which the relief
87.9association is located if the relief association is a firefighters relief association which is
87.10directly associated with a municipal fire department or is a police relief association; or
87.11(2) by the municipal clerk or clerk-treasurer of the largest municipality in population
87.12which contracts with the independent nonprofit firefighting corporation if the volunteer
87.13firefighter relief association is a subsidiary of an independent nonprofit firefighting
87.14corporation and by the secretary of the independent nonprofit firefighting corporation; or
87.15(3) by the chief financial official of the county in which the volunteer firefighter
87.16relief association is located or primarily located if the relief association is associated with
87.17a fire department that is not located in or associated with an organized municipality.
87.18(c) The financial report must be retained in its office for public inspection and must
87.19be filed with the governing body of the government subdivision in which the associated
87.20fire department is located after the close of the fiscal year. One copy of the financial report
87.21must be furnished to the state auditor after the close of the fiscal year.
87.22(d) Audited financial statements must be attested to by a certified public accountant
87.23or by the state auditor and must be filed with the state auditor within 180 days after the
87.24close of the fiscal year. The state auditor may accept this report in lieu of the report
87.25required in paragraph (c).

87.26    Sec. 25. Minnesota Statutes 2012, section 69.051, subdivision 1a, is amended to read:
87.27    Subd. 1a. Financial statement. (a) The board of each volunteer firefighters relief
87.28association, as defined in section 424A.001, subdivision 4, that is not required to file a
87.29financial report and audit under subdivision 1 must prepare a detailed statement of the
87.30financial affairs for the preceding fiscal year of the relief association's special and general
87.31funds in the style and form prescribed by the state auditor. The detailed statement must
87.32show:
87.33(1) the sources and amounts of all money received;
87.34(2) all disbursements, accounts payable and accounts receivable;
87.35(3) the amount of money remaining in the treasury;
88.1(4) total assets, including a listing of all investments;
88.2(5) the accrued liabilities; and
88.3(6) all other items necessary to show accurately the revenues and expenditures and
88.4financial position of the relief association.
88.5(b) The detailed financial statement required under paragraph (a) must be certified
88.6by an independent public accountant or auditor or by the auditor or accountant who
88.7regularly examines or audits the financial transactions of the municipality. In addition to
88.8certifying the financial condition of the special and general funds of the relief association,
88.9the accountant or auditor conducting the examination shall give an opinion as to the
88.10condition of the special and general funds of the relief association, and shall comment
88.11upon any exceptions to the report. The independent accountant or auditor must have at
88.12least five years of public accounting, auditing, or similar experience, and must not be an
88.13active, inactive, or retired member of the relief association or the fire or police department.
88.14(c) The detailed statement required under paragraph (a) must be countersigned by:
88.15(1) the municipal clerk or clerk-treasurer of the municipality; or
88.16(2) where applicable, by the municipal clerk or clerk-treasurer of the largest
88.17municipality in population which contracts with the independent nonprofit firefighting
88.18corporation if the relief association is a subsidiary of an independent nonprofit firefighting
88.19corporation and by the secretary of the independent nonprofit firefighting corporation; or
88.20(3) by the chief financial official of the county in which the volunteer firefighter
88.21relief association is located or primarily located if the relief association is associated with
88.22a fire department that is not located in or associated with an organized municipality.
88.23(d) The volunteer firefighters' relief association board must file the detailed statement
88.24required under paragraph (a) in the relief association office for public inspection and
88.25present it to the city council governing body of the municipality within 45 days after the
88.26close of the fiscal year, and must submit a copy of the detailed statement to the state
88.27auditor within 90 days of the close of the fiscal year.

88.28    Sec. 26. Minnesota Statutes 2012, section 69.051, subdivision 1b, is amended to read:
88.29    Subd. 1b. Qualification. The state auditor may, upon a demonstration by a relief
88.30association of hardship or an inability to conform, extend the deadline for reports under
88.31subdivisions 1 or 1a, but not beyond November 30th following the due date. If the
88.32reports are not received by November 30th, the municipality or relief association will
88.33forfeit forfeits its current year state aid, and, until the state auditor receives the required
88.34information, the relief association or municipality will be is ineligible to receive any
88.35future state aid. A municipality or police or firefighters' relief association shall does not
89.1qualify initially to receive, or be entitled subsequently to retain, state aid pursuant to under
89.2this chapter if the financial reporting requirement or the applicable requirements of this
89.3chapter or any other statute or special law have not been complied with or are not fulfilled.

89.4    Sec. 27. Minnesota Statutes 2012, section 69.051, subdivision 2, is amended to read:
89.5    Subd. 2. Treasurers bond. No (a) The treasurer of a the Bloomington Fire
89.6Department Relief Association governed by section 69.77 shall may not enter upon duties
89.7without having given the association a bond in a reasonable amount acceptable to the
89.8municipality for the faithful discharge of duties according to law.
89.9(b) No treasurer of a relief association governed by sections 69.771 to 69.776 shall
89.10 may enter upon the duties of the office until the treasurer has given the association a good
89.11and sufficient bond in an amount equal to at least ten percent of the assets of the relief
89.12association; however, the amount of the bond need not exceed $500,000.

89.13    Sec. 28. Minnesota Statutes 2012, section 69.051, subdivision 3, is amended to read:
89.14    Subd. 3. Report by certain municipalities. (a) The chief administrative officer
89.15of each municipality which has an organized fire department but which does not have a
89.16firefighters' relief association governed by section 69.77 or sections 69.771 to 69.775 and
89.17which is not exempted under paragraph (b) shall annually prepare a detailed financial
89.18report of the receipts and disbursements by the municipality for fire protection service
89.19during the preceding calendar year, on a form prescribed by the state auditor. The financial
89.20report must contain any information which the state auditor deems necessary to disclose
89.21the sources of receipts and the purpose of disbursements for fire protection service.
89.22The financial report must be signed by the municipal clerk or clerk-treasurer of the
89.23municipality. The financial report must be filed by the municipal clerk or clerk-treasurer
89.24with the state auditor on or before July 1 annually. The municipality shall does not qualify
89.25initially to receive, or be and is not entitled subsequently to retain, state aid under this
89.26chapter if the financial reporting requirement or the applicable requirements of this chapter
89.27or any other statute or special law have not been complied with or are not fulfilled.
89.28(b) Each municipality that has an organized fire department and provides retirement
89.29coverage to its firefighters through the voluntary statewide lump-sum volunteer firefighter
89.30retirement plan under chapter 353G qualifies to have fire state aid transmitted to and
89.31retained in the statewide lump-sum volunteer firefighter retirement fund without filing
89.32a detailed financial report if the executive director of the Public Employees Retirement
89.33Association certifies compliance by the municipality with the requirements of sections
90.1353G.04 and 353G.08, paragraph (e), and certifies conformity by the applicable fire chief
90.2with the requirements of section 353G.07.

90.3    Sec. 29. Minnesota Statutes 2012, section 69.051, subdivision 4, is amended to read:
90.4    Subd. 4. Notification by commissioner and state auditor. (a) The state auditor,
90.5 in performing an audit or examination, shall notify the Legislative Commission on
90.6Pensions and Retirement if the audit or examination reveals malfeasance, misfeasance, or
90.7nonfeasance in office by relief association officials or municipal officials.
90.8(b) The commissioner shall notify the Legislative Commission on Pensions and
90.9Retirement if the state auditor has not filed the required financial compliance reports
90.10by July 1.

90.11    Sec. 30. Minnesota Statutes 2012, section 69.33, is amended to read:
90.1269.33 REPORT; AMOUNT OF PREMIUMS RECEIVED BY INSURANCE
90.13COMPANIES.
90.14For purposes of the first class city fire insurance premium tax surcharge aid program
90.15under section 297I.10, the commissioner shall enclose in the annual statement blank that is
90.16sent to all fire insurance companies doing business in this state a blank form containing
90.17the names of all cities of the first class and require these companies, at the time of making
90.18their annual statements to the commissioner, to state on these blanks the amount of
90.19premiums received by them upon properties insured within the corporate limits of the
90.20cities named thereon during the year ending December 31st last past. Thereafter, before
90.21July first each year, the commissioner shall certify to the commissioner of management
90.22and budget the information thus obtained, together with the amount of the tax for the
90.23benefit of the pension plans covering firefighters in cities of the first class paid in such
90.24year by these companies upon these insurance premiums.

90.25    Sec. 31. Minnesota Statutes 2012, section 69.77, subdivision 1, is amended to read:
90.26    Subdivision 1. Conditioned employer support for a the Bloomington Fire
90.27Department Relief Association. (a) Notwithstanding any law to the contrary, only
90.28if the municipality city of Bloomington and the Bloomington Fire Department Relief
90.29Association comply with the provisions of this section, a municipality the city of
90.30Bloomington may contribute public funds, including any applicable police or fire state
90.31aid, or levy property taxes for the support of a police or firefighters' the Bloomington
90.32Fire Department Relief Association, enumerated in subdivision 1a, however organized,
90.33which provides retirement coverage or pays a service pension to a retired police officer or
91.1firefighter or a retirement benefit to a surviving dependent of either an active or retired
91.2police officer or firefighter, and for the operation and maintenance of the relief association.
91.3(b) The commissioner shall not include in the apportionment of police or fire state
91.4aid to the county auditor under section 69.021, subdivision 6, any municipality in which
91.5there exists a local police or salaried firefighters' relief association as enumerated in
91.6subdivision 1a which the city of Bloomington if the Bloomington Fire Department Relief
91.7Association does not comply with the provisions of this section or the provisions of any
91.8applicable special law relating to the funding or financing of the association and that
91.9municipality the city of Bloomington may not qualify initially to receive, or be entitled
91.10subsequently to retain, fire state aid under sections 69.011 to 69.051 until the reason
91.11for the disqualification is remedied, whereupon the municipality city of Bloomington,
91.12if otherwise qualified, is entitled to again receive fire state aid for the year occurring
91.13immediately subsequent to the year in which the disqualification is remedied.
91.14(c) The state auditor and the commissioner shall determine if a municipality with a
91.15local police or salaried firefighters' relief association fails the city of Bloomington and the
91.16Bloomington Fire Department Relief Association fail to comply with the provisions of
91.17this section or the funding or financing provisions of any applicable special law.

91.18    Sec. 32. Minnesota Statutes 2012, section 69.77, subdivision 2, is amended to read:
91.19    Subd. 2. Inapplicable penalty. The penalty provided for in subdivision 1 does not
91.20apply to a the Bloomington Fire Department Relief Association enumerated in subdivision
91.211a if the requirements of subdivisions 3 to 10 are met.

91.22    Sec. 33. Minnesota Statutes 2012, section 69.77, subdivision 4, is amended to read:
91.23    Subd. 4. Relief association financial requirements; minimum municipal
91.24obligation. (a) The officers of the Bloomington Fire Department Relief Association
91.25shall determine the financial requirements of the relief association and the minimum
91.26obligation of the municipality city of Bloomington for the following calendar year in
91.27accordance with the requirements of this subdivision. The financial requirements of the
91.28relief association and the minimum obligation of the municipality city of Bloomington
91.29must be determined on or before the submission date established by the municipality
91.30 city of Bloomington under subdivision 5.
91.31(b) The financial requirements of the relief association for the following calendar
91.32year must be based on the most recent actuarial valuation or survey of the special fund of
91.33the association if more than one fund is maintained by the association, or of the association,
91.34if only one fund is maintained, prepared in accordance with sections 356.215, subdivisions
92.14 to 15, and 356.216, as required under subdivision 10. If an actuarial estimate is prepared
92.2by the actuary of the relief association as part of obtaining a modification of the benefit
92.3plan of the relief association and the modification is implemented, the actuarial estimate
92.4must be used in calculating the subsequent financial requirements of the relief association.
92.5(c) If the relief association has an unfunded actuarial accrued liability as reported in
92.6the most recent actuarial valuation or survey, the total of the amounts calculated under
92.7clauses (1), (2), and (3), constitute the financial requirements of the relief association for
92.8the following year. If the relief association does not have an unfunded actuarial accrued
92.9liability as reported in the most recent actuarial valuation or survey, the amount calculated
92.10under clauses (1) and (2) constitute the financial requirements of the relief association for
92.11the following year. The financial requirement elements are:
92.12(1) the normal level cost requirement for the following year, expressed as a dollar
92.13amount, which must be determined by applying the normal level cost of the relief
92.14association as reported in the actuarial valuation or survey and expressed as a percentage
92.15of covered payroll to the estimated covered payroll of the active membership of the relief
92.16association, including any projected change in the active membership, for the following
92.17year;
92.18(2) for the Bloomington Fire Department Relief Association, to the dollar amount
92.19of normal cost determined under clause (1) must be added an amount equal to the dollar
92.20amount of the administrative expenses of the special fund of the association if more
92.21than one fund is maintained by the association, or of the association if only one fund is
92.22maintained, for the most recent year, multiplied by the factor of 1.035. The administrative
92.23expenses are those authorized under section 69.80; and
92.24(3) to the dollar amount of normal cost and expenses determined under clauses
92.25(1) and (2) must be added an amount equal to the level annual dollar amount which
92.26is sufficient to amortize the unfunded actuarial accrued liability as determined from
92.27the actuarial valuation or survey of the fund, using an interest assumption set at the
92.28applicable rate specified in section 356.215, subdivision 8, by that fund's amortization
92.29date as specified in paragraph (d).
92.30(d) The Bloomington Fire Department Relief Association special fund amortization
92.31date is determined under section 356.216, clause (2). The amortization date specified in
92.32this paragraph supersedes any amortization date specified in any applicable special law.
92.33(d) If the actuarial value of the assets of the special fund of the relief association
92.34exceed the actuarial accrued liability as reported in the most recent actuarial valuation of the
92.35special fund of the relief association, the financial requirements of the relief association are
92.36the amounts calculated under paragraph (c), clauses (1) and (2), reduced by one-tenth of the
93.1amount by which the actuarial value of the assets of the special fund of the relief association
93.2exceeds the actuarial accrued liability of the special fund of the relief association.
93.3(e) The minimum obligation of the municipality is an amount equal to the financial
93.4requirements of the relief association reduced by the estimated amount of member
93.5contributions from covered salary anticipated for the following calendar year and the
93.6estimated amounts amount anticipated for the following calendar year from the applicable
93.7 fire state aid program established under sections 69.011 to 69.051 receivable by the relief
93.8association after any allocation made under section 69.031, subdivision 5, paragraph (b),
93.9clause (2), or 423A.01, subdivision 2, paragraph (a), clause (6), from the local police
93.10and salaried firefighters' relief association amortization aid program established under
93.11section 423A.02, subdivision 1, from the supplementary amortization state-aid program
93.12established under section 423A.02, subdivision 1a, and from the additional amortization
93.13state aid under section 423A.02, subdivision 1b.

93.14    Sec. 34. Minnesota Statutes 2012, section 69.77, subdivision 5, is amended to read:
93.15    Subd. 5. Determination submission. The officers of the relief association shall
93.16submit the determination of the financial requirements of the relief association and of the
93.17minimum obligation of the municipality to the governing body Bloomington City Council
93.18on or before the date established by the municipality city of Bloomington, which may
93.19not be earlier than August 1 and may not be later than September 1 of each year. The
93.20governing body of the municipality Bloomington City Council must ascertain whether or
93.21not the determinations were prepared in accordance with law.

93.22    Sec. 35. Minnesota Statutes 2012, section 69.77, subdivision 6, is amended to read:
93.23    Subd. 6. Municipal payment. (a) The municipality city of Bloomington shall
93.24provide for and shall pay, each year, at least the amount of the minimum obligation of the
93.25municipality city of Bloomington to the Bloomington Fire Department Relief Association.
93.26(b) If there is any deficiency in the municipal payment to meet the minimum
93.27obligation of the municipality city of Bloomington as of the end of any calendar year, the
93.28amount of the deficiency must be added to the minimum obligation of the municipality city
93.29of Bloomington for the following year calculated under subdivision 4 and must include
93.30interest at the compound rate of six percent per annum from the date that the municipality
93.31 city of Bloomington was required to make payment under this subdivision until the date
93.32that the municipality city of Bloomington actually makes the required payment.

93.33    Sec. 36. Minnesota Statutes 2012, section 69.77, subdivision 7, is amended to read:
94.1    Subd. 7. Budget inclusion. (a) The municipality city of Bloomington shall provide
94.2in the annual municipal budget for at least the minimum obligation of the municipality
94.3calculated under subdivision 4.
94.4(b) The municipality city of Bloomington may levy taxes for the payment of the
94.5minimum obligation of the municipality city of Bloomington without any limitation as to
94.6rate or amount and irrespective of limitations imposed by other provisions of law upon the
94.7rate or amount of taxation when the balance of the special fund or any fund of the relief
94.8association has attained a specified minimum asset level. In addition, any taxes levied
94.9under this section may not cause the amount or rate of other taxes levied in that year or to
94.10be levied in a subsequent year by the municipality city of Bloomington which are subject
94.11to a limitation as to rate or amount to be reduced.
94.12(c) If the municipality city of Bloomington does not include the full amount of
94.13the minimum obligation of the municipality city of Bloomington in the levy that the
94.14municipality city of Bloomington certified to the Hennepin County auditor in any year, the
94.15officers of the relief association shall certify the amount of any deficiency to the Hennepin
94.16County auditor. Upon verifying the existence of any deficiency in the levy certified by
94.17the municipality city of Bloomington, the Hennepin County auditor shall spread a levy
94.18over the taxable property of the municipality city of Bloomington in the amount of the
94.19deficiency certified to by the officers of the relief association.

94.20    Sec. 37. Minnesota Statutes 2012, section 69.77, subdivision 8, is amended to read:
94.21    Subd. 8. Accelerated amortization. Any sums of money paid by the municipality
94.22 city of Bloomington to the relief association in excess of the minimum obligation of the
94.23municipality city of Bloomington in any year must be used to amortize any unfunded
94.24actuarial accrued liabilities of the Bloomington Fire Department Relief Association.

94.25    Sec. 38. Minnesota Statutes 2012, section 69.77, subdivision 9, is amended to read:
94.26    Subd. 9. Local paid fire relief association investment authority. (a) The special
94.27fund funds of the association must be invested in securities that are authorized investments
94.28under section 356A.06, subdivision 6 or 7, whichever applies.
94.29(b) The governing board of the Bloomington Fire Department Relief Association
94.30may select and appoint a qualified private firm to measure management performance and
94.31return on investment, and the firm must use the formula or formulas developed by the
94.32State Board of Investment under section 11A.04, clause (11). The governing board of the
94.33Bloomington Fire Department Relief Association may certify general fund assets of the
94.34relief association for investment by the State Board of Investment in fixed income pools
95.1or in a separately managed account at the discretion of the State Board of Investment
95.2as provided in section 11A.14.
95.3(c) The governing board of the association may certify general fund assets of the
95.4relief association for investment by the State Board of Investment in fixed income pools
95.5or in a separately managed account at the discretion of the State Board of Investment
95.6as provided in section 11A.14.

95.7    Sec. 39. Minnesota Statutes 2012, section 69.77, subdivision 10, is amended to read:
95.8    Subd. 10. Actuarial valuation required. The governing board of the Bloomington
95.9Fire Department Relief Association shall obtain an actuarial valuation showing the
95.10condition of the special fund of the relief association under sections 356.215 and 356.216
95.11and any the applicable standards for actuarial work established by the Legislative
95.12Commission on Pensions and Retirement. The actuarial valuation must be made as of
95.13December 31 of every year. A copy of the actuarial valuation must be filed with the
95.14Director of the Legislative Reference Library, the governing body of the municipality in
95.15which the association is organized Bloomington City Council, the executive director of
95.16the Legislative Commission on Pensions and Retirement, and the state auditor, not later
95.17than July 1 of the following year.

95.18    Sec. 40. Minnesota Statutes 2012, section 69.77, subdivision 11, is amended to read:
95.19    Subd. 11. Municipal approval of benefit changes required. Any amendment to
95.20the bylaws or articles of incorporation of a the Bloomington Fire Department Relief
95.21Association which increases or otherwise affects the retirement coverage provided by or
95.22the service pensions or retirement benefits payable from any police or firefighters' the
95.23relief association enumerated in subdivision 1a is not effective until it is ratified by the
95.24municipality in which the relief association is located city of Bloomington. The officers
95.25of the relief association shall not seek municipal ratification before obtaining either an
95.26updated actuarial valuation including the proposed amendment or an estimate of the
95.27expected actuarial impact of the proposed amendment prepared by the actuary of the relief
95.28association and submitting that actuarial valuation or estimate to the Bloomington city
95.29clerk of the municipality.

95.30    Sec. 41. Minnesota Statutes 2012, section 69.77, subdivision 12, is amended to read:
95.31    Subd. 12. Application of other laws to contribution rate. In the absence of any
95.32specific provision to the contrary, no general or special law previously enacted may be
95.33construed as reducing the levy amount or rate of contribution to a police or firefighters the
96.1Bloomington Fire Department Relief Association to which subdivision 1a applies, by a
96.2municipality or member of the association the city of Bloomington, which is required as a
96.3condition for the use of public funds or the levy of taxes for the support of the association.
96.4Each The Bloomington Fire Department Relief Association, the municipality in which
96.5it is organized city of Bloomington, and the officers of each, are authorized to do all
96.6things required by this section as a condition for the use of public funds or the levy of
96.7taxes for the support of the association.

96.8    Sec. 42. Minnesota Statutes 2012, section 69.77, subdivision 13, is amended to read:
96.9    Subd. 13. Citation. This section may be cited as the "Police and Firefighters'
96.10 Bloomington Fire Department Relief Associations Association Guidelines Act of 1969."

96.11    Sec. 43. Minnesota Statutes 2012, section 69.771, subdivision 1, is amended to read:
96.12    Subdivision 1. Covered relief associations. The applicable provisions of sections
96.1369.771 to 69.776 apply to any firefighters' relief association other than a the Bloomington
96.14Fire Department Relief Association enumerated in section 69.77, subdivision 1a, which
96.15is organized under any laws of this state, which is composed of volunteer firefighters or
96.16is composed partially of volunteer firefighters and partially of salaried firefighters with
96.17retirement coverage provided by the public employees police and fire fund and which, in
96.18either case, operates subject to the service pension minimum requirements for entitlement
96.19and maximums contained in section 424A.02, or subject to a special law modifying those
96.20requirements or maximums.

96.21    Sec. 44. Minnesota Statutes 2012, section 69.80, is amended to read:
96.2269.80 AUTHORIZED ADMINISTRATIVE EXPENSES.
96.23(a) Notwithstanding any provision of law to the contrary, the payment of the
96.24following necessary, reasonable and direct expenses of maintaining, protecting and
96.25administering the special fund, when provided for in the bylaws of the association and
96.26approved by the board of trustees, constitutes authorized administrative expenses of a
96.27police, salaried firefighters', or volunteer firefighters' relief association organized under
96.28any law of this state or the Bloomington Fire Department Relief Association:
96.29(1) office expense, including, but not limited to, rent, utilities, equipment, supplies,
96.30postage, periodical subscriptions, furniture, fixtures, and salaries of administrative
96.31personnel;
96.32(2) salaries of the officers of the association, or their designees, and salaries of the
96.33members of the board of trustees of the association if the salary amounts are approved by
97.1the governing body of the entity that is responsible for meeting any minimum obligation
97.2under section 69.77, 69.772, or 69.773, or sections 31 to 42, and the itemized expenses
97.3of relief association officers and board members that are incurred as a result of fulfilling
97.4their responsibilities as administrators of the special fund;
97.5(3) tuition, registration fees, organizational dues, and other authorized expenses
97.6of the officers or members of the board of trustees incurred in attending educational
97.7conferences, seminars, or classes relating to the administration of the relief association;
97.8(4) audit, actuarial, medical, legal, and investment and performance evaluation
97.9expenses;
97.10(5) filing and application fees payable by the relief association to federal or other
97.11governmental entities;
97.12(6) reimbursement to the officers and members of the board of trustees, or their
97.13designees, for reasonable and necessary expenses actually paid and incurred in the
97.14performance of their duties as officers or members of the board; and
97.15(7) premiums on fiduciary liability insurance and official bonds for the officers,
97.16members of the board of trustees, and employees of the relief association.
97.17(b) Any other expenses of the relief association must be paid from the general fund
97.18of the association, if one exists. If a relief association has only one fund, that fund is the
97.19special fund for purposes of this section. If a relief association has a special fund and
97.20a general fund, and any expense of the relief association that is directly related to the
97.21purposes for which both funds were established, the payment of that expense must be
97.22apportioned between the two funds on the basis of the benefits derived by each fund.

97.23    Sec. 45. Minnesota Statutes 2012, section 275.70, subdivision 5, is amended to read:
97.24    Subd. 5. Special levies. "Special levies" means those portions of ad valorem taxes
97.25levied by a local governmental unit for the following purposes or in the following manner:
97.26    (1) to pay the costs of the principal and interest on bonded indebtedness or to
97.27reimburse for the amount of liquor store revenues used to pay the principal and interest
97.28due on municipal liquor store bonds in the year preceding the year for which the levy
97.29limit is calculated;
97.30    (2) to pay the costs of principal and interest on certificates of indebtedness issued for
97.31any corporate purpose except for the following:
97.32    (i) tax anticipation or aid anticipation certificates of indebtedness;
97.33    (ii) certificates of indebtedness issued under sections 298.28 and 298.282;
97.34    (iii) certificates of indebtedness used to fund current expenses or to pay the costs of
97.35extraordinary expenditures that result from a public emergency; or
98.1    (iv) certificates of indebtedness used to fund an insufficiency in tax receipts or an
98.2insufficiency in other revenue sources, provided that nothing in this subdivision limits the
98.3special levy authorized under section 475.755;
98.4    (3) to provide for the bonded indebtedness portion of payments made to another
98.5political subdivision of the state of Minnesota;
98.6    (4) to fund payments made to the Minnesota State Armory Building Commission
98.7under section 193.145, subdivision 2, to retire the principal and interest on armory
98.8construction bonds;
98.9    (5) property taxes approved by voters which are levied against the referendum
98.10market value as provided under section 275.61;
98.11    (6) to fund matching requirements needed to qualify for federal or state grants or
98.12programs to the extent that either (i) the matching requirement exceeds the matching
98.13requirement in calendar year 2001, or (ii) it is a new matching requirement that did not
98.14exist prior to 2002;
98.15    (7) to pay the expenses reasonably and necessarily incurred in preparing for or
98.16repairing the effects of natural disaster including the occurrence or threat of widespread
98.17or severe damage, injury, or loss of life or property resulting from natural causes, in
98.18accordance with standards formulated by the Emergency Services Division of the state
98.19Department of Public Safety, as allowed by the commissioner of revenue under section
98.20275.74, subdivision 2 ;
98.21    (8) pay amounts required to correct an error in the levy certified to the county
98.22auditor by a city or county in a levy year, but only to the extent that when added to the
98.23preceding year's levy it is not in excess of an applicable statutory, special law or charter
98.24limitation, or the limitation imposed on the governmental subdivision by sections 275.70
98.25to 275.74 in the preceding levy year;
98.26    (9) to pay an abatement under section 469.1815;
98.27    (10) to pay any costs attributable to increases in the employer contribution rates under
98.28chapter 353, or locally administered pension plans, that are effective after June 30, 2001;
98.29    (11) to pay the operating or maintenance costs of a county jail as authorized in section
98.30641.01 or 641.262, or of a correctional facility as defined in section 241.021, subdivision 1,
98.31paragraph (f), to the extent that the county can demonstrate to the commissioner of revenue
98.32that the amount has been included in the county budget as a direct result of a rule, minimum
98.33requirement, minimum standard, or directive of the Department of Corrections, or to pay
98.34the operating or maintenance costs of a regional jail as authorized in section 641.262. For
98.35purposes of this clause, a district court order is not a rule, minimum requirement, minimum
98.36standard, or directive of the Department of Corrections. If the county utilizes this special
99.1levy, except to pay operating or maintenance costs of a new regional jail facility under
99.2sections 641.262 to 641.264 which will not replace an existing jail facility, any amount
99.3levied by the county in the previous levy year for the purposes specified under this clause
99.4and included in the county's previous year's levy limitation computed under section
99.5275.71 , shall be deducted from the levy limit base under section 275.71, subdivision 2,
99.6when determining the county's current year levy limitation. The county shall provide the
99.7necessary information to the commissioner of revenue for making this determination;
99.8    (12) to pay for operation of a lake improvement district, as authorized under section
99.9103B.555 . If the county utilizes this special levy, any amount levied by the county in the
99.10previous levy year for the purposes specified under this clause and included in the county's
99.11previous year's levy limitation computed under section 275.71 shall be deducted from
99.12the levy limit base under section 275.71, subdivision 2, when determining the county's
99.13current year levy limitation. The county shall provide the necessary information to the
99.14commissioner of revenue for making this determination;
99.15    (13) to repay a state or federal loan used to fund the direct or indirect required
99.16spending by the local government due to a state or federal transportation project or other
99.17state or federal capital project. This authority may only be used if the project is not a
99.18local government initiative;
99.19    (14) to pay for court administration costs as required under section 273.1398,
99.20subdivision 4b
, less the (i) county's share of transferred fines and fees collected by the
99.21district courts in the county for calendar year 2001 and (ii) the aid amount certified to be
99.22paid to the county in 2004 under section 273.1398, subdivision 4c; however, for taxes
99.23levied to pay for these costs in the year in which the court financing is transferred to the
99.24state, the amount under this clause is limited to the amount of aid the county is certified to
99.25receive under section 273.1398, subdivision 4a;
99.26    (15) to fund a police or firefighters relief association as required under section
99.2769.77 sections 31 to 42 to the extent that the required amount exceeds the amount levied
99.28for this purpose in 2001;
99.29    (16) for purposes of a storm sewer improvement district under section 444.20;
99.30    (17) to pay for the maintenance and support of a city or county society for the
99.31prevention of cruelty to animals under section 343.11, but not to exceed in any year
99.32$4,800 or the sum of $1 per capita based on the county's or city's population as of the most
99.33recent federal census, whichever is greater. If the city or county uses this special levy, any
99.34amount levied by the city or county in the previous levy year for the purposes specified
99.35in this clause and included in the city's or county's previous year's levy limit computed
100.1under section 275.71, must be deducted from the levy limit base under section 275.71,
100.2subdivision 2
, in determining the city's or county's current year levy limit;
100.3    (18) for counties, to pay for the increase in their share of health and human service
100.4costs caused by reductions in federal health and human services grants effective after
100.5September 30, 2007;
100.6    (19) for a city, for the costs reasonably and necessarily incurred for securing,
100.7maintaining, or demolishing foreclosed or abandoned residential properties, as allowed by
100.8the commissioner of revenue under section 275.74, subdivision 2. A city must have either
100.9(i) a foreclosure rate of at least 1.4 percent in 2007, or (ii) a foreclosure rate in 2007 in
100.10the city or in a zip code area of the city that is at least 50 percent higher than the average
100.11foreclosure rate in the metropolitan area, as defined in section 473.121, subdivision 2,
100.12to use this special levy. For purposes of this paragraph, "foreclosure rate" means the
100.13number of foreclosures, as indicated by sheriff sales records, divided by the number of
100.14households in the city in 2007;
100.15    (20) for a city, for the unreimbursed costs of redeployed traffic-control agents and
100.16lost traffic citation revenue due to the collapse of the Interstate 35W bridge, as certified
100.17to the Federal Highway Administration;
100.18    (21) to pay costs attributable to wages and benefits for sheriff, police, and fire
100.19personnel. If a local governmental unit did not use this special levy in the previous year its
100.20levy limit base under section 275.71 shall be reduced by the amount equal to the amount it
100.21levied for the purposes specified in this clause in the previous year;
100.22    (22) an amount equal to any reductions in the certified aids or credit reimbursements
100.23payable under sections 477A.011 to 477A.014, and section 273.1384, due to unallotment
100.24under section 16A.152 or reductions under another provision of law. The amount of the
100.25levy allowed under this clause for each year is limited to the amount unallotted or reduced
100.26from the aids and credit reimbursements certified for payment in the year following the
100.27calendar year in which the tax levy is certified unless the unallotment or reduction amount
100.28is not known by September 1 of the levy certification year, and the local government has
100.29not adjusted its levy under section 275.065, subdivision 6, or 275.07, subdivision 6, in
100.30which case that unallotment or reduction amount may be levied in the following year;
100.31(23) to pay for the difference between one-half of the costs of confining sex offenders
100.32undergoing the civil commitment process and any state payments for this purpose pursuant
100.33to section 253B.185, subdivision 5;
100.34(24) for a county to pay the costs of the first year of maintaining and operating a new
100.35facility or new expansion, either of which contains courts, corrections, dispatch, criminal
100.36investigation labs, or other public safety facilities and for which all or a portion of the
101.1funding for the site acquisition, building design, site preparation, construction, and related
101.2equipment was issued or authorized prior to the imposition of levy limits in 2008. The
101.3levy limit base shall then be increased by an amount equal to the new facility's first full
101.4year's operating costs as described in this clause; and
101.5(25) for the estimated amount of reduction to market value credit reimbursements
101.6under section 273.1384 for credits payable in the year in which the levy is payable.

101.7    Sec. 46. Minnesota Statutes 2012, section 297I.10, subdivision 1, is amended to read:
101.8    Subdivision 1. Cities of the first class. (a) The commissioner shall order and direct
101.9a surcharge to be collected of two percent of the fire, lightning, and sprinkler leakage gross
101.10premiums, less return premiums, on all direct business received by any licensed foreign or
101.11domestic fire insurance company on property in a city of the first class, or by its agents for
101.12it, in cash or otherwise.
101.13(b) By July 31 and December 31 of each year, the commissioner of management
101.14and budget shall pay to the relief association in each city of the first class a warrant for
101.15an amount equal to the total amount of the surcharge on the premiums collected within
101.16the that city since the previous payment.
101.17(c) The treasurer of the relief association city shall place the money received under
101.18this subdivision in the a special account or fund of the relief association to defray all or a
101.19a portion of the employer contribution requirement of public employees police and fire
101.20plan coverage for city firefighters.

101.21    Sec. 47. Minnesota Statutes 2012, section 345.381, is amended to read:
101.22345.381 PROPERTY HELD BY MINNESOTA PUBLIC PENSION FUND.
101.23No amounts of money held or owing by a public pension fund enumerated in section
101.24356.20, subdivision 2 , or 356.30, subdivision 3, or governed by sections 69.77 or 69.771 to
101.2569.776 shall or sections 31 to 42 may be presumed to have been abandoned for purposes of
101.26sections 345.41, 345.42, 345.43, 345.47 and 345.48 if the plan governing the public pension
101.27fund includes a provision governing the disposition of unclaimed amounts of money.

101.28    Sec. 48. Minnesota Statutes 2012, section 353.01, subdivision 2a, is amended to read:
101.29    Subd. 2a. Included employees; mandatory membership. (a) Public employees
101.30whose salary exceeds $425 in any month and who are not specifically excluded under
101.31subdivision 2b or who have not been provided an option to participate under subdivision
101.322d, whether individually or by action of the governmental subdivision, must participate as
101.33members of the association with retirement coverage by the general employees retirement
102.1plan under this chapter, the public employees police and fire retirement plan under this
102.2chapter, or the local government correctional employees retirement plan under chapter
102.3353E, whichever applies. Membership commences as a condition of their employment on
102.4the first day of their employment or on the first day that the eligibility criteria are met,
102.5whichever is later. Public employees include but are not limited to:
102.6(1) persons whose salary meets the threshold in this paragraph from employment in
102.7one or more positions within one governmental subdivision;
102.8(2) elected county sheriffs;
102.9(3) persons who are appointed, employed, or contracted to perform governmental
102.10functions that by law or local ordinance are required of a public officer, including, but
102.11not limited to:
102.12(i) town and city clerk or treasurer;
102.13(ii) county auditor, treasurer, or recorder;
102.14(iii) city manager as defined in section 353.028 who does not exercise the option
102.15provided under subdivision 2d; or
102.16(iv) emergency management director, as provided under section 12.25;
102.17(4) physicians under section 353D.01, subdivision 2, who do not elect public
102.18employees defined contribution plan coverage under section 353D.02, subdivision 2;
102.19(5) full-time employees of the Dakota County Agricultural Society;
102.20(6) employees of the Minneapolis Firefighters Relief Association or Minneapolis
102.21Police Relief Association who are not excluded employees under subdivision 2b due
102.22to coverage by the relief association pension plan and who elected general employee
102.23retirement plan coverage before August 20, 2009;
102.24(7) (6) employees of the Red Wing Port Authority who were first employed by the
102.25Red Wing Port Authority before May 1, 2011, and who are not excluded employees
102.26under subdivision 2b; and
102.27(8) (7) employees of the Seaway Port Authority of Duluth who are not excluded
102.28employees under subdivision 2b.
102.29    (b) A public employee or elected official who was a member of the association on
102.30June 30, 2002, based on employment that qualified for membership coverage by the public
102.31employees retirement plan or the public employees police and fire plan under this chapter,
102.32or the local government correctional employees retirement plan under chapter 353E as of
102.33June 30, 2002, retains that membership for the duration of the person's employment in that
102.34position or incumbency in elected office. Except as provided in subdivision 28, the person
102.35shall participate as a member until the employee or elected official terminates public
102.36employment under subdivision 11a or terminates membership under subdivision 11b.
103.1(c) If the salary of an included public employee is less than $425 in any subsequent
103.2month, the member retains membership eligibility.
103.3(d) For the purpose of participation in the MERF division of the general employees
103.4retirement plan, public employees include employees who were members of the former
103.5Minneapolis Employees Retirement Fund on June 29, 2010, and who participate as
103.6members of the MERF division of the association.

103.7    Sec. 49. Minnesota Statutes 2012, section 353.01, subdivision 2b, is amended to read:
103.8    Subd. 2b. Excluded employees. (a) The following public employees are not eligible
103.9to participate as members of the association with retirement coverage by the general
103.10employees retirement plan, the local government correctional employees retirement plan
103.11under chapter 353E, or the public employees police and fire retirement plan:
103.12    (1) persons whose salary from one governmental subdivision never exceeds $425 in
103.13a month;
103.14(2) public officers who are elected to a governing body, city mayors, or persons who
103.15are appointed to fill a vacancy in an elective office of a governing body, whose term of office
103.16commences on or after July 1, 2002, for the service to be rendered in that elective position;
103.17    (3) election officers or election judges;
103.18    (4) patient and inmate personnel who perform services for a governmental
103.19subdivision;
103.20    (5) except as otherwise specified in subdivision 12a, employees who are hired for
103.21a temporary position as defined under subdivision 12a, and employees who resign from
103.22a nontemporary position and accept a temporary position within 30 days in the same
103.23governmental subdivision;
103.24    (6) employees who are employed by reason of work emergency caused by fire,
103.25flood, storm, or similar disaster;
103.26    (7) employees who by virtue of their employment in one governmental subdivision
103.27are required by law to be a member of and to contribute to any of the plans or funds
103.28administered by the Minnesota State Retirement System, the Teachers Retirement
103.29Association, the Duluth Teachers Retirement Fund Association, and the St. Paul Teachers
103.30Retirement Fund Association, or any police or firefighters relief association governed by
103.31section 69.77 that has not consolidated with the Public Employees Retirement Association,
103.32or any local police or firefighters consolidation account who have not elected the type of
103.33benefit coverage provided by the public employees police and fire fund under sections
103.34353A.01 to 353A.10, or any persons covered by section 353.665, subdivision 4, 5, or 6,
103.35who have not elected public employees police and fire plan benefit coverage. This clause
104.1must not be construed to prevent a person from being a member of and contributing to
104.2the Public Employees Retirement Association and also belonging to and contributing to
104.3another public pension plan or fund for other service occurring during the same period
104.4of time. A person who meets the definition of "public employee" in subdivision 2 by
104.5virtue of other service occurring during the same period of time becomes a member of the
104.6association unless contributions are made to another public retirement fund on the salary
104.7based on the other service or to the Teachers Retirement Association by a teacher as
104.8defined in section 354.05, subdivision 2;
104.9    (8) persons who are members of a religious order and are excluded from coverage
104.10under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
104.11performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
104.12as amended through January 1, 1987, if no irrevocable election of coverage has been made
104.13under section 3121(r) of the Internal Revenue Code of 1954, as amended;
104.14    (9) employees of a governmental subdivision who have not reached the age of
104.1523 and are enrolled on a full-time basis to attend or are attending classes on a full-time
104.16basis at an accredited school, college, or university in an undergraduate, graduate, or
104.17professional-technical program, or a public or charter high school;
104.18    (10) resident physicians, medical interns, and pharmacist residents and pharmacist
104.19interns who are serving in a degree or residency program in public hospitals or clinics;
104.20    (11) students who are serving in an internship or residency program sponsored
104.21by an accredited educational institution;
104.22    (12) persons who hold a part-time adult supplementary technical college license who
104.23render part-time teaching service in a technical college;
104.24    (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
104.25foreign citizens who are employed by a governmental subdivision under a work permit, or
104.26an H-1b visa initially issued or extended for a combined period less than three years of
104.27employment. Upon extension of the employment beyond the three-year period, the foreign
104.28citizens must be reported for membership beginning the first of the month thereafter
104.29provided the monthly earnings threshold as provided under subdivision 2a is met;
104.30    (14) public hospital employees who elected not to participate as members of the
104.31association before 1972 and who did not elect to participate from July 1, 1988, to October
104.321, 1988;
104.33    (15) except as provided in section 353.86, volunteer ambulance service personnel, as
104.34defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
104.35may still qualify as public employees under subdivision 2 and may be members of the
104.36Public Employees Retirement Association and participants in the general employees
105.1retirement plan or the public employees police and fire plan, whichever applies, on the
105.2basis of compensation received from public employment service other than service as
105.3volunteer ambulance service personnel;
105.4    (16) except as provided in section 353.87, volunteer firefighters, as defined in
105.5subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
105.6but a person who is a volunteer firefighter may still qualify as a public employee under
105.7subdivision 2 and may be a member of the Public Employees Retirement Association and
105.8a participant in the general employees retirement plan or the public employees police
105.9and fire plan, whichever applies, on the basis of compensation received from public
105.10employment activities other than those as a volunteer firefighter;
105.11    (17) pipefitters and associated trades personnel employed by Independent School
105.12District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
105.13pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
105.14if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
105.15241, article 2, section 12;
105.16    (18) electrical workers, plumbers, carpenters, and associated trades personnel who
105.17are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
105.18who have retirement coverage under a collective bargaining agreement by the Electrical
105.19Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
105.20or the pension plan applicable to Carpenters Local 87 who were either first employed after
105.21May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
105.22Laws 2000, chapter 461, article 7, section 5;
105.23    (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
105.24painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
105.25or Independent School District No. 625, St. Paul, with coverage under a collective
105.26bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
105.27the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
105.28pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
105.29Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
105.30first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
105.31Session chapter 10, article 10, section 6;
105.32    (20) plumbers who are employed by the Metropolitan Airports Commission, with
105.33coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
105.34who either were first employed after May 1, 2001, or if first employed before May 2,
105.352001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
105.3610, section 6;
106.1    (21) employees who are hired after June 30, 2002, to fill seasonal positions under
106.2subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
106.3days or less in each year of employment with the governmental subdivision;
106.4    (22) persons who are provided supported employment or work-study positions
106.5by a governmental subdivision and who participate in an employment or industries
106.6program maintained for the benefit of these persons where the governmental subdivision
106.7limits the position's duration to three years or less, including persons participating in a
106.8federal or state subsidized on-the-job training, work experience, senior citizen, youth, or
106.9unemployment relief program where the training or work experience is not provided as a
106.10part of, or for, future permanent public employment;
106.11    (23) independent contractors and the employees of independent contractors;
106.12    (24) reemployed annuitants of the association during the course of that
106.13reemployment; and
106.14(25) persons appointed to serve on a board or commission of a governmental
106.15subdivision or an instrumentality thereof.
106.16(b) Any person performing the duties of a public officer in a position defined in
106.17subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
106.18employee of an independent contractor.

106.19    Sec. 50. Minnesota Statutes 2012, section 353.01, subdivision 6, is amended to read:
106.20    Subd. 6. Governmental subdivision. (a) "Governmental subdivision" means a
106.21county, city, town, school district within this state, or a department, unit or instrumentality
106.22of state or local government, or any public body established under state or local
106.23authority that has a governmental purpose, is under public control, is responsible for the
106.24employment and payment of the salaries of employees of the entity, and receives a major
106.25portion of its revenues from taxation, fees, assessments or from other public sources.
106.26    (b) Governmental subdivision also means the Public Employees Retirement
106.27Association, the League of Minnesota Cities, the Association of Metropolitan
106.28Municipalities, charter schools formed under section 124D.10, service cooperatives
106.29exercising retirement plan participation under section 123A.21, subdivision 5, joint powers
106.30boards organized under section 471.59, subdivision 11, paragraph (a), family service
106.31collaboratives and children's mental health collaboratives organized under section 471.59,
106.32subdivision 11, paragraph (b) or (c), provided that the entities creating the collaboratives
106.33are governmental units that otherwise qualify for retirement plan membership, public
106.34hospitals owned or operated by, or an integral part of, a governmental subdivision or
106.35governmental subdivisions, the Association of Minnesota Counties, the Minnesota
107.1Inter-county Association, the Minnesota Municipal Utilities Association, the Metropolitan
107.2Airports Commission, the University of Minnesota with respect to police officers covered
107.3by the public employees police and fire retirement plan, the Minneapolis Employees
107.4Retirement Fund for employment initially commenced after June 30, 1979, the Range
107.5Association of Municipalities and Schools, soil and water conservation districts, economic
107.6development authorities created or operating under sections 469.090 to 469.108, the Port
107.7Authority of the city of St. Paul, the Seaway Port Authority of Duluth, the Red Wing
107.8Port Authority, the Spring Lake Park Fire Department, incorporated, the Lake Johanna
107.9Volunteer Fire Department, incorporated, the Red Wing Environmental Learning Center,
107.10the Dakota County Agricultural Society, and Hennepin Healthcare System, Inc., and the
107.11Minneapolis Firefighters Relief Association and Minneapolis Police Relief Association
107.12with respect to staff covered by the Public Employees Retirement Association general plan.
107.13    (c) Governmental subdivision does not mean any municipal housing and
107.14redevelopment authority organized under the provisions of sections 469.001 to 469.047;
107.15or any port authority organized under sections 469.048 to 469.089 other than the Port
107.16Authority of the city of St. Paul or the Seaway Port Authority of Duluth and other than
107.17the Red Wing Port Authority; or any hospital district organized or reorganized prior to
107.18July 1, 1975, under sections 447.31 to 447.37 or the successor of the district; or the board
107.19of a family service collaborative or children's mental health collaborative organized
107.20under sections 124D.23, 245.491 to 245.495, or 471.59, if that board is not controlled
107.21by representatives of governmental units.
107.22    (d) A nonprofit corporation governed by chapter 317A or organized under Internal
107.23Revenue Code, section 501(c)(3), which is not covered by paragraph (a) or (b), is not a
107.24governmental subdivision unless the entity has obtained a written advisory opinion from
107.25the United States Department of Labor or a ruling from the Internal Revenue Service
107.26declaring the entity to be an instrumentality of the state so as to provide that any future
107.27contributions by the entity on behalf of its employees are contributions to a governmental
107.28plan within the meaning of Internal Revenue Code, section 414(d).
107.29    (e) A public body created by state or local authority may request membership on
107.30behalf of its employees by providing sufficient evidence that it meets the requirements in
107.31paragraph (a).
107.32    (f) An entity determined to be a governmental subdivision is subject to the reporting
107.33requirements of this chapter upon receipt of a written notice of eligibility from the
107.34association.

107.35    Sec. 51. Minnesota Statutes 2012, section 353.01, subdivision 10, is amended to read:
108.1    Subd. 10. Salary. (a) Subject to the limitations of section 356.611, "salary" means:
108.2    (1) the periodic compensation of a public employee, before deductions for deferred
108.3compensation, supplemental retirement plans, or other voluntary salary reduction
108.4programs, and also means "wages" and includes net income from fees; and
108.5    (2) for a public employee who is covered by a supplemental retirement plan under
108.6section 356.24, subdivision 1, clause (8), (9), or (10), which require all plan contributions
108.7be made by the employer, the contribution to the applicable supplemental retirement plan
108.8when an agreement between the parties establishes that the contribution will either result
108.9in a mandatory reduction of employees' wages through payroll withholdings, or be made
108.10in lieu of an amount that would otherwise be paid as wages; and.
108.11    (3) for a public employee who has prior service covered by a local police or
108.12firefighters relief association that has consolidated with the Public Employees Retirement
108.13Association or to which section 353.665 applies and who has elected coverage either
108.14under the public employees police and fire fund benefit plan under section 353A.08
108.15
following the consolidation or under section 353.665, subdivision 4, the rate of salary
108.16upon which member contributions to the special fund of the relief association were made
108.17prior to the effective date of the consolidation as specified by law and by bylaw provisions
108.18governing the relief association on the date of the initiation of the consolidation procedure
108.19and the actual periodic compensation of the public employee after the effective date of
108.20consolidation.
108.21    (b) Salary does not mean:
108.22    (1) the fees paid to district court reporters, unused annual vacation or sick leave
108.23payments, in lump-sum or periodic payments, severance payments, reimbursement of
108.24expenses, lump-sum settlements not attached to a specific earnings period, or workers'
108.25compensation payments;
108.26    (2) employer-paid amounts used by an employee toward the cost of insurance
108.27coverage, employer-paid fringe benefits, flexible spending accounts, cafeteria plans, health
108.28care expense accounts, day care expenses, or any payments in lieu of any employer-paid
108.29group insurance coverage, including the difference between single and family rates that
108.30may be paid to a member with single coverage and certain amounts determined by the
108.31executive director to be ineligible;
108.32    (3) the amount equal to that which the employing governmental subdivision would
108.33otherwise pay toward single or family insurance coverage for a covered employee when,
108.34through a contract or agreement with some but not all employees, the employer:
108.35    (i) discontinues, or for new hires does not provide, payment toward the cost of the
108.36employee's selected insurance coverages under a group plan offered by the employer;
109.1    (ii) makes the employee solely responsible for all contributions toward the cost of
109.2the employee's selected insurance coverages under a group plan offered by the employer,
109.3including any amount the employer makes toward other employees' selected insurance
109.4coverages under a group plan offered by the employer; and
109.5    (iii) provides increased salary rates for employees who do not have any
109.6employer-paid group insurance coverages;
109.7    (4) except as provided in section 353.86 or 353.87, compensation of any kind paid to
109.8volunteer ambulance service personnel or volunteer firefighters, as defined in subdivision
109.935 or 36;
109.10    (5) the amount of compensation that exceeds the limitation provided in section
109.11356.611 ; and
109.12    (6) amounts paid by a federal or state grant for which the grant specifically
109.13prohibits grant proceeds from being used to make pension plan contributions, unless the
109.14contributions to the plan are made from sources other than the federal or state grant.
109.15    (c) Amounts provided to an employee by the employer through a grievance
109.16proceeding or a legal settlement are salary only if the settlement is reviewed by the
109.17executive director and the amounts are determined by the executive director to be
109.18consistent with paragraph (a) and prior determinations.

109.19    Sec. 52. Minnesota Statutes 2012, section 353.01, subdivision 16, is amended to read:
109.20    Subd. 16. Allowable service; limits and computation. (a) "Allowable service"
109.21means:
109.22    (1) service during years of actual membership in the course of which employee
109.23deductions were withheld from salary and contributions were made at the applicable rates
109.24under section 353.27, 353.65, or 353E.03;
109.25(2) periods of service covered by payments in lieu of salary deductions under
109.26sections 353.27, subdivision 12, and 353.35;
109.27    (3) service in years during which the public employee was not a member but for
109.28which the member later elected, while a member, to obtain credit by making payments to
109.29the fund as permitted by any law then in effect;
109.30    (4) a period of authorized leave of absence with pay from which deductions for
109.31employee contributions are made, deposited, and credited to the fund;
109.32    (5) a period of authorized personal, parental, or medical leave of absence without
109.33pay, including a leave of absence covered under the federal Family Medical Leave Act,
109.34that does not exceed one year, and for which a member obtained service credit for each
109.35month in the leave period by payment under section 353.0161 to the fund made in place of
110.1salary deductions. An employee must return to public service and render a minimum of
110.2three months of allowable service in order to be eligible to make payment under section
110.3353.0161 for a subsequent authorized leave of absence without pay. Upon payment, the
110.4employee must be granted allowable service credit for the purchased period;
110.5    (6) a periodic, repetitive leave that is offered to all employees of a governmental
110.6subdivision. The leave program may not exceed 208 hours per annual normal work cycle
110.7as certified to the association by the employer. A participating member obtains service
110.8credit by making employee contributions in an amount or amounts based on the member's
110.9average salary, excluding overtime pay, that would have been paid if the leave had not been
110.10taken. The employer shall pay the employer and additional employer contributions on
110.11behalf of the participating member. The employee and the employer are responsible to pay
110.12interest on their respective shares at the rate of 8.5 percent a year, compounded annually,
110.13from the end of the normal cycle until full payment is made. An employer shall also make
110.14the employer and additional employer contributions, plus 8.5 percent interest, compounded
110.15annually, on behalf of an employee who makes employee contributions but terminates
110.16public service. The employee contributions must be made within one year after the end of
110.17the annual normal working cycle or within 30 days after termination of public service,
110.18whichever is sooner. The executive director shall prescribe the manner and forms to be
110.19used by a governmental subdivision in administering a periodic, repetitive leave. Upon
110.20payment, the member must be granted allowable service credit for the purchased period;
110.21    (7) an authorized temporary or seasonal layoff under subdivision 12, limited to three
110.22months allowable service per authorized temporary or seasonal layoff in one calendar year.
110.23An employee who has received the maximum service credit allowed for an authorized
110.24temporary or seasonal layoff must return to public service and must obtain a minimum of
110.25three months of allowable service subsequent to the layoff in order to receive allowable
110.26service for a subsequent authorized temporary or seasonal layoff;
110.27    (8) a period during which a member is absent from employment by a governmental
110.28subdivision by reason of service in the uniformed services, as defined in United States
110.29Code, title 38, section 4303(13), if the member returns to public service with the same
110.30governmental subdivision upon discharge from service in the uniformed service within the
110.31time frames required under United States Code, title 38, section 4312(e), provided that
110.32the member did not separate from uniformed service with a dishonorable or bad conduct
110.33discharge or under other than honorable conditions. The service must be credited if the
110.34member pays into the fund equivalent employee contributions based upon the contribution
110.35rate or rates in effect at the time that the uniformed service was performed multiplied by
110.36the full and fractional years being purchased and applied to the annual salary rate. The
111.1annual salary rate is the average annual salary, excluding overtime pay, during the purchase
111.2period that the member would have received if the member had continued to be employed
111.3in covered employment rather than to provide uniformed service, or, if the determination
111.4of that rate is not reasonably certain, the annual salary rate is the member's average salary
111.5rate, excluding overtime pay, during the 12-month period of covered employment rendered
111.6immediately preceding the period of the uniformed service. Payment of the member
111.7equivalent contributions must be made during a period that begins with the date on which
111.8the individual returns to public employment and that is three times the length of the
111.9military leave period, or within five years of the date of discharge from the military service,
111.10whichever is less. If the determined payment period is less than one year, the contributions
111.11required under this clause to receive service credit may be made within one year of the
111.12discharge date. Payment may not be accepted following 30 days after termination of
111.13public service under subdivision 11a. If the member equivalent contributions provided for
111.14in this clause are not paid in full, the member's allowable service credit must be prorated
111.15by multiplying the full and fractional number of years of uniformed service eligible for
111.16purchase by the ratio obtained by dividing the total member contributions received by the
111.17total member contributions otherwise required under this clause. The equivalent employer
111.18contribution, and, if applicable, the equivalent additional employer contribution must be
111.19paid by the governmental subdivision employing the member if the member makes the
111.20equivalent employee contributions. The employer payments must be made from funds
111.21available to the employing unit, using the employer and additional employer contribution
111.22rate or rates in effect at the time that the uniformed service was performed, applied to the
111.23same annual salary rate or rates used to compute the equivalent member contribution. The
111.24governmental subdivision involved may appropriate money for those payments. The
111.25amount of service credit obtainable under this section may not exceed five years unless a
111.26longer purchase period is required under United States Code, title 38, section 4312. The
111.27employing unit shall pay interest on all equivalent member and employer contribution
111.28amounts payable under this clause. Interest must be computed at a rate of 8.5 percent
111.29compounded annually from the end of each fiscal year of the leave or the break in service
111.30to the end of the month in which the payment is received. Upon payment, the employee
111.31must be granted allowable service credit for the purchased period; or
111.32(9) a period specified under section 353.0162.
111.33    (b) For calculating benefits under sections 353.30, 353.31, 353.32, and 353.33 for
111.34state officers and employees displaced by the Community Corrections Act, chapter 401,
111.35and transferred into county service under section 401.04, "allowable service" means the
112.1combined years of allowable service as defined in paragraph (a), clauses (1) to (6), and
112.2section 352.01, subdivision 11.
112.3    (c) For a public employee who has prior service covered by a local police or
112.4firefighters relief association that has consolidated with the Public Employees Retirement
112.5Association under chapter 353A or to which section 353.665 applies, and who has
112.6elected the type of benefit coverage provided by the public employees police and fire
112.7fund either under section 353A.08 following the consolidation or under section 353.665,
112.8subdivision 4
, "allowable service" is a period of service credited by the local police or
112.9firefighters relief association as of the effective date of the consolidation based on law
112.10and on bylaw provisions governing the relief association on the date of the initiation
112.11of the consolidation procedure.
112.12    (d) (c) No member may receive more than 12 months of allowable service credit in a
112.13year either for vesting purposes or for benefit calculation purposes. For an active member
112.14who was an active member of the former Minneapolis Firefighters Relief Association
112.15on December 29, 2011, "allowable service" is the period of service credited by the
112.16Minneapolis Firefighters Relief Association as reflected in the transferred records of the
112.17association up to December 30, 2011, and the period of service credited under paragraph
112.18(a), clause (1), after December 30, 2011. For an active member who was an active member
112.19of the former Minneapolis Police Relief Association on December 29, 2011, "allowable
112.20service" is the period of service credited by the Minneapolis Police Relief Association as
112.21reflected in the transferred records of the association up to December 30, 2011, and the
112.22period of service credited under paragraph (a), clause (1), after December 30, 2011.
112.23    (e) (d) MS 2002 [Expired]

112.24    Sec. 53. Minnesota Statutes 2012, section 353.64, subdivision 1a, is amended to read:
112.25    Subd. 1a. Police and fire plan; other members. (a) A person who prior to July
112.261, 1961, was a member of the police and fire plan, by virtue of being a police officer or
112.27firefighter, shall, as long as the person remains in either position, continue membership in
112.28the plan.
112.29(b) A person who was employed by a governmental subdivision as a police officer
112.30and was a member of the police and fire plan on July 1, 1978, by virtue of being a police
112.31officer as defined by this section on that date, and if employed by the same governmental
112.32subdivision in a position in the same department in which the person was employed on
112.33that date, continues to be a member of the plan, whether or not that person has the power
112.34of arrest by warrant and is licensed by the Peace Officers Standards and Training Board
112.35after that date.
113.1(c) (b) A person who was employed as a correctional officer by Rice county before
113.2July 1, 1998, for the duration of employment in the correctional position held on July 1,
113.31998, continues to be a member of the public employees police and fire plan, whether or
113.4not the person has the power of arrest by warrant and is licensed by the Peace Officers
113.5Standards and Training Board after that date.
113.6(d) A person who was employed by a governmental subdivision as a police officer
113.7or a firefighter, whichever applies, was an active member of the local police or salaried
113.8firefighters relief association located in that governmental subdivision by virtue of that
113.9employment as of the effective date of the consolidation as authorized by sections
113.10353A.01 to 353A.10, and has elected coverage by the public employees police and fire
113.11plan, shall become a member of the police and fire plan after that date if employed by
113.12the same governmental subdivision in a position in the same department in which the
113.13person was employed on that date.
113.14(e) Any police officer or firefighter of a relief association that has consolidated
113.15with the association for which the employee has not elected coverage by the public
113.16employees police and fire plan as provided in sections 353A.01 to 353A.10, or any police
113.17officer or firefighter to whom section 353.665 applies who has not elected coverage by
113.18the public employees police and fire plan as provided in section 353.665, subdivision 4,
113.19must become a member of the public employees police and fire plan, but is not subject
113.20to the provisions of sections 353.651 to 353.659 unless an election for such coverage is
113.21made under section 353.665, subdivision 4.

113.22    Sec. 54. Minnesota Statutes 2012, section 353.659, is amended to read:
113.23353.659 LOCAL RELIEF ASSOCIATION CONSOLIDATION ACCOUNT
113.24BENEFITS.
113.25(a) For any person who has had prior service covered by a local police or firefighters
113.26relief association which has consolidated merged with the public employees police and
113.27fire retirement association plan and who has elected the type of benefit coverage provided
113.28by the public employees police and fire fund benefit plan under section 353A.08 following
113.29the consolidation as permitted by the applicable law, any the retirement benefits payable
113.30are governed by the applicable provisions of this chapter.
113.31(b) For any person who has had prior service covered by a local police or firefighters
113.32relief association which has consolidated merged with the public employees police and fire
113.33retirement association plan and who has did not elected elect the type of benefit coverage
113.34provided by the public employees police and fire fund benefit plan under section 353A.08
113.35 following the consolidation as permitted by the applicable law, any the retirement benefits
114.1payable are governed by the provisions of Minnesota Statutes 2012, sections 353B.01 to
114.2353B.13 which apply applied to the applicable former relief association or by section
114.3353.6511 or 353.6512, if applicable.

114.4    Sec. 55. Minnesota Statutes 2012, section 353.665, subdivision 1, is amended to read:
114.5    Subdivision 1. Merger authorized Application. (a) Notwithstanding any
114.6provision of law to the contrary, unless the applicable municipality elects otherwise under
114.7paragraph (b), every This section applies to the local police and fire relief associations or
114.8consolidation account under chapter 353A in existence on March 1, 1999, becomes a part
114.9of accounts that merged with the public employees police and fire plan and fund governed
114.10by sections 353.63 to 353.659 on July 1, 1999 and are specified in paragraph (b).
114.11(b) If a municipality desires to retain its consolidation account The former local
114.12police or fire relief associations or consolidation accounts, whichever applies, the
114.13governing body of the municipality must adopt a resolution to that effect and must file a
114.14copy of the resolution with the secretary of state, the state auditor, the legislative auditor,
114.15the management and budget commissioner, the revenue commissioner, the executive
114.16director of the public employees retirement association, and the executive director of
114.17the Legislative Commission on Pensions and Retirement. The retention election must
114.18apply to both consolidation accounts if the municipality is associated with more than
114.19one consolidation account. The retention resolution must be adopted and filed with all
114.20recipients before June 15, 1999. are:
114.21(1) the former local police and fire consolidation accounts that merged with the public
114.22employees police and fire retirement plan and fund under Laws 1999, chapter 222, article 4;
114.23(2) the former Minneapolis Firefighters Relief Association;
114.24(3) the former Minneapolis Police Relief Association;
114.25(4) the former Fairmont Police Relief Association; and
114.26(5) the former Virginia Fire Consolidation Account.

114.27    Sec. 56. Minnesota Statutes 2012, section 353.665, subdivision 5, is amended to read:
114.28    Subd. 5. Benefit coverage for retirees and benefit recipients certain former local
114.29relief association or consolidation account members. (a) A person who received a
114.30 Except as provided in paragraph (b), (e), or (f), the annuity, service pension, a disability
114.31pension or benefit, or a survivor benefit from a merging attributable to or of a former
114.32member of a former merged local police or fire consolidation account for the month of June
114.331999, and who has did not previously elected participation in the Minnesota postretirement
114.34investment fund for any future postretirement adjustments rather than the postretirement
115.1adjustment mechanism or mechanisms of the relief association benefit plan under
115.2section 353A.08, subdivision 1, may elect participation in the Minnesota postretirement
115.3investment fund for any future postretirement adjustments or retention of the
115.4postretirement adjustment mechanism or mechanisms of the relief association benefit plan
115.5as reflected in the applicable provisions of chapter 353B. This election must be in writing
115.6on a form prescribed by the executive director and must be made before September 1,
115.71999. elect coverage by all or a portion of the public employees police and fire retirement
115.8plan as permitted by applicable law must be calculated or computed under the benefit plan
115.9provisions of the applicable former local police or paid firefighters relief association.
115.10(b) If an eligible person is a minor, the election must be made by the person's
115.11parent or legal guardian. If the eligible person makes no affirmative election under this
115.12subdivision, the person retains the postretirement adjustment mechanism or mechanisms
115.13of the relief association benefit plan as reflected in the applicable provisions of chapter
115.14353B. The annuity, service pension, disability pension or benefit, or survivor benefit
115.15attributable to or of a former member of the former Minneapolis Firefighters Relief
115.16Association or of the former Minneapolis Police Relief Association who had that status as
115.17of December 29, 2011, continue after consolidation in the same amount and under the
115.18same terms as provided in chapter 423B or 423C, respectively, and the bylaws in effect as
115.19of that date, except that the unit value is governed by section 353.01, subdivisions 10a and
115.2010b, respectively, and the postretirement adjustments after December 31, 2015, must be
115.21calculated solely under section 353.6511, subdivision 7.
115.22(c) On behalf of former members of the Minneapolis Firefighters Relief Association
115.23or Minneapolis Police Relief Association, the executive director shall withhold any health
115.24insurance or dental insurance premiums designated by the annuitant or benefit recipient
115.25and shall transfer them to the city of Minneapolis. The Public Employees Retirement
115.26Association may charge a necessary and reasonable monthly administrative fee to the city
115.27of Minneapolis for this function and bill it in addition to the employer contribution under
115.28section 353.65, subdivision 3, paragraph (b). Notwithstanding any provision of chapter
115.2913 to the contrary, the executive director shall provide the city of Minneapolis with the
115.30current addresses of former members of the Minneapolis Firefighters Relief Association
115.31and the Minneapolis Police Relief Association.
115.32(d) The executive director shall cooperate with the Minneapolis firefighters
115.33fraternal association and the Minneapolis police fraternal association to ensure adequate
115.34communications with the former members of the former Minneapolis Firefighters
115.35Relief Association or the Minneapolis Police Relief Association consistent with Public
115.36Employees Retirement Association policy.
116.1(c) The survivor benefit payable on behalf of any service pension or disability
116.2benefit recipient who elects participation in the Minnesota postretirement investment fund
116.3must be calculated under the relief association benefit plan in effect on the effective date
116.4of consolidation under chapter 353A as reflected in the applicable provisions of chapter
116.5353B. (e) The annuity, service pension, disability pension or benefit, or survivor benefit
116.6attributable to or of a former member of the former Fairmont Police Relief Association
116.7must be calculated or computed under Minnesota Statutes 2000, sections 423.41 to
116.8423.46, 423.48 to 423.59, 423.61, and 423.62; Laws 1963, chapter 423; Laws 1977,
116.9chapter 100; and Laws 1999, chapter 222, article 3, section 4, except that the annual
116.10base salary figure for pension and benefit determinations upon consolidation and for
116.11the balance of calendar year 2012 is $106,666.67 and after December 31, 2012, annual
116.12postretirement adjustments of pensions and benefits in force must be calculated solely
116.13under section 356.415, subdivision 1c.
116.14(f) The annuity, service pension, disability pension or benefit, or survivor benefit
116.15attributable to or of a former member of the former Virginia firefighters consolidation
116.16account must be calculated or computed under the election made under Minnesota
116.17Statutes 2012, section 353A.08, unless the person made a subsequent election under
116.18Minnesota Statutes 2012, section 353.6691, subdivision 4, subject to any additional ad hoc
116.19postretirement adjustment under Minnesota Statutes 2012, section 353.6691, subdivision
116.205, paragraph (d).

116.21    Sec. 57. Minnesota Statutes 2012, section 353.665, subdivision 8, is amended to read:
116.22    Subd. 8. Member and employer contributions. (a) Effective on the first day of the
116.23first full pay period following June 30, 1999, Except as provided in paragraph (b), (c),
116.24or (d), the employee contribution rate for merging merged former consolidation account
116.25active members is the rate specified in section 353.65, subdivision 2, and the regular
116.26municipal contribution rate on behalf of merged former consolidation account active
116.27members is the rate specified in section 353.65, subdivision 3.
116.28(b) The municipality associated with a merging former local consolidation account
116.29that had a positive value amortizable base calculation under subdivision 7, paragraph (d),
116.30after the preliminary calculation or the second calculation, whichever applies, must make
116.31an additional municipal contribution to the public employees police and fire plan for
116.32the period from January 1, 2000, to December 31, 2009. The amount of the additional
116.33municipal contribution is the amount calculated by the actuary retained under section
116.34356.214 and certified by the executive director of the Public Employees Retirement
116.35Association by which the amortizable base amount would be amortized on a level dollar
117.1annual end-of-the-year contribution basis, using an 8.5 percent interest rate assumption.
117.2The additional municipal contribution is payable during the month of January, is without
117.3any interest, or if made after January 31, but before the next following December 31,
117.4is payable with interest for the period since January 1 at a rate which is equal to the
117.5preretirement interest rate assumption specified in section 356.215, subdivision 8,
117.6applicable to the public employees police and fire fund expressed as a monthly rate and
117.7compounded on a monthly basis or if made after December 31 of the year in which the
117.8additional municipal contribution is due is payable with interest at a rate which is four
117.9percent greater than the highest interest rate assumption specified in section 356.215,
117.10subdivision 8
, expressed as a monthly rate and compounded monthly from January 1 of the
117.11year in which the additional municipal contribution is due until the date on which payment
117.12is made. With respect to active members of the merged former Minneapolis Firefighters
117.13Relief Association and the merged former Minneapolis Police Relief Association, there are
117.14no employee contributions payable and the employer contribution on behalf of those active
117.15members is at the rate specified in section 353.65, subdivision 3, applied to the active
117.16member's salary. In addition, an additional municipal contribution is payable by the city of
117.17Minneapolis annually on July 15, set at the amount calculated as of December 30, 2011, as
117.18sufficient to amortize, on a level annual dollar basis by December 31, 2031, the unfunded
117.19present value figure calculated as required by Minnesota Statutes 2012, section 353.667,
117.20subdivision 6, paragraph (a), and Minnesota Statutes 2012, section 353.668, subdivision
117.216, paragraph (a). If the postretirement or preretirement interest rate actuarial assumption
117.22applicable to the public employees police and fire retirement plan under section 356.215,
117.23subdivision 8, is modified from the rates specified in Minnesota Statutes 2010, section
117.24356.215, subdivision 8, the remainder present value of future benefits amount calculation
117.25under Minnesota Statutes 2012, section 353.667, subdivision 6, and Minnesota Statutes
117.262012, section 353.668, subdivision 6, paragraph (a), updated for the passage of time, must
117.27be revised and the amortization contribution by the city of Minneapolis for the balance
117.28of the amortization period must be redetermined by the actuary retained under section
117.29356.214 and certified by the executive director to the city of Minneapolis.
117.30(c) If there are assets of the former Fairmont Police Relief Association in excess of
117.31the present value of future benefits as of June 29, 2012, these assets must be credited to an
117.32interest-bearing suspense account within the public employees police and fire retirement
117.33fund, must be used to offset any amount payable under paragraph (a) until June 30, 2015,
117.34and, after June 30, 2015, must be paid to the city of Fairmont. The suspense account must
117.35be credited with the same rate of investment return as the public employees police and fire
117.36retirement fund. If, after June 29, 2012, the postretirement or preretirement interest rate
118.1actuarial assumption applicable to the public employees police and fire retirement plan
118.2under section 356.215, subdivision 8, is modified from the rates specified in Minnesota
118.3Statutes 2010, section 356.215, subdivision 8, the remainder present value of future
118.4benefits amount calculation under paragraph (a), updated for the passage of time, must be
118.5revised and the amortization contribution by the city of Fairmont for the balance of the
118.6amortization period must be redetermined by the actuary retained under section 356.214
118.7and certified by the executive director to the city of Fairmont.
118.8(d) If there was a remainder present value of future benefits amounts under
118.9Minnesota Statutes 2012, section 353.6691, subdivision 5, paragraph (a), the city of
118.10Virginia shall pay an additional municipal contribution annually on or before December
118.1131 sufficient to amortize on a level annual dollar basis by December 31, 2020, that
118.12remainder present value of future benefits amounts of the former Virginia fire department
118.13consolidation account. If, after June 29, 2012, the postretirement or preretirement interest
118.14rate actuarial assumption applicable to the public employees police and fire retirement plan
118.15under section 356.215, subdivision 8, is modified from the rates specified in Minnesota
118.16Statutes 2010, section 356.215, subdivision 8, the remainder present value of future
118.17benefits amount calculation under paragraph (a), updated for the passage of time, must be
118.18revised and any amortization contribution by the city of Virginia for the balance of the
118.19amortization period must be redetermined by the actuary retained under section 356.214
118.20and certified by the executive director to the city of Virginia.

118.21    Sec. 58. Minnesota Statutes 2012, section 353.71, subdivision 1, is amended to read:
118.22    Subdivision 1. Eligibility. Any person who has been a member of a defined
118.23benefit retirement plan administered by the Public Employees Retirement Association,
118.24or a retirement plan administered by the Minnesota State Retirement System, or the
118.25Teachers Retirement Association, or any other public retirement system in the state of
118.26Minnesota having a like provision, except a retirement plan providing benefits for police
118.27officers or firefighters governed by sections 69.77 or 69.771 to 69.776, or by sections 31
118.28to 42, is entitled, when qualified, to an annuity from each retirement plan if the total
118.29allowable service in all retirement plans or in any two of these retirement plans totals the
118.30number of years of allowable service required to receive a normal retirement annuity for
118.31that retirement plan, provided that no portion of the allowable service upon which the
118.32retirement annuity from one retirement plan is based is again used in the computation for
118.33benefits from another retirement plan and provided further that the person has not taken a
118.34refund from any one of these retirement plans since the person's membership in that
118.35association or system last terminated. The annuity from each fund must be determined by
119.1the appropriate provisions of the law except that the requirement that a person must have
119.2at least a specific minimum period of allowable service in the respective association or
119.3system does not apply for the purposes of this section if the combined service in two or
119.4more of these retirement plans equals the number of years of allowable service required to
119.5receive a normal retirement annuity for that retirement plan.

119.6    Sec. 59. Minnesota Statutes 2012, section 356.20, subdivision 2, is amended to read:
119.7    Subd. 2. Covered public pension plans and funds. This section applies to the
119.8following public pension plans:
119.9    (1) the general state employees retirement plan of the Minnesota State Retirement
119.10System;
119.11    (2) the general employees retirement plan of the Public Employees Retirement
119.12Association;
119.13    (3) the Teachers Retirement Association;
119.14    (4) the State Patrol retirement plan;
119.15    (5) the St. Paul Teachers Retirement Fund Association;
119.16    (6) the Duluth Teachers Retirement Fund Association;
119.17    (7) the University of Minnesota faculty retirement plan;
119.18    (8) the University of Minnesota faculty supplemental retirement plan;
119.19    (9) the judges retirement fund;
119.20    (10) a police or firefighter's relief association specified or described in section 69.77,
119.21subdivision 1a
the Bloomington Fire Department Relief Association;
119.22    (11) a volunteer firefighter relief association governed by section 69.771, subdivision
119.231
;
119.24    (12) the public employees police and fire plan of the Public Employees Retirement
119.25Association;
119.26    (13) the correctional state employees retirement plan of the Minnesota State
119.27Retirement System;
119.28    (14) the local government correctional service retirement plan of the Public
119.29Employees Retirement Association; and
119.30(15) the voluntary statewide lump-sum volunteer firefighter retirement plan.

119.31    Sec. 60. Minnesota Statutes 2012, section 356.215, subdivision 18, is amended to read:
119.32    Subd. 18. Establishment of actuarial assumptions. (a) Before July 2, 2010, the
119.33actuarial assumptions used for the preparation of actuarial valuations under this section
119.34that are other than preretirement interest, postretirement interest, salary increase, and
120.1payroll increase may be changed only with the approval of the Legislative Commission on
120.2Pensions and Retirement or after a period of one year has elapsed since the date on which
120.3the proposed assumption change or changes were received by the Legislative Commission
120.4on Pensions and Retirement without commission action.
120.5    (b) After July 1, 2010, the actuarial assumptions used for the preparation of actuarial
120.6valuations under this section that are other than postretirement interest and preretirement
120.7interest may be changed only with the approval of the Legislative Commission on
120.8Pensions and Retirement or after a period of one year has elapsed since the date on which
120.9the proposed assumption change or changes were received by the Legislative Commission
120.10on Pensions and Retirement without commission action.
120.11    (c) A change in the applicable actuarial assumptions may be proposed by the
120.12governing board of the applicable pension fund or relief association, by the actuary
120.13retained by the joint retirement systems under section 356.214 or by the actuary retained
120.14by a local police or firefighters relief association governed by sections 69.77 or 69.771 to
120.1569.776 or by sections 31 to 42, if one is retained.

120.16    Sec. 61. Minnesota Statutes 2012, section 356.216, is amended to read:
120.17356.216 CONTENTS OF ACTUARIAL VALUATIONS FOR LOCAL
120.18POLICE AND FIRE FUNDS MONTHLY VOLUNTEER FIREFIGHTER RELIEF
120.19ASSOCIATIONS.
120.20The provisions of section 356.215 that govern the contents of actuarial valuations
120.21must apply to the Bloomington Fire Department Relief Association and to any local police
120.22or fire pension fund or monthly volunteer firefighter relief association required to make
120.23an actuarial report under this section, except as follows:
120.24(1) in calculating normal cost and other requirements, if required to be expressed as
120.25a level percentage of covered payroll, the salaries used in computing covered payroll must
120.26be the maximum rate of salary on which retirement and survivorship credits and amounts
120.27of benefits are determined and from which any member contributions are calculated and
120.28deducted;
120.29(2) (1) in lieu of the amortization date specified in section 356.215, subdivision
120.3011
, the appropriate amortization target date specified in clause (2) or section 69.77,
120.31subdivision 4
, or 69.773, subdivision 4, clause paragraph (c), must be used in calculating
120.32any required amortization contribution, except that if the actuarial report;
120.33(2) for the Bloomington Fire Department Relief Association indicates an, any
120.34 unfunded actuarial accrued liability, the unfunded obligation is to must be amortized on
120.35a level dollar basis by December 31 of the year occurring 20 years later after the year
121.1in which the unfunded actuarial accrued liability initially occurred, and, if subsequent
121.2actuarial valuations for the Bloomington Fire Department Relief Association determine
121.3 indicate a net actuarial experience loss incurred during the year which ended as of the day
121.4before the most recent actuarial valuation date, any unfunded actuarial accrued liability
121.5due to that loss is to be amortized on a level dollar basis by December 31 of the year
121.6occurring 20 years later after the year in which the net actuarial experience loss occurred;
121.7(3) in addition to the tabulation of active members and annuitants provided for in
121.8section 356.215, subdivision 13, the member contributions for active members for the
121.9calendar year and the prospective annual retirement annuities service pensions under the
121.10benefit plan for active members must be reported;
121.11(4) actuarial valuations required under section 39 must be made annually and
121.12actuarial valuations required under section 69.773, subdivision 2, must be made at least
121.13 every four years and actuarial valuations required under section 69.77 shall be made
121.14annually or as frequently as required by generally accepted accounting principles in the
121.15government sector, whichever frequency requirement is shorter;
121.16(5) the actuarial balance sheet showing accrued assets valued at market value if the
121.17actuarial valuation is required to be prepared at least every four years or valued as current
121.18assets under section 356.215, subdivision 1, paragraph (b) or (f), whichever applies, if the
121.19actuarial valuation is required to be prepared annually, actuarial accrued liabilities, and the
121.20unfunded actuarial accrued liability must include the following required reserves:
121.21(i) for active members:
121.221. (A) retirement benefits or service pensions;
121.232. (B) disability benefits; and
121.243. refund liability due to death or withdrawal;
121.254. (C) survivors' benefits;
121.26(ii) for deferred annuitants' benefits;
121.27(iii) for former members without vested rights;
121.28(iv) for annuitants;:
121.291. (A) retirement annuities or service pensions;
121.302. (B) disability annuities; and
121.313. surviving spouses' annuities;
121.324. surviving children's annuities; (C) survivor benefits.
121.33In addition to those required reserves, separate items must be shown for additional
121.34benefits, if any, which may not be appropriately included in the reserves listed above; and
121.35(6) actuarial valuations are due to be filed with the state auditor by the first day of
121.36the seventh month after the end of the fiscal year which the actuarial valuation covers.

122.1    Sec. 62. Minnesota Statutes 2012, section 356.219, subdivision 1, is amended to read:
122.2    Subdivision 1. Report required. (a) The State Board of Investment, on behalf
122.3of the public pension funds and programs for which it is the investment authority, and
122.4any Minnesota public pension plan that is not fully invested through the State Board of
122.5Investment, including the Bloomington Fire Department Relief Association and a local
122.6police or volunteer firefighters relief association governed by sections 69.77 or 69.771 to
122.769.775 , shall report the information specified in subdivision 3 to the state auditor. The
122.8state auditor may prescribe a form or forms for the purposes of the reporting requirements
122.9contained in this section.
122.10(b) The Bloomington Fire Department Relief Association and a local police or
122.11 volunteer firefighters relief association governed by section 69.77 or sections 69.771 to
122.1269.775 is fully invested during a given calendar year for purposes of this section if all
122.13assets of the applicable pension plan beyond sufficient cash equivalent investments to
122.14cover six months expected expenses are invested under section 11A.17. The board of any
122.15fully invested public pension plan remains responsible for submitting investment policy
122.16statements and subsequent revisions as required by subdivision 3, paragraph (a).
122.17(c) For purposes of this section, the State Board of Investment is considered to be
122.18the investment authority for any Minnesota public pension fund required to be invested by
122.19the State Board of Investment under section 11A.23, or for any Minnesota public pension
122.20fund authorized to invest in the supplemental investment fund under section 11A.17 and
122.21which is fully invested by the State Board of Investment.
122.22(d) This section does not apply to the following plans:
122.23(1) the Minnesota unclassified employees retirement program under chapter 352D;
122.24(2) the public employees defined contribution plan under chapter 353D;
122.25(3) the individual retirement account plans under chapters 354B and 354D;
122.26(4) the higher education supplemental retirement plan under chapter 354C;
122.27(5) any alternative retirement benefit plan established under section 383B.914; and
122.28(6) the University of Minnesota faculty retirement plan.

122.29    Sec. 63. Minnesota Statutes 2012, section 356.219, subdivision 2, is amended to read:
122.30    Subd. 2. Asset class definition. (a) For purposes of this section, "asset class"
122.31means any of the following asset groupings as authorized in applicable law, bylaws, or
122.32articles of incorporation:
122.33(1) cash and any cash equivalent investments with maturities of one year or less
122.34when issued;
123.1(2) debt securities with maturities greater than one year when issued, including
123.2but not limited to mortgage participation certificates and pools, asset backed securities,
123.3guaranteed investment contracts, and authorized government and corporate obligations of
123.4corporations organized under laws of the United States or any state, or the Dominion of
123.5Canada or its provinces;
123.6(3) stocks or convertible issues of any corporation organized under laws of the
123.7United States or any state, or the Dominion of Canada or its provinces, or any corporation
123.8listed on the New York Stock Exchange or the American Stock Exchange;
123.9(4) international stocks or convertible issues;
123.10(5) international debt securities; and
123.11(6) real estate and venture capital.
123.12(b) If the pension plan is investing under section 69.77, subdivision 9, section 69.775,
123.13or any other applicable law, in open-end investment companies registered under the
123.14federal Investment Company Act of 1940, or in the Minnesota supplemental investment
123.15fund under section 11A.17, this investment must be included under an asset class indicated
123.16in paragraph (a), clauses (1) through (6), as appropriate. If the investment vehicle includes
123.17underlying securities from more than one asset class as indicated by paragraph (a), clauses
123.18(1) through (6), the investment may be treated as a separate asset class.

123.19    Sec. 64. Minnesota Statutes 2012, section 356.219, subdivision 8, is amended to read:
123.20    Subd. 8. Timing of reports. (a) For salaried firefighter relief associations, police
123.21 the Bloomington Fire Department Relief associations, Association and the volunteer
123.22firefighter relief associations, the information required under this section must be
123.23submitted by the due date for reports required under section 69.051, subdivision 1 or 1a,
123.24as applicable. If a relief association satisfies the definition of a fully invested plan under
123.25subdivision 1, paragraph (b), for the calendar year covered by the report required under
123.26section 69.051, subdivision 1 or 1a, as applicable, the chief administrative officer of
123.27the covered pension plan shall certify that compliance on a form prescribed by the state
123.28auditor. The state auditor shall transmit annually to the State Board of Investment a list or
123.29lists of covered pension plans which submitted certifications in order to facilitate reporting
123.30by the State Board of Investment under paragraph (c).
123.31(b) For the St. Paul Teachers Retirement Fund Association, the Duluth Teachers
123.32Retirement Fund Association, and the University of Minnesota faculty supplemental
123.33retirement plan, the information required under this section must be submitted to the state
123.34auditor by June 1 of each year.
124.1(c) The State Board of Investment, on behalf of pension funds specified in
124.2subdivision 1, paragraph (c), must report information required under this section by
124.3September 1 of each year.

124.4    Sec. 65. Minnesota Statutes 2012, section 356.406, subdivision 1, is amended to read:
124.5    Subdivision 1. Definitions. (a) Each of the words or terms defined in this
124.6subdivision has the meaning indicated.
124.7(b) "Public pension plan" means any retirement plan or fund enumerated in section
124.8356.20, subdivision 2 , or 356.30, subdivision 3, the Bloomington Fire Department Relief
124.9Association, any relief association governed by section 69.77 or sections 69.771 to
124.1069.775 , any retirement plan governed by chapter 354B or 354C, the Hennepin County
124.11supplemental retirement plan governed by sections 383B.46 to 383B.52, or any housing
124.12and redevelopment authority retirement plan.
124.13(c) "Public pension plan member" means a person who is a participant covered by
124.14a public pension plan; a former participant of a public pension plan who has sufficient
124.15service to be entitled to receive a future retirement annuity or service pension; a recipient
124.16of a retirement annuity, service pension, or disability benefit from a public pension plan; or
124.17a former participant of a public pension plan who has member or employee contributions
124.18to the person's credit in the public pension plan.
124.19(d) "Survivor" means the surviving spouse, a former spouse, a surviving child, a
124.20joint annuitant, a designated recipient of a second or remainder portion of an optional
124.21annuity form, a beneficiary, or the estate of a deceased public pension plan member, as
124.22those terms are commonly understood or defined in the benefit plan document of the
124.23public pension plan.
124.24(e) "Survivor benefit" means a surviving spouse benefit, surviving child benefit,
124.25second or remainder portion of an optional annuity form, a death benefit, a funeral benefit,
124.26or a refund of member or employee contributions payable on account of the death of a
124.27public pension plan member as provided for in the benefit plan document of the public
124.28pension plan.

124.29    Sec. 66. Minnesota Statutes 2012, section 356A.01, subdivision 19, is amended to read:
124.30    Subd. 19. Pension fund. "Pension fund" means the assets amassed and held in a
124.31pension plan, other than the general fund, as reserves for present and future payment
124.32of benefits and administrative expenses. For the Bloomington Fire Department Relief
124.33Association or a retirement plan governed by section 69.77 or by chapter 424A, the term
124.34means the relief association special fund.

125.1    Sec. 67. Minnesota Statutes 2012, section 356A.06, subdivision 4, is amended to read:
125.2    Subd. 4. Economic interest statement. (a) Each member of the governing board
125.3of a covered pension plan and the chief administrative officer of the plan shall file with
125.4the plan a statement of economic interest.
125.5(b) For a covered pension plan other than a plan specified in paragraph (c), the
125.6statement must contain the information required by section 10A.09, subdivision 5, and
125.7any other information that the fiduciary or the governing board of the plan determines is
125.8necessary to disclose a reasonably foreseeable potential or actual conflict of interest.
125.9(c) For a covered pension plan governed by sections 69.771 to 69.776 or a covered
125.10pension plan governed by section 69.77 with the Bloomington Fire Department Relief
125.11Association if its special fund assets are under $8,000,000, the statement must contain
125.12the following:
125.13(1) the person's principal occupation and principal place of business;
125.14(2) whether or not the person has an ownership of or interest of ten percent or greater
125.15in an investment security brokerage business, a real estate sales business, an insurance
125.16agency, a bank, a savings and loan, or another financial institution; and
125.17(3) any relationship or financial arrangement that can reasonably be expected to
125.18give rise to a conflict of interest.
125.19(d) The statement must be filed annually with the chief administrative officer of
125.20the plan and be available for public inspection during regular office hours at the office
125.21of the pension plan.
125.22(e) A disclosure form meeting the requirements of the federal Investment Advisers
125.23Act of 1940, United States Code, title 15, sections 80b-1 to 80b-21 as amended, and
125.24filed with the State Board of Investment or the pension plan meets the requirements of
125.25this subdivision.
125.26(f) The chief administrative officer of each covered pension plan, by January 15,
125.27annually, shall transmit a certified listing of all individuals who have filed statements of
125.28economic interest with the plan under this subdivision during the preceding 12 months
125.29and the address of the office referenced in paragraph (d) to the Campaign Finance and
125.30Public Disclosure Board.

125.31    Sec. 68. Minnesota Statutes 2012, section 356A.07, subdivision 2, is amended to read:
125.32    Subd. 2. Annual financial report. A covered pension plan shall provide each
125.33active plan participant and benefit recipient with a copy of the most recent annual financial
125.34report required by section 356.20 and a copy of the most recent actuarial evaluation,
126.1if any, required by section 69.77, 69.773, 356.215, or 356.216, or by section 39, or a
126.2summary of those reports.

126.3    Sec. 69. Minnesota Statutes 2012, section 423A.02, subdivision 1, is amended to read:
126.4    Subdivision 1. Amortization state aid. (a) A municipality in which is located a local
126.5police or salaried firefighters relief association to which the provisions of section 69.77,
126.6apply, that had an unfunded actuarial accrued liability in the most recent relief association
126.7actuarial valuation, is entitled, upon application as required by the commissioner of
126.8revenue, to receive local police and salaried firefighters' relief association amortization
126.9state aid if the municipality and the appropriate relief association both comply with the
126.10applicable provisions of sections 69.031, subdivision 5, 69.051, subdivisions 1 and 3, and
126.1169.77. The cities of Fairmont and Minneapolis are entitled, subject to subdivisions 2, 4,
126.12and 5, to receive amortization state aid under this section.
126.13(b) The total amount of amortization state aid to all entitled municipalities must not
126.14exceed $5,055,000 the appropriation under subdivision 3a.
126.15(c) Subject to the adjustment for the city of Minneapolis provided in this paragraph,
126.16the amount of amortization state aid to which a municipality is entitled annually is an
126.17amount equal to the level annual dollar amount required to amortize, by December 31,
126.182010, the unfunded actuarial accrued liability of the special fund of the appropriate
126.19relief association as reported in the December 31, 1978, actuarial valuation of the relief
126.20association prepared under sections 356.215 and 356.216, reduced by the dollar amount
126.21required to pay the interest on the unfunded actuarial accrued liability of the special fund of
126.22the relief association for calendar year 1981 set at the rate specified in Minnesota Statutes
126.231978, section 356.215, subdivision 8. For the city of Minneapolis, the amortization state
126.24aid amount thus determined must be reduced by $747,232 on account of the former
126.25Minneapolis Police Relief Association and by $772,768 on account of the former
126.26Minneapolis Fire Department Relief Association. The amortization state aid amounts are:
126.27
City
Aid Amount
126.28
Fairmont
$24,172
126.29
Minneapolis
$2,728,547
126.30If the amortization state aid amounts determined under this paragraph exceed the
126.31amount appropriated for this purpose under subdivision 3a, the amortization state aid for
126.32actual allocation must be reduced pro rata.
126.33(d) Each municipality is eligible for an amortization state aid payment in a fiscal
126.34year if:
127.1(1) for Fairmont, the executive director of the Public Employees Retirement
127.2Association certifies on or before June 30 that a municipal contribution with respect to the
127.3former Fairmont Police Relief Association is payable in the upcoming fiscal year under
127.4section 353.665, subdivision 8, paragraph (c); and
127.5(2) for Minneapolis, the executive director of the Public Employees Retirement
127.6Association certifies on or before June 30 that an additional employer contribution with
127.7respect to either the former Minneapolis Firefighters Relief Association or the former
127.8Minneapolis Police Relief Association is payable in the upcoming fiscal year under section
127.9353.665, subdivision 8, paragraph (b).
127.10Payment of amortization state aid to municipalities must be made directly to
127.11the municipalities involved in three equal installments on July 15, September 15, and
127.12November 15 annually. Upon receipt of amortization state aid, the municipal treasurer
127.13shall transmit the aid amount to the treasurer custodian of the local relief association trust
127.14fund or to the executive director of the public employees police and fire retirement fund,
127.15whichever applies, for immediate deposit in the special fund of the relief association.
127.16(e) The commissioner of revenue shall administer the amortization state aid program.
127.17The commissioner shall prescribe and periodically revise, as necessary, the form for and
127.18 required content of the application certifications for the amortization state aid.
127.19(f) The amount required under this section, as provided in subdivision 3a, is
127.20appropriated annually from the general fund to the commissioner of revenue.

127.21    Sec. 70. Minnesota Statutes 2012, section 423A.02, subdivision 1b, is amended to read:
127.22    Subd. 1b. Additional amortization state aid. (a) Annually, on October 1, the
127.23commissioner of revenue shall allocate the additional amortization state aid transferred
127.24under section 69.021, subdivision 11, to:
127.25    (1) all police or salaried firefighters relief associations governed by and in full
127.26compliance with the requirements of section 69.77, that had an unfunded actuarial accrued
127.27liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the
127.28preceding December 31;
127.29    (2) all local police or salaried firefighter consolidation accounts governed by chapter
127.30353A that are certified by the executive director of the public employees retirement
127.31association as having for the current fiscal year an additional municipal contribution
127.32amount under section 353A.09, subdivision 5, paragraph (b), and that have implemented
127.33section 353A.083, subdivision 1, if the effective date of the consolidation preceded May
127.3424, 1993, and that have implemented section 353A.083, subdivision 2, if the effective date
127.35of the consolidation preceded June 1, 1995; and
128.1    (3) the municipalities that are required to make an additional municipal contribution
128.2under section 353.665, subdivision 8; 353.667, subdivision 6; or 353.668, subdivision
128.36
, for the duration of the required additional contribution.
128.4    (b) The commissioner shall allocate the state aid on the basis of the proportional share
128.5of the relief association or consolidation account of the total unfunded actuarial accrued
128.6liability of all recipient relief associations and consolidation accounts as of December 31,
128.71993, for relief associations, and as of June 30, 1994, for consolidation accounts.
128.8    (c) (a) Beginning October 1, 2000 2013, and annually thereafter, the commissioner
128.9shall allocate the additional amortization state aid, including any state aid in excess of the
128.10limitation in subdivision 4, on the following basis:
128.11    (1) 64.5 percent to the municipalities to which section 353.665, subdivision
128.128
, paragraph (b), or 353A.09, subdivision 5, paragraph (b), apply for distribution in
128.13accordance with paragraph (b) and subject to the limitation in subdivision 4;
128.14    (2) 34.2 (1) 47.1 percent to the city of Minneapolis to fund any unfunded actuarial
128.15accrued liability in the actuarial valuation prepared under sections 356.215 and 356.216
128.16 as of the preceding December 31 for the Minneapolis Police Relief Association or the
128.17Minneapolis Fire Department Relief Association; and defray the employer costs associated
128.18with police and firefighter retirement coverage;
128.19(2) 25.8 percent as additional funding to support the minimum fire state aid for
128.20volunteer firefighter relief associations under section 69.021, subdivision 7, paragraph (d);
128.21(3) 12.9 percent to the city of Duluth to defray employer costs associated with
128.22police and firefighter retirement coverage;
128.23(4) 12.9 percent to the St. Paul Teachers Retirement Fund Association if the
128.24investment performance requirement of paragraph (c) is met; and
128.25    (3) (5) 1.3 percent to the city of Virginia to fund any unfunded actuarial accrued
128.26liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the
128.27preceding December 31 for the Virginia Fire Department Relief Association defray the
128.28employer contribution under section 353.665, subdivision 8, paragraph (d).
128.29    If there is no unfunded actuarial accrued liability in both additional employer
128.30contribution under section 353.665, subdivision 8, paragraph (b), certified under
128.31subdivision 1, paragraph (d), clause (2), with respect to the former Minneapolis Police
128.32Relief Association and the former Minneapolis Fire Department Relief Association as
128.33disclosed in the most recent actuarial valuations for the relief associations prepared under
128.34sections 356.215 and 356.216, the commissioner shall allocate that 34.2 47.1 percent
128.35of the aid as follows: 49 percent to the Teachers Retirement Association, 21 percent
128.36to the St. Paul Teachers Retirement Fund Association, and 30 percent as additional
129.1funding to support minimum fire state aid for volunteer firefighters relief associations. If
129.2there is no unfunded actuarial accrued liability in employer contribution by the city of
129.3Virginia Fire Department Relief Association as disclosed in the most recent actuarial
129.4valuation for the relief association prepared under sections 356.215 and 356.216 under
129.5section 353.665, subdivision 8, paragraph (d), for the former Virginia Fire Department
129.6Relief Association certified on or before June 30 by the executive director of the Public
129.7Employees Retirement Association, the commissioner shall allocate that 1.3 percent
129.8of the aid as follows: 49 percent to the Teachers Retirement Association, 21 percent
129.9to the St. Paul Teachers Retirement Fund Association, and 30 percent as additional
129.10funding to support minimum fire state aid for volunteer firefighters relief associations.
129.11Upon the final payment to municipalities required by section 353.665, subdivision 8,
129.12paragraph (b), or 353A.09, subdivision 5, paragraph (b), the commissioner shall allocate
129.13that 64.5 percent of the aid as follows: 20 percent to the St. Paul Teachers Retirement
129.14Fund Association, 20 percent to the city of Minneapolis to fund any unfunded actuarial
129.15accrued liability in the actuarial valuation proposed under sections 356.215 and 356.216
129.16 as of the preceding December 31 for the Minneapolis Police Relief Association or the
129.17Minneapolis Firefighters Relief Association, 20 percent for the city of Duluth to pay for
129.18any costs associated with the police and firefighters pensions, and 40 percent as additional
129.19funding to support minimum fire state aid for volunteer firefighters relief associations.
129.20    (b) The allocation must be made by the commissioner at the same time and under the
129.21same procedures as specified in subdivision 3 of revenue on October 1 annually.
129.22    (c) With respect to the St. Paul Teachers Retirement Fund Association, annually,
129.23beginning on July 1, 2005, if the applicable teacher's association five-year average
129.24time-weighted rate of investment return does not equal or exceed the performance of a
129.25composite portfolio assumed passively managed (indexed) invested ten percent in cash
129.26equivalents, 60 percent in bonds and similar debt securities, and 30 percent in domestic
129.27stock calculated using the formula under section 11A.04, clause (11), the aid allocation
129.28to that the retirement fund under this section ceases until the five-year annual rate of
129.29investment return equals or exceeds the performance of that composite portfolio.
129.30    (d) The amounts required under this subdivision are the amounts annually
129.31appropriated to the commissioner of revenue under section 69.021, subdivision 11,
129.32paragraph (e), and the aid amounts in excess of the limitation in subdivision 4.

129.33    Sec. 71. Minnesota Statutes 2012, section 423A.02, subdivision 2, is amended to read:
129.34    Subd. 2. Continued eligibility. A municipality that has qualified for amortization
129.35state aid under subdivision 1 on December 31, 1984, and has an additional municipal
130.1contribution payable under section 353A.09, subdivision 5, paragraph (b), as of the most
130.2recent December 31, continues upon application to be entitled to receive amortization
130.3state aid under subdivision 1 and supplementary amortization state aid under subdivision
130.41a, after the local police or salaried firefighters' relief association has been consolidated
130.5into the public employees police and fire fund. If a municipality loses entitlement for
130.6amortization state aid and supplementary amortization state aid in any year because of
130.7not having an additional municipal contribution under section 353A.09, subdivision 5,
130.8paragraph (b), the municipality is not entitled to the aid amounts in any subsequent year. A
130.9municipality that received amortization aid in 1999 and is required to make an additional
130.10municipal contribution under section 353.665, subdivision 8, continues to qualify for the
130.11amortization state aid and the supplemental amortization aid until December 31, 2009
130.12 received amortization aid in 2011 and is required to make a municipal contribution under
130.13section 353.665, subdivision 8, paragraph (b), (c), or (d), whichever applies, continues to
130.14qualify for amortization state aid for the duration of the applicable municipal contribution.

130.15    Sec. 72. Minnesota Statutes 2012, section 423A.02, subdivision 3, is amended to read:
130.16    Subd. 3. Reallocation of amortization or supplementary amortization state aid.
130.17    (a) Seventy percent of the difference between $5,720,000 and the current year amortization
130.18aid and supplemental amortization aid distributed under subdivisions subdivision 1 and 1a
130.19 that is not distributed for any reason to a municipality for use by a local police or salaried
130.20fire relief association must be distributed by the commissioner of revenue according to this
130.21paragraph. The commissioner shall distribute 50 percent of the amounts derived under
130.22this paragraph to the Teachers Retirement Association, ten percent to the Duluth Teachers
130.23Retirement Fund Association, and 40 percent to the St. Paul Teachers Retirement Fund
130.24Association to fund the unfunded actuarial accrued liabilities of the respective funds.
130.25These payments shall must be made on or before June 30 July 15 each fiscal year. If the
130.26St. Paul Teachers Retirement Fund Association or the Duluth Teachers Retirement Fund
130.27Association becomes fully funded, its the association's eligibility for its portion of this
130.28aid ceases. Amounts remaining in the undistributed balance account at the end of the
130.29biennium if aid eligibility ceases cancel to the general fund.
130.30    (b) In order to receive amortization and supplementary amortization aid under
130.31paragraph (a), prior to before June 30 annually Independent School District No. 625, St.
130.32Paul, must make an additional contribution of $800,000 each year to the St. Paul Teachers
130.33Retirement Fund Association.
130.34    (c) Thirty percent of the difference between $5,720,000 and the current year
130.35amortization aid and supplemental amortization aid under subdivisions 1 and subdivision
131.1 1a that is not distributed for any reason to a municipality for use by a local police or
131.2salaried firefighter relief association must be distributed under section 69.021, subdivision
131.37
, paragraph (d), as additional funding to support a minimum fire state aid amount for
131.4volunteer firefighter relief associations.

131.5    Sec. 73. Minnesota Statutes 2012, section 423A.02, subdivision 3a, is amended to read:
131.6    Subd. 3a. Appropriations for amortization state aid; supplementary
131.7amortization state aid; and amortization state aid and supplementary state aid
131.8 reallocations. $4,720,000 $5,720,000 is annually appropriated from the general fund to
131.9the commissioner of revenue for amortization state aid under subdivision 1, and for the
131.10reallocation of amortization aid under subdivision 3. $1,000,000 is annually appropriated
131.11from the general fund to the commissioner of revenue for supplementary amortization
131.12state aid under subdivision 1a, and for the reallocation of supplementary amortization state
131.13aid under subdivision 3.

131.14    Sec. 74. Minnesota Statutes 2012, section 423A.02, subdivision 4, is amended to read:
131.15    Subd. 4. Limit on certain total aid amounts. (a) The total of amortization aid,
131.16supplemental amortization aid, and additional amortization aid under this section payable
131.17to a municipality to which section 353.665, subdivision 8, paragraph (b), (c), or (d),
131.18applies, may not exceed the amount of the additional municipal contribution payable by
131.19an individual municipality under section 353.665, subdivision 8, paragraph (b), (c), or (d).
131.20(b) Any aid amount in excess of the limit under this subdivision for an individual
131.21municipality must be redistributed to the other municipalities to which section 353.665,
131.22subdivision 8
, paragraph (b), (c), or (d), applies. The excess aid must be distributed in
131.23proportion to each municipality's additional municipal contribution under section 353.665,
131.24subdivision 8
, paragraph (b), (c), or (d).
131.25(c) When the total aid for each municipality under this section equals the limit under
131.26paragraph (a), any aid in excess of the limit must be redistributed under subdivision 1b.

131.27    Sec. 75. Minnesota Statutes 2012, section 423A.02, subdivision 5, is amended to read:
131.28    Subd. 5. Termination of state aid programs. The amortization state aid,
131.29supplemental amortization state aid, and additional amortization state aid programs
131.30terminate as of the December 31, next following the date of the actuarial valuation when
131.31the assets of the St. Paul Teachers Retirement Fund Association equal the actuarial
131.32accrued liability of that plan or December 31, 2009 when the assets of the Duluth Teachers
132.1Retirement Fund Association equal the actuarial accrued liability of that plan, whichever
132.2is later.

132.3    Sec. 76. Minnesota Statutes 2012, section 424A.001, subdivision 4, is amended to read:
132.4    Subd. 4. Relief association. (a) "Relief association" or "volunteer firefighters' relief
132.5association" means a volunteer firefighters' relief association or a volunteer firefighters'
132.6division or account of a partially salaried and partially volunteer firefighters' relief
132.7association that is:
132.8(1) organized and incorporated as a nonprofit corporation to provide retirement
132.9benefits to volunteer firefighters under chapter 317A and any laws of the state;
132.10(2) governed by this chapter and sections 69.771 to 69.775; and
132.11(3) directly associated with:
132.12(i) a fire department established by municipal ordinance;
132.13(ii) an independent nonprofit firefighting corporation that is organized under the
132.14provisions of chapter 317A and that operates primarily for firefighting purposes; or
132.15(iii) a fire department operated as or by a joint powers entity that operates primarily
132.16for firefighting purposes.
132.17(b) "Relief association" or "volunteer firefighters' relief association" does not mean:
132.18(1) the Bloomington Fire Department Relief Association governed by section 69.77
132.19
sections 31 to 42; Minnesota Statutes 2000, chapter 424; and Laws 1965, chapter 446,
132.20as amended; or
132.21(2) the voluntary statewide lump-sum volunteer firefighter retirement plan governed
132.22by chapter 353G.
132.23(c) A relief association or volunteer firefighters' relief association is a governmental
132.24entity that receives and manages public money to provide retirement benefits for individuals
132.25providing the governmental services of firefighting and emergency first response.

132.26    Sec. 77. Minnesota Statutes 2012, section 424A.02, subdivision 9, is amended to read:
132.27    Subd. 9. Limitation on ancillary benefits. A defined benefit relief association,
132.28including any volunteer firefighters relief association governed by section 69.77 sections
132.2931 to 42 or any volunteer firefighters division of a relief association governed by chapter
132.30424, may only pay ancillary benefits which would constitute an authorized disbursement
132.31as specified in section 424A.05 subject to the following requirements or limitations:
132.32    (1) with respect to a defined benefit relief association in which governing bylaws
132.33provide solely for a lump-sum service pension to a retiring member, or provide a retiring
132.34member the choice of either a lump-sum service pension or a monthly service pension
133.1and the lump-sum service pension was chosen, no ancillary benefit may be paid to any
133.2former member or paid to any person on behalf of any former member after the former
133.3member (i) terminates active service with the fire department and active membership
133.4in the relief association; and (ii) commences receipt of a service pension as authorized
133.5under this section; and
133.6    (2) with respect to any defined benefit relief association, no ancillary benefit paid or
133.7payable to any member, to any former member, or to any person on behalf of any member
133.8or former member, may exceed in amount the total earned service pension of the member
133.9or former member. The total earned service pension must be calculated by multiplying
133.10the service pension amount specified in the bylaws of the relief association at the time of
133.11death or disability, whichever applies, by the years of service credited to the member or
133.12former member. The years of service must be determined as of (i) the date the member or
133.13former member became entitled to the ancillary benefit; or (ii) the date the member or
133.14former member died entitling a survivor or the estate of the member or former member to
133.15an ancillary benefit. The ancillary benefit must be calculated without regard to whether the
133.16member had attained the minimum amount of service and membership credit specified in
133.17the governing bylaws. For active members, the amount of a permanent disability benefit
133.18or a survivor benefit must be equal to the member's total earned service pension except
133.19that the bylaws of a defined benefit relief association may provide for the payment of a
133.20survivor benefit in an amount not to exceed five times the yearly service pension amount
133.21specified in the bylaws on behalf of any member who dies before having performed five
133.22years of active service in the fire department with which the relief association is affiliated.
133.23(3)(i) If a lump sum survivor or death benefit is payable under the articles of
133.24incorporation or bylaws, the benefit must be paid:
133.25(A) as a survivor benefit to the surviving spouse of the deceased firefighter;
133.26(B) as a survivor benefit to the surviving children of the deceased firefighter if
133.27no surviving spouse;
133.28(C) as a survivor benefit to a designated beneficiary of the deceased firefighter if no
133.29surviving spouse or surviving children; or
133.30(D) as a death benefit to the estate of the deceased active or deferred firefighter if no
133.31surviving children and no beneficiary designated.
133.32(ii) If there are no surviving children, the surviving spouse may waive, in writing,
133.33wholly or partially, the spouse's entitlement to a survivor benefit.
133.34(4)(i) If a monthly benefit survivor or death benefit is payable under the articles of
133.35incorporation or bylaws, the benefit must be paid:
133.36(A) as a survivor benefit to the surviving spouse of the deceased firefighter;
134.1(B) as a survivor benefit to the surviving children of the deceased firefighter if
134.2no surviving spouse;
134.3(C) as a survivor benefit to a designated beneficiary of the deceased firefighter if no
134.4surviving spouse or surviving children; or
134.5(D) as a death benefit to the estate of the deceased active or deferred firefighter if no
134.6surviving spouse, no surviving children, and no beneficiary designated.
134.7(ii) If there are no surviving children, the surviving spouse may waive, in writing,
134.8wholly or partially, the spouse's entitlement to a survivor benefit.
134.9(iii) For purposes of this clause, if the relief association bylaws authorize a monthly
134.10survivor benefit payable to a designated beneficiary, the relief association bylaws may
134.11limit the total survivor benefit amount payable.
134.12(5) For purposes of this section, for a monthly benefit volunteer fire relief association
134.13or for a combination lump-sum and monthly benefit volunteer fire relief association where
134.14a monthly benefit service pension has been elected by or a monthly benefit is payable with
134.15respect to a firefighter, a designated beneficiary must be a natural person. For purposes
134.16of this section, for a lump-sum volunteer fire relief association or for a combination
134.17lump-sum and monthly benefit volunteer fire relief association where a lump-sum service
134.18pension has been elected by or a lump-sum benefit is payable with respect to a firefighter,
134.19a trust created under chapter 501B may be a designated beneficiary. If a trust is payable to
134.20the surviving children organized under chapter 501B as authorized by this section and
134.21there is no surviving spouse, the survivor benefit may be paid to the trust, notwithstanding
134.22a requirement of this section to the contrary.

134.23    Sec. 78. Minnesota Statutes 2012, section 475.52, subdivision 6, is amended to read:
134.24    Subd. 6. Certain purposes. Any municipality may issue bonds for paying
134.25judgments against it; for refunding outstanding bonds; for funding floating indebtedness;
134.26for funding actuarial liabilities to pay postemployment benefits to employees or officers
134.27after their termination of service; or for funding all or part of the municipality's current
134.28and future unfunded liability for a pension or retirement fund or plan referred to in
134.29section 356.20, subdivision 2, as those liabilities are most recently computed under
134.30sections 356.215 and 356.216. The board of trustees or directors of a the Bloomington
134.31Fire Department Relief Association referred to in section 69.77 must consent and must
134.32be a party to any contract made under this section with respect to the fund held by it
134.33for the benefit of and in trust for its members. For purposes of this section, the term
134.34"postemployment benefits" means benefits giving rise to a liability under Statement No.
134.3545 of the Governmental Accounting Standards Board.

135.1    Sec. 79. REVISOR'S INSTRUCTION.
135.2(a) The revisor of statutes shall not show the text of Minnesota Statutes, section
135.369.77, and shall add the note in Minnesota Statutes, section 69.77, "CITY OF
135.4BLOOMINGTON; LOCAL."
135.5(b) In Minnesota Statutes 2014 and subsequent editions, Minnesota Statutes,
135.6sections 69.771 to 69.776 must be recodified as Minnesota Statutes, sections 424A.091
135.7to 424A.096, and all statutory cross-references revised.

135.8    Sec. 80. REPEALER.
135.9(a) Minnesota Statutes 2012, section 353.665, subdivisions 2, 3, 4, 6, 7, 9, and
135.1010, are repealed.
135.11(b) Minnesota Statutes 2012, sections 353.667; 353.668; 353.669; and 353.6691, are
135.12repealed.
135.13(c) Minnesota Statutes 2012, sections 353A.01; 353A.02; 353A.03; 353A.04;
135.14353A.05; 353A.06; 353A.07; 353A.08; 353A.081; 353A.083; 353A.09; 353A.10;
135.15353B.01; 353B.02; 353B.03; 353B.04; 353B.05; 353B.06; 353B.07; 353B.08; 353B.09;
135.16353B.10; 353B.11; 353B.12; 353B.13; and 353B.14, are repealed.
135.17(d) Minnesota Statutes 2012, sections 423A.01; 423A.04; 423A.05; 423A.07;
135.18423A.10; 423A.11; 423A.12; 423A.13; 423A.14; 423A.15; 423A.16; 423A.17; 423A.171;
135.19423A.18; 423A.19; 423A.20; 423A.21; and 423A.22, are repealed.
135.20(e) Minnesota Statutes 2012, sections 69.021, subdivision 6; 353.64, subdivision 3;
135.21and 423A.02, subdivision 1a, are repealed.
135.22(f) Minnesota Statutes 2012, section 69.77, subdivision 3, is repealed.

135.23    Sec. 81. EFFECTIVE DATE; PRIOR AID ALLOCATIONS VALIDATED.
135.24(a) Sections 69 to 75 are effective June 1, 2013.
135.25(b) Except as provided in paragraph (c), sections 1 to 68 and 76 to 80 are effective
135.26July 1, 2013.
135.27(c) With respect to the city of Minneapolis, section 18 is effective retroactively from
135.28July 20, 2011, and with respect to the city of Fairmont, section 18 is effective retroactively
135.29from May 10, 2012.
135.30(d) Allocations of amortization state aid, supplementary amortization state aid, or
135.31additional amortization state aid made by the commissioner of revenue before January 1,
135.322013, are hereby validated.

136.1ARTICLE 6
136.2VOLUNTEER FIREFIGHTER RETIREMENT CHANGES

136.3    Section 1. Minnesota Statutes 2012, section 69.771, subdivision 1, is amended to read:
136.4    Subdivision 1. Covered relief associations. The applicable provisions of sections
136.569.771 to 69.776 apply to govern any firefighters' relief association other than defined in
136.6section 424A.001, subdivision 4, and do not apply to a relief association enumerated in
136.7section 69.77, subdivision 1a, which is organized under any laws of this state, which is
136.8composed of volunteer firefighters or is composed partially of volunteer firefighters and
136.9partially of salaried firefighters with retirement coverage provided by the public employees
136.10police and fire fund and which, in either case, operates subject to the service pension
136.11minimum requirements for entitlement and maximums contained in section 424A.02, or
136.12subject to a special law modifying those requirements or maximums.
136.13EFFECTIVE DATE.This section is effective the day following final enactment.

136.14    Sec. 2. Minnesota Statutes 2012, section 69.774, subdivision 1, is amended to read:
136.15    Subdivision 1. Authorized inclusion in fire state aid program; covered nonprofit
136.16corporations. (a) This section shall apply applies to any independent nonprofit firefighting
136.17corporation incorporated or organized pursuant to under chapter 317A which: (1) operates
136.18exclusively for firefighting purposes,; (2) which is composed of volunteer firefighters,;
136.19and (3) which has a duly established separate subsidiary incorporated firefighters' relief
136.20association which provides retirement coverage for or pays a service pension to a retired
136.21firefighter or a retirement benefit to a surviving dependent of either an active or a retired
136.22firefighter, and which operates is subject to the service pension minimum requirements
136.23for entitlement to and maximums for a service pension contained in section 424A.02,
136.24or a special law modifying those requirements or maximums applicable provisions of
136.25chapter 424A.
136.26(b) Notwithstanding any law to the contrary, a municipality contracting with an
136.27independent nonprofit firefighting corporation shall must be included in the distribution of
136.28fire state aid to the appropriate county auditor by the state auditor only if the independent
136.29nonprofit firefighting corporation complies with the provisions of this section.
136.30EFFECTIVE DATE.This section is effective the day following final enactment.

136.31    Sec. 3. Minnesota Statutes 2012, section 353G.05, subdivision 2, is amended to read:
137.1    Subd. 2. Election of coverage. (a) The process for electing coverage of volunteer
137.2firefighters by the retirement plan is initiated by a request to the executive director for a
137.3cost analysis of the prospective retirement coverage.
137.4(b) If the volunteer firefighters are currently covered by a volunteer firefighters' relief
137.5association governed by chapter 424A, the cost analysis of the prospective retirement
137.6coverage must be requested jointly by the secretary of the volunteer firefighters' relief
137.7association, following approval of the request by the board of the volunteer firefighters'
137.8relief association, and the chief administrative officer of the entity associated with the relief
137.9association, following approval of the request by the governing body of the entity associated
137.10with the relief association. If the relief association is associated with more than one entity,
137.11the chief administrative officer of each associated entity must execute the request. If
137.12the volunteer firefighters are not currently covered by a volunteer firefighters' relief
137.13association, the cost analysis of the prospective retirement coverage must be requested by
137.14the chief administrative officer of the entity operating the fire department. The request
137.15must be made in writing and must be made on a form prescribed by the executive director.
137.16(c) The cost analysis of the prospective retirement coverage by the statewide
137.17retirement plan must be based on the service pension amount under section 353G.11
137.18closest to the service pension amount provided by the volunteer firefighters' relief
137.19association if the relief association is a lump-sum defined benefit plan, or the amount equal
137.20to 95 percent of the most current average account balance per relief association member if
137.21the relief association is a defined contribution plan, or to the lowest service pension amount
137.22under section 353G.11 if there is no volunteer firefighters' relief association, rounded up,
137.23and any other service pension amount designated by the requester or requesters. The cost
137.24analysis must be prepared using a mathematical procedure certified as accurate by an
137.25approved actuary retained by the Public Employees Retirement Association.
137.26(d) If a cost analysis is requested and a volunteer firefighters' relief association exists
137.27that has filed the information required under section 69.051 in a timely fashion, upon
137.28request by the executive director, the state auditor shall provide the most recent data
137.29available on the financial condition of the volunteer firefighters' relief association, the most
137.30recent firefighter demographic data available, and a copy of the current relief association
137.31bylaws. If a cost analysis is requested, but no volunteer firefighters' relief association
137.32exists, the chief administrative officer of the entity operating the fire department shall
137.33provide the demographic information on the volunteer firefighters serving as members
137.34of the fire department requested by the executive director.
137.35(e) If a cost analysis is requested, the executive director of the State Board of
137.36Investment shall review the investment portfolio of the relief association, if applicable,
138.1for compliance with the applicable provisions of chapter 11A and for appropriateness
138.2for retention under the established investment objectives and investment policies of the
138.3State Board of Investment. If the prospective retirement coverage change is approved
138.4under paragraph (f), the State Board of Investment may require that the relief association
138.5liquidate any investment security or other asset which the executive director of the State
138.6Board of Investment has determined to be an ineligible or inappropriate investment for
138.7retention by the State Board of Investment. The security or asset liquidation must occur
138.8before the effective date of the transfer of retirement plan coverage. If requested to do so by
138.9the chief administrative officer of the relief association, the executive director of the State
138.10Board of Investment shall provide advice about the best means to conduct the liquidation.
138.11(f) Upon receipt of the cost analysis, the governing body of the municipality or
138.12independent nonprofit firefighting corporation associated with the fire department shall
138.13either approve or disapprove the retirement coverage change within 90 120 days. If the
138.14retirement coverage change is not acted upon within 90 120 days, it is deemed to be
138.15disapproved. If the retirement coverage change is approved by the applicable governing
138.16body, coverage by the voluntary statewide lump-sum volunteer firefighter retirement plan
138.17is effective on the next following January 1.
138.18EFFECTIVE DATE.This section is effective July 1, 2013.

138.19    Sec. 4. Minnesota Statutes 2012, section 424A.001, is amended by adding a
138.20subdivision to read:
138.21    Subd. 11. Fiscal year. The fiscal year for a volunteer firefighter relief association
138.22begins on January 1 of each calendar year and ends on December 31 of the same calendar
138.23year.
138.24EFFECTIVE DATE.This section is effective the day following final enactment.

138.25    Sec. 5. Minnesota Statutes 2012, section 424A.01, subdivision 6, is amended to read:
138.26    Subd. 6. Return to active firefighting after break in service. (a) The requirements
138.27of This section apply subdivision applies to all breaks in service, except breaks in that the
138.28resumption service mandated by requirements of this subdivision do not apply to leaves
138.29of absence made available by federal or statute, such as the Family Medical Leave Act,
138.30United States Code, title 29, section 2691, and the Uniformed Services Employment and
138.31Reemployment Rights Act, United States Code, title 38, section 4301, and do not apply
138.32to leaves of absence made available by state law statute, such as the Parental Leave Act,
138.33section 181.941; the Leave for Organ Donations Act, section 181.9456; the Leave for
139.1Civil Air Patrol Service Act, section 181.946; the Leave for Immediate Family Members
139.2of Military Personnel Injured or Killed in Active Service Act, section 181.947; or the
139.3Protection of Jurors' Employment Act, section 593.50.
139.4(b)(1) If a firefighter who has ceased to perform or supervise fire suppression and
139.5fire prevention duties for at least 60 days resumes performing active firefighting with the
139.6fire department associated with the relief association, if the bylaws of the relief association
139.7so permit, the firefighter may again become an active member of the relief association. A
139.8firefighter who returns to active service and membership is subject to the service pension
139.9calculation requirements under this section.
139.10(2) A firefighter who has been granted an approved leave of absence not exceeding
139.11one year by the fire department or by the relief association is exempt from the minimum
139.12period of resumption service requirement of this section.
139.13(3) A person who has a break in service not exceeding one year but has not been
139.14granted an approved leave of absence and who has not received a service pension or
139.15disability benefit may be made exempt from the minimum period of resumption service
139.16requirement of this section by the relief association bylaws.
139.17(4) If the bylaws so provide, a firefighter who returns to active relief association
139.18membership under this paragraph may continue to collect a monthly service pension,
139.19notwithstanding the service pension eligibility requirements under chapter 424A.
139.20(c) If a former firefighter who has received a service pension or disability benefit
139.21returns to active relief association membership under paragraph (b), the firefighter may
139.22qualify for the receipt of a service pension from the relief association for the resumption
139.23service period if the firefighter meets the service requirements of section 424A.016,
139.24subdivision 3
, or 424A.02, subdivision 2. No firefighter may be paid a service pension
139.25more than once for the same period of service.
139.26(d) If a former firefighter who has not received a service pension or disability benefit
139.27returns to active relief association membership under paragraph (b), the firefighter may
139.28qualify for the receipt of a service pension from the relief association for the original and
139.29resumption service periods if the firefighter meets the service requirements of section
139.30424A.016 , subdivision 3, or 424A.02, subdivision 2, based on the original and resumption
139.31years of service credit.
139.32(e) A firefighter who returns to active lump-sum relief association membership under
139.33paragraph (b) and who qualifies for a service pension under paragraph (c) must have,
139.34upon a subsequent cessation of duties, any service pension for the resumption service
139.35period calculated as a separate benefit. If a lump-sum service pension had been paid to the
139.36firefighter upon the firefighter's previous cessation of duties, a second lump-sum service
140.1pension for the resumption service period must be calculated by applying the service
140.2pension amount in effect on the date of the firefighter's termination of the resumption
140.3service for all years of the resumption service.
140.4(f) A firefighter who had not been paid a lump-sum service pension returns to active
140.5relief association membership under paragraph (b), who did not meet the minimum period
140.6of resumption service requirement specified in the relief association's bylaws, but who
140.7does meet the minimum service requirement of section 424A.02, subdivision 2, based
140.8on the firefighter's original and resumption years of active service, must have, upon a
140.9subsequent cessation of duties, a service pension for the original and resumption service
140.10periods calculated by applying the service pension amount in effect on the date of the
140.11firefighter's termination of the resumption service, or, if the bylaws so provide, based on
140.12the service pension amount in effect on the date of the firefighter's previous cessation
140.13of duties. The service pension for a firefighter who returns to active lump-sum relief
140.14association membership under this paragraph, but who had met the minimum period
140.15of resumption service requirement specified in the relief association's bylaws, must be
140.16calculated by applying the service pension amount in effect on the date of the firefighter's
140.17termination of the resumption service.
140.18(g) If a firefighter receiving a monthly benefit service pension returns to active
140.19monthly benefit relief association membership under paragraph (b), and if the relief
140.20association bylaws do not allow for the firefighter to continue collecting a monthly service
140.21pension, any monthly benefit service pension payable to the firefighter is suspended as
140.22of the first day of the month next following the date on which the firefighter returns to
140.23active membership. If the firefighter was receiving a monthly benefit service pension,
140.24and qualifies for a service pension under paragraph (c), the firefighter is entitled to
140.25an additional monthly benefit service pension upon a subsequent cessation of duties
140.26calculated based on the resumption service credit and the service pension accrual amount
140.27in effect on the date of the termination of the resumption service. A suspended initial
140.28service pension resumes as of the first of the month next following the termination of the
140.29resumption service. If the firefighter was not receiving a monthly benefit service pension
140.30and meets the minimum service requirement of section 424A.02, subdivision 2, a service
140.31pension must be calculated by applying the service pension amount in effect on the date of
140.32the firefighter's termination of the resumption service for all years of service credit.
140.33(h) A firefighter who was not receiving a monthly benefit service pension returns to
140.34active relief association membership under paragraph (b), who did not meet the minimum
140.35period of resumption service requirement specified in the relief association's bylaws, but
140.36who does meet the minimum service requirement of section 424A.02, subdivision 2,
141.1based on the firefighter's original and resumption years of active service, must have,
141.2upon a subsequent cessation of duties, a service pension for the original and resumption
141.3service periods calculated by applying the service pension amount in effect on the date of
141.4the firefighter's termination of the resumption service, or, if the bylaws so provide, based
141.5on the service pension amount in effect on the date of the firefighter's previous cessation
141.6of duties. The service pension for a firefighter who returns to active relief association
141.7membership under this paragraph, but who had met the minimum period of resumption
141.8service requirement specified in the relief association's bylaws, must be calculated by
141.9applying the service pension amount in effect on the date of the firefighter's termination of
141.10the resumption service.
141.11(i) For defined contribution plans, a firefighter who returns to active relief
141.12association membership under paragraph (b) and who qualifies for a service pension
141.13under paragraph (c) or (d) must have, upon a subsequent cessation of duties, any service
141.14pension for the resumption service period calculated as a separate benefit. If a service
141.15pension had been paid to the firefighter upon the firefighter's previous cessation of duties,
141.16and if the firefighter meets the minimum service requirement of section 424A.016,
141.17subdivision 3, based on the resumption years of service, a second service pension for
141.18the resumption service period must be calculated to include allocations credited to the
141.19firefighter's individual account during the resumption period of service and deductions
141.20for administrative expenses, if applicable.
141.21(j) For defined contribution plans, if a firefighter who had not been paid a service
141.22pension returns to active relief association membership under paragraph (b), and who
141.23meets the minimum service requirement of section 424A.016, subdivision 3, based on
141.24the firefighter's original and resumption years of service, must have, upon a subsequent
141.25cessation of duties, a service pension for the original and resumption service periods
141.26calculated to include allocations credited to the firefighter's individual account during
141.27the original and resumption period periods of service and deductions for administrative
141.28expenses, if applicable, less any amounts previously forfeited under section 424A.016,
141.29subdivision 4
.
141.30EFFECTIVE DATE.This section is effective the day following final enactment.

141.31    Sec. 6. Minnesota Statutes 2012, section 424A.015, subdivision 1, is amended to read:
141.32    Subdivision 1. Separation from active service; exception. (a) No service pension
141.33is payable to a person while the person remains an active member of the respective fire
141.34department, and a person who is receiving a service pension is not entitled to receive any
141.35other benefits from the special fund of the relief association.
142.1(b) No relief association as defined in section 424A.001, subdivision 4, may pay a
142.2service pension or disability benefit to a former member of the relief association if that
142.3person has not separated from active service with the fire department to which the relief
142.4association is directly associated, unless:
142.5(1) the person is employed subsequent to retirement by discontinues volunteer
142.6firefighter duties with the municipality or the independent nonprofit firefighting
142.7corporation, whichever applies, to perform and performs duties within the municipal fire
142.8department or corporation on a full-time basis;
142.9(2) the governing body of the municipality or of the corporation has filed its
142.10determination with the board of trustees of the relief association that the person's
142.11experience with and service to the fire department in that person's full-time capacity
142.12would be difficult to replace; and
142.13(3) the bylaws of the relief association were amended to provide for the payment of
142.14a service pension or disability benefit for such full-time employees.
142.15EFFECTIVE DATE.This section is effective the day following final enactment.

142.16    Sec. 7. Minnesota Statutes 2012, section 424A.015, subdivision 4, is amended to read:
142.17    Subd. 4. Transfer to individual retirement account. A relief association that is a
142.18qualified pension plan under section 401(a) of the Internal Revenue Code, as amended,
142.19and that provides a single payment service pension, at the written request of the applicable
142.20retiring member or, following the death of the active member, at the written request of the
142.21deceased member's surviving spouse, may directly transfer on an institution-to-institution
142.22basis the eligible member's lump-sum pension or the death or survivor benefit attributable
142.23to the member, whichever applies, to the requesting person's individual retirement account
142.24under section 408(a) of the Internal Revenue Code, as amended.
142.25EFFECTIVE DATE.This section is effective the day following final enactment.

142.26    Sec. 8. Minnesota Statutes 2012, section 424A.016, subdivision 6, is amended to read:
142.27    Subd. 6. Deferred service pensions. (a) A member of a relief association is entitled
142.28to a deferred service pension if the member:
142.29    (1) has completed the lesser of the minimum period of active service with the fire
142.30department specified in the bylaws or 20 years of active service with the fire department;
142.31    (2) has completed at least five years of active membership in the relief association; and
142.32    (3) separates from active service and membership and has completed the minimum
142.33service and membership requirements in subdivision 2. The requirement that a member
143.1separate from active service and membership is waived for persons who have discontinued
143.2their volunteer firefighter duties and who are employed on a full-time basis under section
143.3424A.015, subdivision 1 .
143.4    (b) The deferred service pension is payable when the former member reaches at
143.5least age 50, or at least the minimum age specified in the bylaws governing the relief
143.6association if that age is greater than age 50, and when the former member makes a valid
143.7written application.
143.8    (c) A defined contribution relief association may, if its governing bylaws so provide,
143.9credit interest or additional investment performance on the deferred lump-sum service
143.10pension during the period of deferral. If provided for in the bylaws, the interest must be
143.11paid:
143.12(1) at the investment performance rate actually earned on that portion of the assets
143.13if the deferred benefit amount is invested by the relief association in a separate account
143.14established and maintained by the relief association;
143.15(2) at the investment performance rate actually earned on that portion of the assets
143.16if the deferred benefit amount is invested in a separate investment vehicle held by the
143.17relief association; or
143.18(3) at the investment return on the assets of the special fund of the defined contribution
143.19volunteer firefighter relief association in proportion to the share of the assets of the special
143.20fund to the credit of each individual deferred member account through the accounting date
143.21on which the investment return is recognized by and credited to the special fund.
143.22    (d) Unless the bylaws of a relief association that has elected to pay interest or
143.23additional investment performance on deferred lump-sum service pensions under
143.24paragraph (c) specifies a different interest or additional investment performance method,
143.25including the interest or additional investment performance period starting date and ending
143.26date, the interest or additional investment performance on a deferred service pension
143.27is creditable as follows:
143.28(1) for a relief association that has elected to pay interest or additional investment
143.29performance under paragraph (c), clause (1) or (3), beginning on the date that the
143.30member separates from active service and membership and ending on the accounting
143.31date immediately before the deferred member commences receipt of the deferred service
143.32pension; or
143.33(2) for a relief association that has elected to pay interest or additional investment
143.34performance under paragraph (c), clause (2), beginning on the date that the member
143.35separates from active service and membership and ending on the date that the separate
144.1investment vehicle is valued immediately before the date on which the deferred member
144.2commences receipt of the deferred service pension.
144.3(e) The deferred service pension is governed by and must be calculated under
144.4the general statute, special law, relief association articles of incorporation, and relief
144.5association bylaw provisions applicable on the date on which the member separated from
144.6active service with the fire department and active membership in the relief association.
144.7EFFECTIVE DATE.This section is effective the day following final enactment.

144.8    Sec. 9. Minnesota Statutes 2012, section 424A.02, subdivision 7, is amended to read:
144.9    Subd. 7. Deferred service pensions. (a) A member of a defined benefit relief
144.10association is entitled to a deferred service pension if the member:
144.11    (1) has completed the lesser of either the minimum period of active service with the
144.12fire department specified in the bylaws or 20 years of active service with the fire department;
144.13    (2) has completed at least five years of active membership in the relief association; and
144.14    (3) separates from active service and membership and has completed the minimum
144.15service and membership requirements in subdivision 1. The requirement that a member
144.16separate from active service and membership is waived for persons who have discontinued
144.17their volunteer firefighter duties and who are employed on a full-time basis under section
144.18424A.015, subdivision 1 .
144.19    (b) The deferred service pension is payable when the former member reaches at
144.20least age 50, or at least the minimum age specified in the bylaws governing the relief
144.21association if that age is greater than age 50, and when the former member makes a valid
144.22written application.
144.23    (c) A defined benefit relief association that provides a lump-sum service pension
144.24governed by subdivision 3 may, when its governing bylaws so provide, pay interest on the
144.25deferred lump-sum service pension during the period of deferral. If provided for in the
144.26bylaws, interest must be paid in one of the following manners:
144.27    (1) at the investment performance rate actually earned on that portion of the assets
144.28if the deferred benefit amount is invested by the relief association in a separate account
144.29established and maintained by the relief association;
144.30(2) at the investment performance rate actually earned on that portion of the assets
144.31if the deferred benefit amount is invested in a separate investment vehicle held by the
144.32relief association; or
144.33    (3) at an interest rate of up to five percent, compounded annually, as set by the board
144.34of directors and approved as provided in subdivision 10 trustees.
145.1(d) Any change in the interest rate set by the board of directors under paragraph (c),
145.2clause (3), must be ratified by the governing body of the municipality served by the fire
145.3department to which the relief association is directly associated, or by the independent
145.4nonprofit firefighting corporation, as applicable.
145.5    (d) (e) Interest under paragraph (c), clause (3), is payable beginning on the January
145.61 next following the date on which the municipality has approved the deferred service
145.7pension interest rate established as set by the board of trustees was ratified by the governing
145.8body of the municipality served by the fire department to which the relief association is
145.9directly associated, or by the independent nonprofit firefighting corporation, as applicable.
145.10    (e) (f) Unless the bylaws of a relief association that has elected to pay interest
145.11or additional investment performance on deferred lump-sum service pensions under
145.12paragraph (c) specifies a different interest or additional investment performance method,
145.13including the interest or additional investment performance period starting date and ending
145.14date, the interest or additional investment performance on a deferred service pension
145.15is creditable as follows:
145.16(1) for a relief association that has elected to pay interest or additional investment
145.17performance under paragraph (c), clause (1) or (3), beginning on the first day of the
145.18month next following the date that on which the member separates from active service
145.19and membership and ending on the accounting date last day of the month immediately
145.20before the month in which the deferred member commences receipt of the deferred
145.21service pension; or
145.22(2) for a relief association that has elected to pay interest or additional investment
145.23performance under paragraph (c), clause (2), beginning on the date that the member
145.24separates from active service and membership and ending on the date that the separate
145.25investment vehicle is valued immediately before the date on which the deferred member
145.26commences receipt of the deferred service pension.
145.27(f) (g) For a deferred service pension that is transferred to a separate account
145.28established and maintained by the relief association or separate investment vehicle held
145.29by the relief association, the deferred member bears the full investment risk subsequent
145.30to transfer and in calculating the accrued liability of the volunteer firefighters relief
145.31association that pays a lump-sum service pension, the accrued liability for deferred service
145.32pensions is equal to the separate relief association account balance or the fair market value
145.33of the separate investment vehicle held by the relief association.
145.34    (g) (h) The deferred service pension is governed by and must be calculated under
145.35the general statute, special law, relief association articles of incorporation, and relief
146.1association bylaw provisions applicable on the date on which the member separated from
146.2active service with the fire department and active membership in the relief association.
146.3EFFECTIVE DATE.This section is effective January 1, 2014, with respect to the
146.4amendments to paragraphs (c), (d), and (e), and is effective retroactively from January
146.51, 2013, with respect to the amendments to paragraph (f).

146.6    Sec. 10. Minnesota Statutes 2012, section 424A.10, subdivision 1, is amended to read:
146.7    Subdivision 1. Definitions. For purposes of this section:
146.8    (1) "qualified recipient" means an individual who receives a lump-sum distribution
146.9of pension or retirement benefits from a volunteer firefighters' relief association or from
146.10the voluntary statewide lump-sum volunteer firefighter retirement plan for service that the
146.11individual has performed as a volunteer firefighter;
146.12    (2) "survivor of a deceased active or deferred volunteer firefighter" means the
146.13surviving spouse of a deceased active or deferred volunteer firefighter under section
146.14424A.001, subdivision 6, or, if none, the surviving child or children of a deceased active
146.15or deferred volunteer firefighter;
146.16    (3) "active volunteer firefighter" means a person who regularly renders fire
146.17suppression service for a municipal fire department or an independent nonprofit firefighting
146.18corporation, who has met the statutory and other requirements for relief association
146.19membership, and who is deemed by the relief association under law and its bylaws to be a
146.20fully qualified member of the relief association or from the voluntary statewide lump-sum
146.21volunteer firefighter retirement plan for at least one month; and
146.22    (4) "deferred volunteer firefighter" means a former active volunteer firefighter who
146.23terminated active firefighting service, has sufficient service credit from the applicable relief
146.24association or from the voluntary statewide lump-sum volunteer firefighter retirement plan
146.25to be entitled to a service pension under the bylaws of the relief association, but has not
146.26applied for or has not received the service pension.
146.27EFFECTIVE DATE.This section is effective the day following final enactment.

146.28    Sec. 11. Minnesota Statutes 2012, section 424A.10, subdivision 2, is amended to read:
146.29    Subd. 2. Payment of supplemental benefit. (a) Upon the payment by a volunteer
146.30firefighters' relief association or by the voluntary statewide lump-sum volunteer firefighter
146.31retirement plan of a lump-sum distribution to a qualified recipient, the association must
146.32pay a supplemental benefit to the qualified recipient. Notwithstanding any law to the
146.33contrary, the relief association must pay the supplemental benefit out of its special fund
147.1and the voluntary statewide lump-sum volunteer firefighter retirement plan must pay
147.2the supplemental benefit out of the voluntary statewide lump-sum volunteer firefighter
147.3retirement plan. This benefit is an amount equal to ten percent of the regular lump-sum
147.4distribution that is paid on the basis of the recipient's service as a volunteer firefighter.
147.5In no case may the amount of the supplemental benefit exceed $1,000. A supplemental
147.6benefit under this paragraph may not be paid to a survivor of a deceased active or deferred
147.7volunteer firefighter in that capacity.
147.8    (b) Upon the payment by a relief association or the retirement plan of a lump-sum
147.9survivor benefit to a survivor of a deceased active volunteer firefighter or of a deceased
147.10deferred volunteer firefighter, the association may must pay a supplemental survivor
147.11benefit to the survivor of the deceased active or deferred volunteer firefighter from the
147.12special fund of the relief association if its articles of incorporation or bylaws so provide
147.13 and the retirement plan may must pay a supplemental survivor benefit to the survivor of
147.14the deceased active or deferred volunteer firefighter from the retirement fund if chapter
147.15353G so provides. The amount of the supplemental survivor benefit is 20 percent of the
147.16survivor benefit, but not to exceed $2,000.
147.17    (c) An individual may receive a supplemental benefit under paragraph (a) or under
147.18paragraph (b), but not under both paragraphs with respect to one lump-sum volunteer
147.19firefighter benefit.
147.20EFFECTIVE DATE.This section is effective the day following final enactment.

147.21    Sec. 12. WHITE BEAR LAKE VOLUNTEER FIRE DEPARTMENT RELIEF
147.22ASSOCIATION; RETIREE DEATH BENEFIT.
147.23Notwithstanding any provision of Minnesota Statutes, section 424A.05, subdivision
147.243, clause (4), to the contrary, the White Bear Lake Volunteer Fire Department Relief
147.25Association may provide, if its bylaws so provide, for the payment of a $2,000 lump sum
147.26death benefit from the special fund of the relief association to the estate of a person who
147.27was a member of the relief association, who rendered at least 20 years of firefighting
147.28service in the fire department and membership in the relief association, who retired
147.29before January 1, 2009, who received a monthly benefit service pension from the relief
147.30association for the month in which this section became effective, and who died after the
147.31effective date of the bylaw amendment that implements the authority under this section.
147.32EFFECTIVE DATE.This section is effective the day after the governing body of
147.33the city of White Bear Lake and its chief clerical officer timely complete their compliance
147.34with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

148.1    Sec. 13. REPEALER.
148.2Minnesota Statutes 2012, section 424A.10, subdivision 5, is repealed.
148.3EFFECTIVE DATE.This section is effective the day following final enactment.

148.4ARTICLE 7
148.5ONE PERSON AND SMALL GROUP RETIREMENT CHANGES

148.6    Section 1. Minnesota Statutes 2012, section 352.01, subdivision 2a, is amended to read:
148.7    Subd. 2a. Included employees. (a) "State employee" includes:
148.8    (1) employees of the Minnesota Historical Society;
148.9    (2) employees of the State Horticultural Society;
148.10    (3) employees of the Minnesota Crop Improvement Association;
148.11    (4) employees of the adjutant general whose salaries are paid from federal funds and
148.12who are not covered by any federal civilian employees retirement system;
148.13    (5) employees of the Minnesota State Colleges and Universities who are employed
148.14under the university or college activities program;
148.15    (6) currently contributing employees covered by the system who are temporarily
148.16employed by the legislature during a legislative session or any currently contributing
148.17employee employed for any special service as defined in subdivision 2b, clause (8);
148.18    (7) employees of the legislature who are appointed without a limit on the duration
148.19of their employment and persons employed or designated by the legislature or by a
148.20legislative committee or commission or other competent authority to conduct a special
148.21inquiry, investigation, examination, or installation;
148.22    (8) trainees who are employed on a full-time established training program
148.23performing the duties of the classified position for which they will be eligible to receive
148.24immediate appointment at the completion of the training period;
148.25    (9) employees of the Minnesota Safety Council;
148.26    (10) any employees who are on authorized leave of absence from the Transit
148.27Operating Division of the former Metropolitan Transit Commission and who are employed
148.28by the labor organization which is the exclusive bargaining agent representing employees
148.29of the Transit Operating Division;
148.30    (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
148.31Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
148.32Control Commission unless excluded under subdivision 2b or are covered by another
148.33public pension fund or plan under section 473.415, subdivision 3;
148.34    (12) judges of the Tax Court;
149.1    (13) personnel who were employed on June 30, 1992, by the University of
149.2Minnesota in the management, operation, or maintenance of its heating plant facilities,
149.3whose employment transfers to an employer assuming operation of the heating plant
149.4facilities, so long as the person is employed at the University of Minnesota heating plant
149.5by that employer or by its successor organization;
149.6    (14) personnel who are employed as seasonal employees in the classified or
149.7unclassified service;
149.8    (15) persons who are employed by the Department of Commerce as a peace officer
149.9in the Insurance Fraud Prevention Division under section 45.0135 who have attained the
149.10mandatory retirement age specified in section 43A.34, subdivision 4;
149.11    (16) employees of the University of Minnesota unless excluded under subdivision
149.122b, clause (3);
149.13    (17) employees of the Middle Management Association whose employment began
149.14after July 1, 2007, and to whom section 352.029 does not apply;
149.15    (18) employees of the Minnesota Government Engineers Council to whom section
149.16352.029 does not apply; and
149.17(19) employees of the Minnesota Sports Facilities Authority.; and
149.18(20) employees of the Minnesota Association of Professional Employees.
149.19    (b) Employees specified in paragraph (a), clause (13), are included employees under
149.20paragraph (a) if employer and employee contributions are made in a timely manner in the
149.21amounts required by section 352.04. Employee contributions must be deducted from
149.22salary. Employer contributions are the sole obligation of the employer assuming operation
149.23of the University of Minnesota heating plant facilities or any successor organizations to
149.24that employer.
149.25EFFECTIVE DATE.(a) This section is effective July 1, 2013.
149.26(b) The membership inclusion under paragraph (a), clause (20), does not apply to
149.27a person who is receiving an age and service retirement annuity from the general state
149.28employees retirement plan of the Minnesota State Retirement System on June 30, 2013.

149.29    Sec. 2. Minnesota Statutes 2012, section 352.029, subdivision 1, is amended to read:
149.30    Subdivision 1. Qualifications. Unless already specifically included under section
149.31352.01, subdivision 2a, or unless specifically excluded under section 352.01, subdivision
149.322b
, a state employee on leave of absence without pay to provide service as an employee
149.33or officer of a labor organization that is an exclusive bargaining agent representing state
149.34employees may elect under subdivision 2 to be covered by the general state employees
150.1retirement plan of the Minnesota State Retirement System for service with the labor
150.2organization, subject to the limitations set forth in subdivisions 2a and 2b.
150.3EFFECTIVE DATE.This section is effective July 1, 2013.

150.4    Sec. 3. Minnesota Statutes 2012, section 352.029, subdivision 2a, is amended to read:
150.5    Subd. 2a. Limitations on salary for benefits and contributions. (a) The covered
150.6salary for a labor organization employee who is a member under section 352.01,
150.7subdivision 2a, paragraph (a), clause (20), or who qualifies for membership under this
150.8section or section 352.75 is limited to the lesser of:
150.9(1) the employee's actual salary as defined under section 352.01, subdivision 13; or
150.10(2) 75 percent of the salary of the governor as set under section 15A.082.
150.11(b) The limited covered salary determined under this subdivision must be used in
150.12determining employee, employer, and employer additional contributions under section
150.13352.04 , subdivisions 2 and 3, and in determining retirement annuities and other benefits
150.14under this chapter and chapter 356.
150.15EFFECTIVE DATE.This section is effective July 1, 2013.

150.16    Sec. 4. Minnesota Statutes 2012, section 352.029, subdivision 2b, is amended to read:
150.17    Subd. 2b. Earning restrictions apply. A retirement annuity is only payable, if the
150.18person has met any other applicable requirements, upon the termination of employment by
150.19the labor organization by the person who is a member under section 352.01, subdivision
150.202a, paragraph (a), clause (20), or who elected coverage under subdivision 1 of employment
150.21by the labor organization. The reemployed annuitant earnings limitation set forth in
150.22section 352.115, subdivision 10, applies in the event that the person who is a member
150.23under section 352.01, subdivision 2a, paragraph (a), clause (20), or who elected coverage
150.24under subdivision 1 retires and is subsequently reemployed while an annuitant by the labor
150.25organization or by any other entity employing persons who are covered by the Minnesota
150.26State Retirement System by virtue of that employment.
150.27EFFECTIVE DATE.This section is effective July 1, 2013.

150.28    Sec. 5. Minnesota Statutes 2012, section 352.029, subdivision 3, is amended to read:
150.29    Subd. 3. Contributions. The employee and employer contributions required
150.30by section 352.04, or by section 352.92 for employees covered by section 352.91, are
150.31the obligation of the employee who is a member under section 352.01, subdivision 2a,
150.32paragraph (a), clause (20), or who chooses coverage under this section. However, the
151.1employing labor organization may pay the employer contributions. Contributions made by
151.2the employee must be made by salary deduction. The employing labor organization shall
151.3pay all contributions to the system as required by section 352.04, or by section 352.92
151.4for employees covered by section 352.91.
151.5EFFECTIVE DATE.This section is effective July 1, 2013.

151.6    Sec. 6. Minnesota Statutes 2012, section 352.029, subdivision 5, is amended to read:
151.7    Subd. 5. Board membership excluded. Employees of a labor organization who
151.8become members of the system under section 352.01, subdivision 2a, paragraph (a),
151.9clause (20), or under this section are not eligible for election to the board of directors.
151.10EFFECTIVE DATE.This section is effective July 1, 2013.

151.11    Sec. 7. [356.408] TERMINATION OF SURVIVOR DESIGNATION.
151.12    Subdivision 1. Authorization to terminate optional annuity form. A public
151.13pension plan retired member receiving a joint and survivor retirement annuity or a person
151.14receiving a joint and survivor disability benefit from a plan listed in section 356.30,
151.15subdivision 3, and the designated survivor of that person may mutually agree to terminate
151.16the survivor designation by filing a termination statement on a form and in the manner
151.17specified by the chief administrative officer of the applicable public pension plan. Upon
151.18filing a valid termination statement accepted by the chief administrative officer, the rights
151.19of the designated survivor to receive a benefit upon death of the plan retired or disabled
151.20annuitant are terminated, and the retired or disabled annuitant must receive a normal
151.21single-life annuity.
151.22    Subd. 2. Revised annuity form. The replacement single life annuity must be
151.23actuarially equivalent to the joint and survivor annuity as of the first day of the month
151.24following acceptance of the valid termination statement by the chief administrative officer
151.25and payment of this revised prospective annuity begins on that same date.
151.26    Subd. 3. Application. This section does not apply if the designated survivor is the
151.27spouse or former spouse of the plan member.
151.28    Subd. 4. Termination statement form requirements. The annuity form
151.29termination statements must be in written form and must be notarized. Before accepting
151.30any signed form or forms, the chief administrative officer of the applicable pension plan
151.31must offer counseling to the retired or disabled annuitant and the designated survivor
151.32regarding the implications of the annuity form waiver. The forms must indicate that this
152.1counseling has been offered and either has been completed or has been waived by the
152.2retired or disabled annuitant and the designated survivor.
152.3    Subd. 5. Prohibition against further annuity form revisions. No retired or
152.4disabled annuitant who waives the annuity form under this section may further revise
152.5the annuity form at any later date.
152.6EFFECTIVE DATE.This section is effective the day following final enactment.

152.7    Sec. 8. Minnesota Statutes 2012, section 356.48, subdivision 1, is amended to read:
152.8    Subdivision 1. Covered plans. This section applies to the following retirement plans:
152.9(1) the general state employees retirement plan of the Minnesota State Retirement
152.10System established under chapter 352;
152.11(2) the correctional state employees retirement plan of the Minnesota State
152.12Retirement System established under chapter 352;
152.13(3) the State Patrol retirement plan established under chapter 352B;
152.14(4) the unclassified state employees retirement program of the Minnesota State
152.15Retirement System established under chapter 352D;
152.16(5) the general employee retirement plan of the Public Employees Retirement
152.17Association established under chapter 353;
152.18(6) the public employees police and fire retirement plan established under chapter 353;
152.19(7) the local government correctional employees retirement plan of the Public
152.20Employees Retirement Association established under chapter 353E;
152.21(8) the Teachers Retirement Association established under chapter 354; and
152.22(9) the St. Paul Teachers Retirement Fund Association established under chapter
152.23354A; and
152.24(9) (10) the uniform judicial retirement plan established under chapter 490.
152.25EFFECTIVE DATE.This section is effective the day following final enactment.

152.26    Sec. 9. MSRS-GENERAL RETIREMENT ELIGIBILITY CLARIFICATION;
152.27SERVICE CREDIT PURCHASE IN CERTAIN INSTANCES.
152.28(a) An eligible person described in paragraph (b) is entitled to purchase prior
152.29uncredited service credit under paragraph (c) and, if the service credit purchase is made, to
152.30have the effective start date for active retirement plan membership of June 30, 1989, and
152.31to retire under Minnesota Statutes, section 352.116, subdivision 1.
152.32(b) An eligible person is a person who:
152.33(1) was born on July 17, 1964;
153.1(2) was initially employed by the state of Minnesota as a temporary status laborer
153.2general on June 19, 1989;
153.3(3) became a seasonal status laborer general on August 30, 1989;
153.4(4) became an unlimited status laborer general on December 12, 1990;
153.5(5) has received annual statements from the Minnesota State Retirement System
153.6indicating eligibility for a retirement benefit under Minnesota Statutes, section 352.116,
153.7subdivision 1, paragraph (b), as of September 1, 2012, including the June 30, 2012, annual
153.8statement;
153.9(6) attended a Minnesota State Retirement System preretirement class in March
153.102012 and was individually informed by a Minnesota State Retirement System employee of
153.11the person's retirement eligibility under Minnesota Statutes, section 352.116, subdivision
153.121, paragraph (b); and
153.13(7) received a letter from the Minnesota State Retirement System on August 16,
153.142012, revising the start date for general state employees retirement plan allowable
153.15service credit from June 19, 1989, to September 27, 1989, and indicating consequent
153.16inapplicability of Minnesota Statutes, section 352.116, subdivision 1.
153.17(c) An eligible person may purchase allowable service credit in the general state
153.18employees retirement plan of the Minnesota State Retirement System for the period June
153.1930, 1989, by paying an amount equal to 7.63 percent of salary earned after June 18, 1989,
153.20to June 30, 1989, and to 8.85 percent of salary earned after June 30, 1989, to September 27,
153.211989, plus 8.5 percent compound interest on the total equivalent employee and employer
153.22contribution amounts from the date on which the contribution would have been deducted
153.23or paid if the person had been a member of the general state employees retirement plan of
153.24the Minnesota State Retirement System at the time to the date that this portion of the prior
153.25service credit purchase payment is made. The payment must be made in a lump sum.
153.26(d) An eligible person who purchased allowable service credit under paragraph
153.27(c) has a June 30, 1989, start date for allowable service credited by the general state
153.28employees retirement plan of the Minnesota State Retirement System and is eligible for a
153.29retirement annuity under Minnesota Statutes, section 352.116, subdivision 1.
153.30(e) Authority to purchase prior uncredited allowable service credit under this section
153.31expires on August 1, 2013.
153.32EFFECTIVE DATE.This section is effective July 1, 2013.

153.33    Sec. 10. PERA-GENERAL; PURCHASE OF CERTAIN PRIOR NORTHFIELD
153.34SERVICE CREDIT.
154.1(a) Notwithstanding any provision of Minnesota Statutes, chapter 353, to the
154.2contrary, an eligible person described in paragraph (b) is entitled to repay any prior refund
154.3as provided in paragraph (c) and is entitled to purchase service credit as provided in
154.4paragraph (d).
154.5(b) An eligible person is a person who:
154.6(1) was born on July 10, 1942;
154.7(2) was employed by the city of Northfield on October 5, 2005;
154.8(3) became a member of the general employees retirement plan of the Public
154.9Employees Retirement Association on April 5, 2009;
154.10(4) was employed by the transit division of the city of Northfield until June 29,
154.112012; and
154.12(5) was eligible for PERA general employees retirement plan membership on
154.13October 5, 2005, but was not reported to PERA for membership in a timely fashion.
154.14(c) The eligible person may repay to the general employees retirement fund of
154.15the Public Employees Retirement Association any refund of accumulated member
154.16contributions and interest previously received, plus interest at an annual rate of 8.5 percent
154.17compounded annually from the date on which the refund was paid until the date on which
154.18the refund is repaid.
154.19(d) If the eligible person repays all prior refunds under paragraph (c), the eligible
154.20person may purchase 43 months of allowable service credit and salary credit from the
154.21general employees retirement plan of the Public Employees Retirement Association by
154.22making a payment equal to the unpaid member contributions during the period October 5,
154.232005, until April 5, 2009, plus 8.5 percent interest from the date that each contribution
154.24would have been transmitted to the Public Employees Retirement Association until the
154.25date that the payment under this paragraph is made.
154.26(e) If the eligible person makes the payment required under paragraph (c) in a timely
154.27fashion, within 30 days following notification of that fact by the executive director of the
154.28Public Employees Retirement Association, the city of Northfield shall pay the balance
154.29of the prior service credit purchase payment amount required under Minnesota Statutes,
154.30section 356.551. If the payment by the city of Northfield is not paid in a timely fashion,
154.31the executive director shall collect the unpaid amount as provided under Minnesota
154.32Statutes, section 353.28, subdivision 6.
154.33(f) Authority to repay a refund and to make a prior service credit purchase payment
154.34under this section expires on December 31, 2014.
154.35EFFECTIVE DATE.This section is effective the day following final enactment.

155.1    Sec. 11. PERA-GENERAL; SERVICE CREDIT PURCHASE FOR OMITTED
155.2CONTRIBUTION PERIOD; WRIGHT COUNTY HIGHWAY DEPARTMENT
155.3EMPLOYEE.
155.4(a) Notwithstanding any provision of law to the contrary, an eligible person
155.5described in paragraph (b) is entitled to purchase from the general employees retirement
155.6plan of the Public Employees Retirement Association allowable service credit under
155.7Minnesota Statutes, section 353.01, subdivision 16, for the period of omitted member
155.8deductions described in paragraph (c).
155.9(b) An eligible person is a person who:
155.10(1) was born on March 19, 1959;
155.11(2) is a current employee of the Wright County Highway Department, covered by
155.12the general employees retirement plan of the Public Employees Retirement Association;
155.13(3) shifted from temporary to full-time employment with the highway department
155.14in April 2007; and
155.15(4) was not reported by Wright County for retirement coverage by and membership
155.16in the general employees retirement plan of the Public Employees Retirement Association
155.17until March 2012.
155.18(c) The period of uncredited service authorized for purchase is the period from
155.19April 2007 through December 2008, during which no member contributions for the
155.20general employees retirement plan of the Public Employees Retirement Association were
155.21deducted from the eligible person's salary by Wright County, and which could not be
155.22corrected through the Public Employees Retirement Association omitted contribution
155.23provision due to a three-year time limit in the provision.
155.24(d) Minnesota Statutes, section 356.551, applies to this purchase, except that the
155.25purchase payment amount payable by the eligible person is the employee contributions
155.26that should have been made, plus 8.5 percent interest compounded annually from the
155.27date each deduction should have occurred, until the date paid to the Public Employees
155.28Retirement Association. The purchase payment amount payable by Wright County is the
155.29balance of the full actuarial value prior service credit purchase payment amount as of the
155.30first day of the month next following the receipt of the eligible person's payment that is
155.31remaining after deducting the purchase payment amount payable by the eligible person.
155.32(e) The payment amount due from the county under paragraph (d) must be made on
155.33or before the 15th of the month next following the receipt of the eligible person's payment
155.34under paragraph (d). If the county purchase payment amount is not paid in a timely
155.35fashion, the amount due accrues compound monthly interest at the rate of 0.71 percent per
155.36month from the first day of the month next following the receipt of the eligible person's
156.1payment until the county purchase payment amount is received by the Public Employees
156.2Retirement Association. If the county purchase payment amount is not paid to the Public
156.3Employees Retirement Association 90 days after the receipt of the eligible person's
156.4payment, the executive director shall notify the commissioner of management and budget
156.5and the commissioner of revenue of that unpaid obligation and the unpaid obligation must
156.6be deducted from any state aid otherwise payable to the county, plus interest.
156.7(f) The eligible person must provide the executive director of the Public Employees
156.8Retirement Association with any relevant requested information pertaining to this service
156.9credit purchase.
156.10(g) Authority to make a service credit purchase under this section expires on June
156.1130, 2014, or upon the termination from public employment under Minnesota Statutes,
156.12section 353.01, subdivision 11a, whichever occurs earlier.
156.13EFFECTIVE DATE.This section is effective the day following final enactment.

156.14ARTICLE 8
156.15MISCELLANEOUS PROVISIONS

156.16    Section 1. [6.496] VOLUNTEER FIREFIGHTER RELIEF ASSOCIATIONS;
156.17STATE BOARD OF INVESTMENT OPTIONS.
156.18(a) Annually, on or before March 1, the state auditor shall provide all volunteer
156.19firefighter relief associations with recent and historic investment performance results of
156.20the various accounts of the Minnesota supplemental investment fund and information
156.21on the process and procedures for a volunteer firefighter relief association to utilize the
156.22Minnesota supplemental investment fund as an investment option.
156.23(b) Annually, on or before March 1, the state auditor shall provide all volunteer
156.24firefighter relief associations with basic information on the voluntary statewide lump-sum
156.25volunteer firefighter retirement plan, that a fire department has the option annually to join
156.26the retirement plan, and that, if the fire department joins the retirement plan, future asset
156.27investments would be the responsibility of the State Board of Investment.
156.28(c) The information provision required by paragraphs (a) and (b) may be provided in
156.29an electronic or other format if the state auditor determines that the format is reasonably
156.30accessible by a preponderance of volunteer firefighter relief associations.
156.31EFFECTIVE DATE.This section is effective July 1, 2013.

156.32    Sec. 2. Minnesota Statutes 2012, section 352.03, subdivision 4, is amended to read:
156.33    Subd. 4. Duties and powers of board of directors. (a) The board shall:
157.1    (1) elect a chair;
157.2    (2) appoint an executive director;
157.3    (3) establish rules to administer this chapter and chapters 3A, 352B, 352C, 352D,
157.4and 490 and transact the business of the system, subject to the limitations of law;
157.5    (4) consider and dispose of, or take any other action the board of directors deems
157.6appropriate concerning, denials of applications for annuities or disability benefits under
157.7this chapter, chapter 3A, 352B, 352C, 352D, or 490, and complaints of employees and
157.8others pertaining to the retirement of employees and the operation of the system;
157.9    (5) oversee the administration of the deferred compensation plan established in
157.10section 352.965; and
157.11    (6) oversee the administration of the health care savings plan established in section
157.12352.98.; and
157.13    (7) approve early retirement and optional annuity factors, subject to review by the
157.14actuary retained by the Legislative Commission on Pensions and Retirement; establish
157.15the schedule for implementation of the approved factors; and notify the Legislative
157.16Commission on Pensions and Retirement of the implementation schedule.
157.17    (b) The board shall advise the director on any matters relating to the system and
157.18carrying out functions and purposes of this chapter. The board's advice shall control.

157.19    Sec. 3. Minnesota Statutes 2012, section 353.03, subdivision 3, is amended to read:
157.20    Subd. 3. Duties and powers. (a) The board shall:
157.21    (1) elect a president and vice-president;
157.22    (2) approve the staffing complement, as recommended by the executive director,
157.23necessary to administer the fund;
157.24     (3) adopt bylaws for its own government and for the management of the fund
157.25consistent with the laws of the state and may modify them at pleasure;
157.26    (4) adopt, alter, and enforce reasonable rules consistent with the laws of the state and
157.27the terms of the applicable benefit plans for the administration and management of the
157.28fund, for the payment and collection of payments from members and for the payment of
157.29withdrawals and benefits, and that are necessary in order to comply with the applicable
157.30federal Internal Revenue Service and Department of Labor requirements;
157.31    (5) pass upon and allow or disallow all applications for membership in the fund and
157.32allow or disallow claims for withdrawals, pensions, or benefits payable from the fund;
157.33    (6) adopt an appropriate mortality table based on experience of the fund as
157.34recommended by the association actuary and approved under section 356.215, subdivision
157.3518
, with interest set at the rate specified in section 356.215, subdivision 8;
158.1    (7) provide for the payment out of the fund of the cost of administering this
158.2chapter, of all necessary expenses for the administration of the fund and of all claims for
158.3withdrawals, pensions, or benefits allowed; and
158.4    (8) approve or disapprove all recommendations and actions of the executive director
158.5made subject to its approval or disapproval by subdivision 3a.; and
158.6    (9) approve early retirement and optional annuity factors, subject to review by the
158.7actuary retained by the Legislative Commission on Pensions and Retirement; establish
158.8the schedule for implementation of the approved factors; and notify the Legislative
158.9Commission on Pensions and Retirement of the implementation schedule.
158.10    (b) In passing upon all applications and claims, the board may summon, swear, hear,
158.11and examine witnesses and, in the case of claims for disability benefits, may require the
158.12claimant to submit to a medical examination by a physician of the board's choice, at the
158.13expense of the fund, as a condition precedent to the passing on the claim, and, in the
158.14case of all applications and claims, may conduct investigations necessary to determine
158.15their validity and merit.
158.16    (c) The board may continue to authorize the sale of life insurance to members under
158.17the insurance program in effect on January 1, 1985, but must not change that program
158.18without the approval of the commissioner of management and budget. The association
158.19shall not receive any financial benefit from the life insurance program beyond the amount
158.20necessary to reimburse the association for costs incurred in administering the program.
158.21The association shall not engage directly or indirectly in any other activity involving the
158.22sale or promotion of goods or services, or both, whether to members or nonmembers.
158.23    (d) The board shall establish procedures governing reimbursement of expenses
158.24to board members. These procedures must define the types of activities and expenses
158.25that qualify for reimbursement, must provide that all out-of-state travel be authorized
158.26by the board, and must provide for the independent verification of claims for expense
158.27reimbursement. The procedures must comply with the applicable rules and policies of the
158.28Department of Management and Budget and the Department of Administration.
158.29    (e) The board may purchase fiduciary liability insurance and official bonds for the
158.30officers and members of the board of trustees and employees of the association and may
158.31purchase property insurance or may establish a self-insurance risk reserve including, but
158.32not limited to, data processing insurance and "extra-expense" coverage.

158.33    Sec. 4. Minnesota Statutes 2012, section 354.07, subdivision 1, is amended to read:
158.34    Subdivision 1. General powers of board. The board has the power to frame bylaws
158.35for its own government and for the management of the association not inconsistent with
159.1the laws of the state and to modify them at its pleasure; to adopt, alter, and enforce
159.2reasonable rules not inconsistent with the laws of the state for the administration and
159.3management of the association, for the payment and collection of payments from
159.4members, and for the payment of withdrawals and benefits; to pass upon and allow or
159.5disallow applications for membership in the association and for credit for teaching service;
159.6to pass upon and allow or disallow claims for withdrawals, pensions, or benefits payable
159.7by the fund; to adopt an appropriate mortality table based on experience of the association
159.8as recommended by the actuary retained under section 356.214 and using the applicable
159.9postretirement interest assumption specified in section 356.215, subdivision 8; to approve
159.10early retirement and optional annuity factors, subject to review by the actuary retained by
159.11the Legislative Commission on Pensions and Retirement; to establish the schedule for
159.12implementation of the approved factors; to notify the Legislative Commission on Pensions
159.13and Retirement of the implementation schedule; and to provide for the payment out of
159.14the fund of necessary expenses for the administration by the association and of claims for
159.15withdrawals, pensions, or benefits allowed.

159.16    Sec. 5. Minnesota Statutes 2012, section 354A.021, subdivision 2, is amended to read:
159.17    Subd. 2. Organization; board duties. (a) Each teachers retirement fund association
159.18shall be organized and governed pursuant to this chapter and chapter 317A, except that
159.19each association shall be deemed to be a nonprofit corporation without coming within
159.20the definition in section 317A.011, subdivision 6. Any corporate action of any teachers
159.21retirement fund association taken prior to April 9, 1976, shall be deemed to be valid if it
159.22conformed with Minnesota Statutes 1976, chapter 317 or 354A, or Revised Laws 1905,
159.23chapter 58, as amended through April 9, 1976.
159.24(b) In addition to the other powers and duties of a board of trustees of a first class
159.25city teacher retirement fund association, the board shall approve early retirement and
159.26optional annuity factors, subject to review by the actuary retained by the Legislative
159.27Commission on Pensions and Retirement; shall establish the schedule for implementation
159.28of the approved factors; and shall notify the Legislative Commission on Pensions and
159.29Retirement of the implementation schedule.
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