Bill Text: MN HF495 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public employees excluded from participation as members of the Public Employee Retirement Association durational time limit changed.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-11 - Introduction and first reading, referred to Government Operations [HF495 Detail]
Download: Minnesota-2013-HF495-Introduced.html
1.2relating to retirement; changing the durational time limit for certain public
1.3employees excluded from participation as members of the Public Employee
1.4Retirement Association;amending Minnesota Statutes 2012, section 353.01,
1.5subdivision 2b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 353.01, subdivision 2b, is amended to read:
1.8 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
1.9to participate as members of the association with retirement coverage by the general
1.10employees retirement plan, the local government correctional employees retirement plan
1.11under chapter 353E, or the public employees police and fire retirement plan:
1.12 (1) persons whose salary from one governmental subdivision never exceeds $425 in
1.13a month;
1.14(2) public officers who are elected to a governing body, city mayors, or persons who
1.15are appointed to fill a vacancy in an elective office of a governing body, whose term of office
1.16commences on or after July 1, 2002, for the service to be rendered in that elective position;
1.17 (3) election officers or election judges;
1.18 (4) patient and inmate personnel who perform services for a governmental
1.19subdivision;
1.20 (5) except as otherwise specified in subdivision 12a, employees who are hired for
1.21a temporary position as defined under subdivision 12a, and employees who resign from
1.22a nontemporary position and accept a temporary position within 30 days in the same
1.23governmental subdivision;
1.24 (6) employees who are employed by reason of work emergency caused by fire,
1.25flood, storm, or similar disaster;
2.1 (7) employees who by virtue of their employment in one governmental subdivision
2.2are required by law to be a member of and to contribute to any of the plans or funds
2.3administered by the Minnesota State Retirement System, the Teachers Retirement
2.4Association, the Duluth Teachers Retirement Fund Association, the St. Paul Teachers
2.5Retirement Fund Association, or any police or firefighters relief association governed by
2.6section69.77 that has not consolidated with the Public Employees Retirement Association,
2.7or any local police or firefighters consolidation account who have not elected the type of
2.8benefit coverage provided by the public employees police and fire fund under sections
2.9353A.01
to
353A.10 , or any persons covered by section
353.665, subdivision 4 , 5, or 6,
2.10who have not elected public employees police and fire plan benefit coverage. This clause
2.11must not be construed to prevent a person from being a member of and contributing to
2.12the Public Employees Retirement Association and also belonging to and contributing to
2.13another public pension plan or fund for other service occurring during the same period
2.14of time. A person who meets the definition of "public employee" in subdivision 2 by
2.15virtue of other service occurring during the same period of time becomes a member of the
2.16association unless contributions are made to another public retirement fund on the salary
2.17based on the other service or to the Teachers Retirement Association by a teacher as
2.18defined in section354.05, subdivision 2 ;
2.19 (8) persons who are members of a religious order and are excluded from coverage
2.20under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
2.21performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
2.22as amended through January 1, 1987, if no irrevocable election of coverage has been made
2.23under section 3121(r) of the Internal Revenue Code of 1954, as amended;
2.24 (9) employees of a governmental subdivision who have not reached the age of
2.2523 and are enrolled on a full-time basis to attend or are attending classes on a full-time
2.26basis at an accredited school, college, or university in an undergraduate, graduate, or
2.27professional-technical program, or a public or charter high school;
2.28 (10) resident physicians, medical interns, and pharmacist residents and pharmacist
2.29interns who are serving in a degree or residency program in public hospitals or clinics;
2.30 (11) students who are serving in an internship or residency program sponsored
2.31by an accredited educational institution;
2.32 (12) persons who hold a part-time adult supplementary technical college license who
2.33render part-time teaching service in a technical college;
2.34 (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
2.35foreign citizens who are employed by a governmental subdivision under a work permit, or
2.36an H-1b visa initially issued or extended for a combined period less than three years of
3.1employment. Upon extension of the employment beyond the three-year period, the foreign
3.2citizens must be reported for membership beginning the first of the month thereafter
3.3provided the monthly earnings threshold as provided under subdivision 2a is met;
3.4 (14) public hospital employees who elected not to participate as members of the
3.5association before 1972 and who did not elect to participate from July 1, 1988, to October
3.61, 1988;
3.7 (15) except as provided in section353.86 , volunteer ambulance service personnel, as
3.8defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
3.9may still qualify as public employees under subdivision 2 and may be members of the
3.10Public Employees Retirement Association and participants in the general employees
3.11retirement plan or the public employees police and fire plan, whichever applies, on the
3.12basis of compensation received from public employment service other than service as
3.13volunteer ambulance service personnel;
3.14 (16) except as provided in section353.87 , volunteer firefighters, as defined in
3.15subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
3.16but a person who is a volunteer firefighter may still qualify as a public employee under
3.17subdivision 2 and may be a member of the Public Employees Retirement Association and
3.18a participant in the general employees retirement plan or the public employees police
3.19and fire plan, whichever applies, on the basis of compensation received from public
3.20employment activities other than those as a volunteer firefighter;
3.21 (17) pipefitters and associated trades personnel employed by Independent School
3.22District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
3.23pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
3.24if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
3.25241, article 2, section 12;
3.26 (18) electrical workers, plumbers, carpenters, and associated trades personnel who
3.27are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
3.28who have retirement coverage under a collective bargaining agreement by the Electrical
3.29Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
3.30or the pension plan applicable to Carpenters Local 87 who were either first employed after
3.31May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
3.32Laws 2000, chapter 461, article 7, section 5;
3.33 (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
3.34painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
3.35or Independent School District No. 625, St. Paul, with coverage under a collective
3.36bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
4.1the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
4.2pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
4.3Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
4.4first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
4.5Session chapter 10, article 10, section 6;
4.6 (20) plumbers who are employed by the Metropolitan Airports Commission, with
4.7coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
4.8who either were first employed after May 1, 2001, or if first employed before May 2,
4.92001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
4.1010, section 6;
4.11 (21) employees who are hired after June 30, 2002, to fill seasonal positions under
4.12subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
4.13days or less in each year of employment with the governmental subdivision;
4.14 (22) persons who are provided supported employment or work-study positions by a
4.15governmental subdivision and who participate in an employment or industries program
4.16maintained for the benefit of these persons where the governmental subdivision limits the
4.17position's duration tothree years or less up to five years, including persons participating in
4.18a federal or state subsidized on-the-job training, work experience, senior citizen, youth,
4.19or unemployment relief program where the training or work experience is not provided
4.20as a part of, or for, future permanent public employment;
4.21 (23) independent contractors and the employees of independent contractors;
4.22 (24) reemployed annuitants of the association during the course of that
4.23reemployment; and
4.24(25) persons appointed to serve on a board or commission of a governmental
4.25subdivision or an instrumentality thereof.
4.26(b) Any person performing the duties of a public officer in a position defined in
4.27subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
4.28employee of an independent contractor.
1.3employees excluded from participation as members of the Public Employee
1.4Retirement Association;amending Minnesota Statutes 2012, section 353.01,
1.5subdivision 2b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 353.01, subdivision 2b, is amended to read:
1.8 Subd. 2b. Excluded employees. (a) The following public employees are not eligible
1.9to participate as members of the association with retirement coverage by the general
1.10employees retirement plan, the local government correctional employees retirement plan
1.11under chapter 353E, or the public employees police and fire retirement plan:
1.12 (1) persons whose salary from one governmental subdivision never exceeds $425 in
1.13a month;
1.14(2) public officers who are elected to a governing body, city mayors, or persons who
1.15are appointed to fill a vacancy in an elective office of a governing body, whose term of office
1.16commences on or after July 1, 2002, for the service to be rendered in that elective position;
1.17 (3) election officers or election judges;
1.18 (4) patient and inmate personnel who perform services for a governmental
1.19subdivision;
1.20 (5) except as otherwise specified in subdivision 12a, employees who are hired for
1.21a temporary position as defined under subdivision 12a, and employees who resign from
1.22a nontemporary position and accept a temporary position within 30 days in the same
1.23governmental subdivision;
1.24 (6) employees who are employed by reason of work emergency caused by fire,
1.25flood, storm, or similar disaster;
2.1 (7) employees who by virtue of their employment in one governmental subdivision
2.2are required by law to be a member of and to contribute to any of the plans or funds
2.3administered by the Minnesota State Retirement System, the Teachers Retirement
2.4Association, the Duluth Teachers Retirement Fund Association, the St. Paul Teachers
2.5Retirement Fund Association, or any police or firefighters relief association governed by
2.6section
2.7or any local police or firefighters consolidation account who have not elected the type of
2.8benefit coverage provided by the public employees police and fire fund under sections
2.10who have not elected public employees police and fire plan benefit coverage. This clause
2.11must not be construed to prevent a person from being a member of and contributing to
2.12the Public Employees Retirement Association and also belonging to and contributing to
2.13another public pension plan or fund for other service occurring during the same period
2.14of time. A person who meets the definition of "public employee" in subdivision 2 by
2.15virtue of other service occurring during the same period of time becomes a member of the
2.16association unless contributions are made to another public retirement fund on the salary
2.17based on the other service or to the Teachers Retirement Association by a teacher as
2.18defined in section
2.19 (8) persons who are members of a religious order and are excluded from coverage
2.20under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
2.21performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
2.22as amended through January 1, 1987, if no irrevocable election of coverage has been made
2.23under section 3121(r) of the Internal Revenue Code of 1954, as amended;
2.24 (9) employees of a governmental subdivision who have not reached the age of
2.2523 and are enrolled on a full-time basis to attend or are attending classes on a full-time
2.26basis at an accredited school, college, or university in an undergraduate, graduate, or
2.27professional-technical program, or a public or charter high school;
2.28 (10) resident physicians, medical interns, and pharmacist residents and pharmacist
2.29interns who are serving in a degree or residency program in public hospitals or clinics;
2.30 (11) students who are serving in an internship or residency program sponsored
2.31by an accredited educational institution;
2.32 (12) persons who hold a part-time adult supplementary technical college license who
2.33render part-time teaching service in a technical college;
2.34 (13) except for employees of Hennepin County or Hennepin Healthcare System, Inc.,
2.35foreign citizens who are employed by a governmental subdivision under a work permit, or
2.36an H-1b visa initially issued or extended for a combined period less than three years of
3.1employment. Upon extension of the employment beyond the three-year period, the foreign
3.2citizens must be reported for membership beginning the first of the month thereafter
3.3provided the monthly earnings threshold as provided under subdivision 2a is met;
3.4 (14) public hospital employees who elected not to participate as members of the
3.5association before 1972 and who did not elect to participate from July 1, 1988, to October
3.61, 1988;
3.7 (15) except as provided in section
3.8defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
3.9may still qualify as public employees under subdivision 2 and may be members of the
3.10Public Employees Retirement Association and participants in the general employees
3.11retirement plan or the public employees police and fire plan, whichever applies, on the
3.12basis of compensation received from public employment service other than service as
3.13volunteer ambulance service personnel;
3.14 (16) except as provided in section
3.15subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties,
3.16but a person who is a volunteer firefighter may still qualify as a public employee under
3.17subdivision 2 and may be a member of the Public Employees Retirement Association and
3.18a participant in the general employees retirement plan or the public employees police
3.19and fire plan, whichever applies, on the basis of compensation received from public
3.20employment activities other than those as a volunteer firefighter;
3.21 (17) pipefitters and associated trades personnel employed by Independent School
3.22District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
3.23pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
3.24if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
3.25241, article 2, section 12;
3.26 (18) electrical workers, plumbers, carpenters, and associated trades personnel who
3.27are employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
3.28who have retirement coverage under a collective bargaining agreement by the Electrical
3.29Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
3.30or the pension plan applicable to Carpenters Local 87 who were either first employed after
3.31May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under
3.32Laws 2000, chapter 461, article 7, section 5;
3.33 (19) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
3.34painters, allied tradesworkers, and plasterers who are employed by the city of St. Paul
3.35or Independent School District No. 625, St. Paul, with coverage under a collective
3.36bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
4.1the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
4.2pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
4.3Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
4.4first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
4.5Session chapter 10, article 10, section 6;
4.6 (20) plumbers who are employed by the Metropolitan Airports Commission, with
4.7coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
4.8who either were first employed after May 1, 2001, or if first employed before May 2,
4.92001, elected to be excluded under Laws 2001, First Special Session chapter 10, article
4.1010, section 6;
4.11 (21) employees who are hired after June 30, 2002, to fill seasonal positions under
4.12subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
4.13days or less in each year of employment with the governmental subdivision;
4.14 (22) persons who are provided supported employment or work-study positions by a
4.15governmental subdivision and who participate in an employment or industries program
4.16maintained for the benefit of these persons where the governmental subdivision limits the
4.17position's duration to
4.18a federal or state subsidized on-the-job training, work experience, senior citizen, youth,
4.19or unemployment relief program where the training or work experience is not provided
4.20as a part of, or for, future permanent public employment;
4.21 (23) independent contractors and the employees of independent contractors;
4.22 (24) reemployed annuitants of the association during the course of that
4.23reemployment; and
4.24(25) persons appointed to serve on a board or commission of a governmental
4.25subdivision or an instrumentality thereof.
4.26(b) Any person performing the duties of a public officer in a position defined in
4.27subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
4.28employee of an independent contractor.
