Bill Text: MN SF1943 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public employees retirement association (PERA) St. Cloud metropolitan transit commission employees membership exclusion
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-02-27 - Referred to State and Local Government [SF1943 Detail]
Download: Minnesota-2013-SF1943-Introduced.html
1.2relating to retirement; general employees retirement plan of the Public
1.3Employees Retirement Association; authorizing exclusion from membership of
1.4certain employees of the St. Cloud Metropolitan Transit Commission; amending
1.5Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b,
1.8is amended to read:
1.9 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
1.10to participate as members of the association with retirement coverage by the general
1.11employees retirement plan, the local government correctional employees retirement plan
1.12under chapter 353E, or the public employees police and fire retirement plan:
1.13 (1) persons whose salary from one governmental subdivision never exceeds $425 in
1.14a month;
1.15(2) public officers who are elected to a governing body, city mayors, or persons who
1.16are appointed to fill a vacancy in an elective office of a governing body, whose term of office
1.17commences on or after July 1, 2002, for the service to be rendered in that elective position;
1.18 (3) election officers or election judges;
1.19 (4) patient and inmate personnel who perform services for a governmental
1.20subdivision;
1.21 (5) except as otherwise specified in subdivision 12a, employees who are hired for
1.22a temporary position as defined under subdivision 12a, and employees who resign from
1.23a nontemporary position and accept a temporary position within 30 days in the same
1.24governmental subdivision;
2.1 (6) employees who are employed by reason of work emergency caused by fire,
2.2flood, storm, or similar disaster;
2.3 (7) employees who by virtue of their employment in one governmental subdivision
2.4are required by law to be a member of and to contribute to any of the plans or funds
2.5administered by the Minnesota State Retirement System, the Teachers Retirement
2.6Association, the Duluth Teachers Retirement Fund Association, and the St. Paul Teachers
2.7Retirement Fund Association. This clause must not be construed to prevent a person from
2.8being a member of and contributing to the Public Employees Retirement Association and
2.9also belonging to and contributing to another public pension plan or fund for other service
2.10occurring during the same period of time. A person who meets the definition of "public
2.11employee" in subdivision 2 by virtue of other service occurring during the same period of
2.12time becomes a member of the association unless contributions are made to another public
2.13retirement fund on the salary based on the other service or to the Teachers Retirement
2.14Association by a teacher as defined in section354.05, subdivision 2 ;
2.15 (8) persons who are members of a religious order and are excluded from coverage
2.16under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
2.17performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
2.18as amended through January 1, 1987, if no irrevocable election of coverage has been made
2.19under section 3121(r) of the Internal Revenue Code of 1954, as amended;
2.20 (9) employees of a governmental subdivision who have not reached the age of
2.2123 and are enrolled on a full-time basis to attend or are attending classes on a full-time
2.22basis at an accredited school, college, or university in an undergraduate, graduate, or
2.23professional-technical program, or a public or charter high school;
2.24 (10) resident physicians, medical interns, and pharmacist residents and pharmacist
2.25interns who are serving in a degree or residency program in public hospitals or clinics;
2.26 (11) students who are serving for up to five years in an internship or residency program
2.27sponsored by a governmental subdivision, including an accredited educational institution;
2.28 (12) persons who hold a part-time adult supplementary technical college license who
2.29render part-time teaching service in a technical college;
2.30 (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
2.31foreign citizens who are employed by a governmental subdivision under a work permit, or
2.32an H-1b visa initially issued or extended for a combined period less than three years of
2.33employment. Upon extension of the employment beyond the three-year period, the foreign
2.34citizens must be reported for membership beginning the first of the month thereafter
2.35provided the monthly earnings threshold as provided under subdivision 2a is met;
3.1 (14) public hospital employees who elected not to participate as members of the
3.2association before 1972 and who did not elect to participate from July 1, 1988, to October
3.31, 1988;
3.4 (15) except as provided in section353.86 , volunteer ambulance service personnel, as
3.5defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
3.6may still qualify as public employees under subdivision 2 and may be members of the
3.7Public Employees Retirement Association and participants in the general employees
3.8retirement plan or the public employees police and fire plan, whichever applies, on the
3.9basis of compensation received from public employment service other than service as
3.10volunteer ambulance service personnel;
3.11 (16) except as provided in section353.87 , volunteer firefighters, as defined in
3.12subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
3.13but a person who is a volunteer firefighter may still qualify as a public employee under
3.14subdivision 2 and may be a member of the Public Employees Retirement Association and
3.15a participant in the general employees retirement plan or the public employees police
3.16and fire plan, whichever applies, on the basis of compensation received from public
3.17employment activities other than those as a volunteer firefighter;
3.18 (17) pipefitters and associated trades personnel employed by Independent School
3.19District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
3.20pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
3.21if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
3.22241, article 2, section 12;
3.23 (18) electrical workers, plumbers, carpenters, and associated trades personnel who
3.24are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
3.25who have retirement coverage under a collective bargaining agreement by the Electrical
3.26Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
3.27or the pension plan applicable to Carpenters Local 87 who were either first employed after
3.28May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
3.29Laws 2000, chapter 461, article 7, section 5;
3.30 (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
3.31painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
3.32or Independent School District No. 625, St. Paul, with coverage under a collective
3.33bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
3.34the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
3.35pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
3.36Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
4.1first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
4.2Session chapter 10, article 10, section 6;
4.3 (20) plumbers who are employed by the Metropolitan Airports Commission, with
4.4coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
4.5who either were first employed after May 1, 2001, or if first employed before May 2,
4.62001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
4.710, section 6;
4.8 (21) employees who are hired after June 30, 2002, to fill seasonal positions under
4.9subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
4.10days or less in each year of employment with the governmental subdivision;
4.11 (22) persons who are provided supported employment or work-study positions by a
4.12governmental subdivision and who participate in an employment or industries program
4.13maintained for the benefit of these persons where the governmental subdivision limits the
4.14position's duration to up to five years, including persons participating in a federal or state
4.15subsidized on-the-job training, work experience, senior citizen, youth, or unemployment
4.16relief program where the training or work experience is not provided as a part of, or
4.17for, future permanent public employment;
4.18 (23) independent contractors and the employees of independent contractors;
4.19 (24) reemployed annuitants of the association during the course of that
4.20reemployment;and
4.21(25) persons appointed to serve on a board or commission of a governmental
4.22subdivision or an instrumentality thereof.; and
4.23(26) persons employed as full-time fixed-route bus drivers by the St. Cloud
4.24Metropolitan Transit Commission who are members of the International Brotherhood
4.25of Teamsters Local 638 and who are, by virtue of that employment, members of the
4.26International Brotherhood of Teamsters Central States pension plan.
4.27(b) Any person performing the duties of a public officer in a position defined in
4.28subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
4.29employee of an independent contractor.
4.30EFFECTIVE DATE.This section is effective retroactively from August 1, 1986.
1.3Employees Retirement Association; authorizing exclusion from membership of
1.4certain employees of the St. Cloud Metropolitan Transit Commission; amending
1.5Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2b,
1.8is amended to read:
1.9 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
1.10to participate as members of the association with retirement coverage by the general
1.11employees retirement plan, the local government correctional employees retirement plan
1.12under chapter 353E, or the public employees police and fire retirement plan:
1.13 (1) persons whose salary from one governmental subdivision never exceeds $425 in
1.14a month;
1.15(2) public officers who are elected to a governing body, city mayors, or persons who
1.16are appointed to fill a vacancy in an elective office of a governing body, whose term of office
1.17commences on or after July 1, 2002, for the service to be rendered in that elective position;
1.18 (3) election officers or election judges;
1.19 (4) patient and inmate personnel who perform services for a governmental
1.20subdivision;
1.21 (5) except as otherwise specified in subdivision 12a, employees who are hired for
1.22a temporary position as defined under subdivision 12a, and employees who resign from
1.23a nontemporary position and accept a temporary position within 30 days in the same
1.24governmental subdivision;
2.1 (6) employees who are employed by reason of work emergency caused by fire,
2.2flood, storm, or similar disaster;
2.3 (7) employees who by virtue of their employment in one governmental subdivision
2.4are required by law to be a member of and to contribute to any of the plans or funds
2.5administered by the Minnesota State Retirement System, the Teachers Retirement
2.6Association, the Duluth Teachers Retirement Fund Association, and the St. Paul Teachers
2.7Retirement Fund Association. This clause must not be construed to prevent a person from
2.8being a member of and contributing to the Public Employees Retirement Association and
2.9also belonging to and contributing to another public pension plan or fund for other service
2.10occurring during the same period of time. A person who meets the definition of "public
2.11employee" in subdivision 2 by virtue of other service occurring during the same period of
2.12time becomes a member of the association unless contributions are made to another public
2.13retirement fund on the salary based on the other service or to the Teachers Retirement
2.14Association by a teacher as defined in section
2.15 (8) persons who are members of a religious order and are excluded from coverage
2.16under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
2.17performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
2.18as amended through January 1, 1987, if no irrevocable election of coverage has been made
2.19under section 3121(r) of the Internal Revenue Code of 1954, as amended;
2.20 (9) employees of a governmental subdivision who have not reached the age of
2.2123 and are enrolled on a full-time basis to attend or are attending classes on a full-time
2.22basis at an accredited school, college, or university in an undergraduate, graduate, or
2.23professional-technical program, or a public or charter high school;
2.24 (10) resident physicians, medical interns, and pharmacist residents and pharmacist
2.25interns who are serving in a degree or residency program in public hospitals or clinics;
2.26 (11) students who are serving for up to five years in an internship or residency program
2.27sponsored by a governmental subdivision, including an accredited educational institution;
2.28 (12) persons who hold a part-time adult supplementary technical college license who
2.29render part-time teaching service in a technical college;
2.30 (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
2.31foreign citizens who are employed by a governmental subdivision under a work permit, or
2.32an H-1b visa initially issued or extended for a combined period less than three years of
2.33employment. Upon extension of the employment beyond the three-year period, the foreign
2.34citizens must be reported for membership beginning the first of the month thereafter
2.35provided the monthly earnings threshold as provided under subdivision 2a is met;
3.1 (14) public hospital employees who elected not to participate as members of the
3.2association before 1972 and who did not elect to participate from July 1, 1988, to October
3.31, 1988;
3.4 (15) except as provided in section
3.5defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
3.6may still qualify as public employees under subdivision 2 and may be members of the
3.7Public Employees Retirement Association and participants in the general employees
3.8retirement plan or the public employees police and fire plan, whichever applies, on the
3.9basis of compensation received from public employment service other than service as
3.10volunteer ambulance service personnel;
3.11 (16) except as provided in section
3.12subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
3.13but a person who is a volunteer firefighter may still qualify as a public employee under
3.14subdivision 2 and may be a member of the Public Employees Retirement Association and
3.15a participant in the general employees retirement plan or the public employees police
3.16and fire plan, whichever applies, on the basis of compensation received from public
3.17employment activities other than those as a volunteer firefighter;
3.18 (17) pipefitters and associated trades personnel employed by Independent School
3.19District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
3.20pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
3.21if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
3.22241, article 2, section 12;
3.23 (18) electrical workers, plumbers, carpenters, and associated trades personnel who
3.24are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
3.25who have retirement coverage under a collective bargaining agreement by the Electrical
3.26Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
3.27or the pension plan applicable to Carpenters Local 87 who were either first employed after
3.28May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
3.29Laws 2000, chapter 461, article 7, section 5;
3.30 (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
3.31painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
3.32or Independent School District No. 625, St. Paul, with coverage under a collective
3.33bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
3.34the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
3.35pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
3.36Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
4.1first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
4.2Session chapter 10, article 10, section 6;
4.3 (20) plumbers who are employed by the Metropolitan Airports Commission, with
4.4coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
4.5who either were first employed after May 1, 2001, or if first employed before May 2,
4.62001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
4.710, section 6;
4.8 (21) employees who are hired after June 30, 2002, to fill seasonal positions under
4.9subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
4.10days or less in each year of employment with the governmental subdivision;
4.11 (22) persons who are provided supported employment or work-study positions by a
4.12governmental subdivision and who participate in an employment or industries program
4.13maintained for the benefit of these persons where the governmental subdivision limits the
4.14position's duration to up to five years, including persons participating in a federal or state
4.15subsidized on-the-job training, work experience, senior citizen, youth, or unemployment
4.16relief program where the training or work experience is not provided as a part of, or
4.17for, future permanent public employment;
4.18 (23) independent contractors and the employees of independent contractors;
4.19 (24) reemployed annuitants of the association during the course of that
4.20reemployment;
4.21(25) persons appointed to serve on a board or commission of a governmental
4.22subdivision or an instrumentality thereof
4.23(26) persons employed as full-time fixed-route bus drivers by the St. Cloud
4.24Metropolitan Transit Commission who are members of the International Brotherhood
4.25of Teamsters Local 638 and who are, by virtue of that employment, members of the
4.26International Brotherhood of Teamsters Central States pension plan.
4.27(b) Any person performing the duties of a public officer in a position defined in
4.28subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
4.29employee of an independent contractor.
4.30EFFECTIVE DATE.This section is effective retroactively from August 1, 1986.
