STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
ONE HUNDRED TENTH DAY
Saint Paul, Minnesota, Saturday, May 15, 2004
The House of Representatives convened at 11:30 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Representative Frank Hornstein, District
60B, Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Adolphson and Severson were excused.
Slawik was excused until 12:25 p.m. Boudreau was excused until 1:35 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Magnus
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS OF STANDING COMMITTEES
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
House Resolution No. 32, A House resolution expressing support
for the revitalization of the Dakota and Ojibwe languages.
Reported the same back with the recommendation that the
resolution be adopted.
The report was adopted.
There being no objection, the order of business advanced to
Motions and Resolutions.
MOTIONS AND RESOLUTIONS
House Resolution No. 30 was reported to the House.
HOUSE
RESOLUTION NO. 30
A House resolution honoring Carl Eller on his induction in the
National Football League Hall of Fame and contributions to the State of
Minnesota.
Whereas, Carl Eller will be inducted into the National
Football League Hall of Fame on August 8, 2004, for his exemplary contributions
to the sport of football; and
Whereas, as an employee of the State of Minnesota, Mr.
Eller has coordinated grants in the area of health and human services and acted
as spokesperson and policy advisor to the Minnesota Department of Human
Services in the planning, implementation, and analysis of HIV/AIDS services;
and
Whereas, as an employee of the State of Minnesota, Mr.
Eller developed the African American Health Initiative, a plan to close the
health care gap between African Americans and whites living in Minnesota; and
Whereas, Mr. Eller produced an educational video on
accessing mental health services for children directed to meeting the needs of
families and children in communities of color; and
Whereas, as an employee of the State of Minnesota, Mr.
Eller has fostered partnerships with communities of color through state
agencies to ensure effective, appropriate service delivery for children of
color; and
Whereas, Mr. Eller was founder and administrator of
Triumph Services, innovative, licensed outpatient chemical dependency health
care centers in Minneapolis and St. Paul; and
Whereas, Mr. Eller pioneered the
NFL drug program, designing, implementing, monitoring, and evaluating chemical
awareness and training programs for the league; and
Whereas, Mr. Eller attended the University of Minnesota,
where as a football player he received the All-American Award in 1964; and
Whereas, Mr. Eller was selected as one of NFL's Fifty
Greatest Players (Gentleman's Quarterly, September 1999) and voted defensive
end on the 1970's All-Decade Team (The Sporting News); and
Whereas, Mr. Eller was dubbed "The Sackman"
with 134 career sacks; and
Whereas, Mr. Eller was inducted into the Minnesota
Sports Hall of Fame in 1989 and was a member of the Minnesota Vikings for 15
years, and one of the Purple People Eaters, the most feared defense of their
era; Now, Therefore,
Be It Resolved by the House of Representatives of the State of
Minnesota that it extends a thank you to Carl Eller for his contributions to
his community, the state, and the sport of football and offers congratulations
on his upcoming induction into the National Football League Hall of Fame.
Be It Further Resolved that the Chief Clerk of the House
of Representatives is directed to prepare an enrolled copy of this resolution,
to be authenticated by his signature and that of the Speaker, and transmit it
to Carl Eller.
Ellison moved that House Resolution No. 30 be now adopted. The motion prevailed and House Resolution
No. 30 was adopted.
House Resolution No. 31 was reported to the House.
HOUSE
RESOLUTION NO. 31
A House resolution recognizing the Brown v. Board of
Education ruling.
Whereas, the 1954 United States Supreme Court decision
in Oliver L. Brown et al. v. the Board of Education of Topeka (KS) et al.
is among the most significant judicial turning points in the development of our
country; and
Whereas, originally brought by Charles H. Houston, and
later Thurgood Marshall and a formidable legal team, the case dismantled the
legal basis for racial segregation in schools and other public facilities; and
Whereas, by declaring that the discriminatory nature of
racial segregation "violates the 14th amendment to the United States
Constitution, which guarantees all citizens equal protection of the laws,"
Brown v. Board of Education laid the foundation for shaping future
national and international policies regarding human rights; and
Whereas, Brown v. Board of Education was not
simply about children and education, and the Brown decision inspired and
galvanized human rights struggles across the country and around the world; and
Whereas, the United States Supreme Court decision in Brown
began a critical chapter in the maturation of our democracy, reaffirming the
sovereign power of the people of the United States in the protection of their
natural rights from arbitrary limits and restrictions imposed by state and
local governments, rights that are recognized in the Declaration of
Independence and guaranteed by the United States Constitution; and
Whereas, although the Brown decision initiated
educational and social reform throughout the United States and was a catalyst
in launching the modern civil rights movement, the ideal of equal education
under the law has been more difficult to achieve and racial disparities in
education remain; Now, Therefore,
Be It Resolved by the House of Representatives of the State of
Minnesota that it recognizes that the Brown v. Board of Education
victory brought this country one step closer to living up to its democratic
ideas and reaffirms the rights and dignity of every individual.
Ellison moved that House Resolution No. 31 be now adopted. The motion prevailed and House Resolution
No. 31 was adopted.
House Resolution No. 32 was reported to the House.
HOUSE RESOLUTION NO. 32
A House resolution expressing support for the revitalization of
the Dakota and Ojibwe languages.
Whereas, the Native American Languages Act was signed
into law by President George H. W. Bush in 1990; and
Whereas, Congress found, in enacting the Native American
Languages Act, that the preservation and revitalization of the cultures and
languages of American Indians are essential, and the United States has the
responsibility to act together with American Indians to ensure the survival of
their cultures and languages; and
Whereas, the traditional languages of American Indian
people are at the core of their identities and form the basic medium for the
transmission and the survival of American Indian heritage, cultures, oral
histories, spirituality, and cultural values; and
Whereas, the state of Minnesota is part of the territory
comprising the ancestral lands of the Dakota and Ojibwe/Anishinaabe people; and
Whereas, there is convincing evidence that American
Indian students' self-esteem, achievement and performance, community and school
pride, and educational opportunity is clearly and directly tied to respect for,
and support of, their native languages; and
Whereas, it is consistent with the policies set forth by
Congress and in the best interests of the state of Minnesota to encourage and
support the use of American Indian languages, in addition to the English
language, as a medium of instruction in order to encourage and support American
Indian language survival and to improve educational achievement of American
Indian students; Now, Therefore,
Be It Resolved
Be It Further Resolved that the Chief Clerk of the House
of Representatives is directed to prepare an enrolled copy of this resolution,
to be authenticated by his signature and that of the Speaker, and transmit it
to the governor, the Department of Education, the Department of Human Services,
and the Dakota Ojibwe Language Revitalization Alliance.
Clark moved that House Resolution No. 32 be now adopted. The motion prevailed and House Resolution
No. 32 was adopted.
There being no objection, the order of business reverted to
Introduction and First Reading of House Bills.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Davids and Pugh introduced:
H. F. No. 3212, A bill for an act relating to commerce;
requiring separate licensure for industrial loan and thrift companies acting as
currency exchanges; amending Minnesota Statutes 2002, sections 53.05; 53A.01,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 1006, A bill for an act relating to elections;
providing for conformity with the federal Help America Vote Act; creating a
complaint process; requiring a report; imposing a penalty; appropriating money;
amending Minnesota Statutes 2002, sections 201.021; 201.022; 201.061,
subdivisions 1, 3, by adding subdivisions; 201.071, subdivisions 1, 3, by
adding subdivisions; 201.091, subdivisions 1, 4, 5, by adding a subdivision;
201.121, subdivision 1; 201.13, subdivision
1; 201.15; 201.155; 201.161; 201.171; 201.221, subdivisions 2, 3; 203B.06,
subdivision 4; 203B.08, subdivision 3; 203B.12, subdivision 2; 203B.16, by
adding a subdivision; 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26;
204B.47; 204C.10; 206.57, by adding subdivisions; 206.81; proposing coding for
new law in Minnesota Statutes, chapters 5; 200; 201; 204C.
The Senate has appointed as such committee:
Senators Higgins, Marty and Limmer.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 1793, A bill for an act relating to education;
providing for prekindergarten through grade 12 education and early childhood
and family education including general education, special programs, academic
excellence, facilities, nutrition, and accounting, other programs, libraries,
early childhood programs, prevention, self-sufficiency and lifelong learning,
state agencies, deficiencies, technical and conforming amendments, and academic
standards; providing for higher education including extending sunset of
education telecommunications council, requiring eligible institutions to
provide certain data to the Higher Education Services Office, making changes
relating to child care grants and the Minnesota College Savings Plan, modifying
certain education benefits of public safety officers, making changes to tuition
reciprocity, and authorizing planning for applied doctoral degrees; repealing
obsolete rules; providing for rulemaking; reducing appropriations;
appropriating money; amending Minnesota Statutes 2002, sections 13.321,
subdivision 1, by adding subdivisions; 119A.46, subdivisions 2, 3, 8; 120A.05,
by adding a subdivision; 120B.23, as amended; 120B.35, by adding a subdivision;
121A.22, subdivision 2; 121A.34, by adding subdivisions; 121A.45, subdivision 3;
121A.48; 121A.75, by adding a subdivision; 122A.06, subdivision 4; 122A.12, by
adding a subdivision; 122A.16; 122A.18, subdivision 2a, by adding a
subdivision; 122A.20, subdivision 2; 123A.05, subdivision 2; 123A.442,
subdivision 2; 123A.443, subdivision 4; 123A.55; 123B.09, subdivision 8;
123B.143, subdivision 1; 123B.195; 123B.36, subdivision 1; 123B.49, subdivision
4; 123B.53, subdivision 6; 123B.58, subdivision 2; 123B.71, subdivision 9;
123B.75, by adding a subdivision; 123B.76, by adding a subdivision; 123B.82;
123B.92, subdivision 5; 124D.15, subdivisions 1, 3, 5, 8, 10, 12, by adding a
subdivision; 124D.16, subdivision 2; 124D.19, subdivision 11; 124D.20, by
adding a subdivision; 124D.59, as amended; 124D.61; 124D.68, subdivisions 3, 9;
124D.69, subdivision 1; 125A.023, subdivision 3; 125A.03; 125A.07; 125A.22;
125A.46; 125A.51; 125A.79, subdivisions 5, 7, by adding subdivisions; 125B.15;
126C.10, subdivision 2; 126C.15, subdivision 2, by adding a subdivision;
126C.21, subdivision 4; 126C.48, subdivision 8; 127A.42, subdivisions 4, 6;
127A.45, subdivision 11; 127A.47, subdivision 3; 134.31, by adding a
subdivision; 134.50; 136A.08, by adding a subdivision; 136A.121, subdivision 2,
by adding a subdivision; 136G.11, by adding a subdivision; 169.451; 171.04,
subdivision 1; 171.05, subdivisions 2, 2b, 3; 171.19; 260A.01; 260A.03;
260C.163, subdivision 11; 299A.45, subdivision 4; 631.40, subdivision 4;
Minnesota Statutes 2003 Supplement, sections 13.46, subdivision 2; 16A.152,
subdivision 2; 119A.46, subdivision 1; 120B.021, subdivisions 1, 3, by adding a
subdivision; 120B.022, subdivision 1; 120B.024; 120B.36; 121A.64; 122A.09,
subdivision 4; 123B.54; 123B.77, subdivision 4; 123B.92, subdivision 1;
124D.095, subdivisions 4, 7, 8; 124D.10, subdivisions 3, 4, 8; 124D.11,
subdivisions 1, 2, 9; 124D.20, subdivision 11; 124D.385, subdivision 2;
124D.42, subdivision 6; 124D.454, subdivision 2; 124D.531, subdivisions 1, 4;
124D.86, subdivisions 3, 4; 125A.023, subdivision 4; 125A.091, subdivision 5;
125A.75, subdivision 8; 125A.79, subdivision 1; 125B.21, subdivision 1;
126C.10, subdivisions 3, 31; 126C.15, subdivision 1; 126C.17, subdivision 9;
126C.40, subdivision 1; 126C.43, subdivisions 2, 3; 126C.44; 126C.457; 126C.63, subdivision
8; 127A.41, subdivision 9; 127A.42, subdivision 2; 127A.47, subdivisions 7, 8;
128C.05, subdivision 1a; 136A.121, subdivision 9; 136A.125, subdivision 2;
136G.11, subdivisions 1, 3; 136G.13, subdivision 1; 275.065, subdivision 1;
475.61, subdivision 4; 626.556, subdivision 2; Laws 2003, chapter 130, section
12; Laws 2003, First Special Session chapter 9, article 1, section 53,
subdivisions 2, 3, 5, 6, 11, 12; Laws 2003, First Special Session chapter 9,
article 2, section 55, subdivisions 2, 3, 4, 5, 7, 9, 12, 15, 16, 17, 19, 21,
as amended; Laws 2003, First Special Session chapter 9, article 3, section 19;
Laws 2003, First Special Session chapter 9, article 3, section 20, subdivisions
4, 5, 6, 7, 8, 9; Laws 2003, First Special Session chapter 9, article 4,
section 29; Laws 2003, First Special Session chapter 9, article 4, section 31,
subdivisions 2, 3; Laws 2003, First Special Session chapter 9, article 5,
section 35, subdivisions 2, 3; Laws 2003, First Special Session chapter 9,
article 6, section 4; Laws 2003, First Special Session chapter 9, article 7,
section 11, subdivisions 2, 3; Laws 2003, First Special Session chapter 9,
article 8, section 7, subdivisions 2, 5; Laws 2003, First Special Session
chapter 9, article 9, section 9, subdivisions 2, 5; Laws 2003, First Special
Session chapter 9, article 10, section 10, subdivision 2; Laws 2003, First
Special Session chapter 9, article 10, section 11; Laws 2003, First Special
Session chapter 9, article 10, section 12; proposing coding for new law in
Minnesota Statutes, chapters 120A; 120B; 121A; 122A; 123B; 125B; 127A; 135A;
171; repealing Minnesota Statutes 2002, sections 124D.15, subdivisions 2, 4, 6,
11, 13; 124D.16, subdivisions 1, 4; 124D.41; 124D.42, subdivisions 1, 2, 4, 5,
7; 124D.43; 124D.91; 124D.92; 126C.23; 134.47, subdivision 3; Minnesota
Statutes 2003 Supplement, sections 124D.15, subdivision 7; 124D.42, subdivision
3; 124D.86, subdivision 5; 136G.11, subdivision 2; Minnesota Rules, parts
4815.0100; 4815.0110; 4815.0120; 4815.0130; 4815.0140; 4815.0150; 4815.0160;
4830.8100; 4830.8110; 4830.8120; 4830.8130; 4830.8140; 4830.8150.
The Senate has appointed as such committee:
Senators Kelley, Skoe, Tomassoni, Marko and Neuville.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 2151, A bill for an act relating to telecommunications;
regulating certain payments, credits, and interest charges; changing various
cable system provisions; establishing consumer protections for wireless
customers; expanding call areas; providing alternative regulation plans for
telephone companies; amending Minnesota Statutes 2002, sections 237.01,
subdivision 3; 237.06; 237.766; 237.773, subdivision 3; 238.02, subdivision 3;
238.03; 238.08, subdivisions 3, 4; 238.081; 238.083, subdivisions 2, 4;
238.084, subdivision 1; 238.11, subdivision 2; 238.22, subdivision 13; 238.23;
238.24, subdivisions 3, 4, 6, 9, 10; 238.242, subdivisions 1, 3; 238.25,
subdivisions 5, 10; 238.35, subdivisions 1, 4; 238.36, subdivision 2; 238.39;
238.40; 238.43, subdivision 1; 325E.02; proposing coding for new law in Minnesota
Statutes, chapters 237; 325F; repealing Minnesota Statutes 2002, sections
238.01; 238.02, subdivisions 2, 17, 18, 19, 25; 238.082; 238.083, subdivisions
3, 5; 238.084, subdivisions 2, 3, 5; 238.12, subdivision 1a; 238.36,
subdivision 1.
The Senate has appointed as such committee:
Senators Kelley, Anderson and Gaither.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House
amendments to the following Senate File:
S. F. No. 2342, A bill for an act relating to county recorders;
providing that the county recorder may accept security deposits to guarantee
payment of charges; making conforming changes; amending Minnesota Statutes
2002, section 386.78.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Dibble, Marty and Senjem.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Seifert moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 2342. The motion prevailed.
The Speaker called Abrams to the Chair.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 1530.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrick E. Flahaven, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 1530
A bill for an act relating to animals; imposing limits on
ownership and possession of certain dangerous animals; requiring registration;
providing criminal penalties; proposing coding for new law in Minnesota
Statutes, chapter 346.
May 13, 2004
The Honorable James P.
Metzen
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 1530, report that
we have agreed upon the items in dispute and recommend as follows:
That the House recede from its
amendments and that S. F. No. 1530 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
[346.155] [POSSESSING REGULATED ANIMALS.]
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "Person" means any natural person, firm,
partnership, corporation, or association, however organized.
(c) "Wildlife sanctuary" means a 501(c)(3)
nonprofit organization that:
(1) operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided
care for their lifetime;
(2) does not conduct any commercial activity with respect to
any animal of which the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or
breed any animal of which the organization is an owner, except as an integral
part of the species survival plan of the American Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody
of, or control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals,
but not including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and
tamarins.
Regulated animal includes any hybrid or cross between an
animal listed in clause (1), (2), or (3) and a domestic animal and offspring
from all subsequent generations of those crosses or hybrids.
(f) "Local animal control authority" means an
agency of the state, county, municipality, or other governmental subdivision of
the state that is responsible for animal control operations in its
jurisdiction.
Subd. 2.
[POSSESSION OF REGULATED ANIMALS.] (a) Except as provided in this
section, it is unlawful for a person to possess a regulated animal.
(b) A person who possesses a regulated animal on the
effective date of this section has 90 days to come into compliance with
regulations promulgated by the United States Department of Agriculture for
regulated animals under the Animal Welfare Act, Public Law 89-544, and its
subsequent amendments, and the regulations adopted under that act relating to
facilities and operations, animal health and husbandry, and veterinary care for
regulated animals.
(c) Except as provided in paragraph (e), a person must not
take possession of a regulated animal after the effective date of this section.
(d) Except as provided in paragraph
(e), a person must not allow regulated animals in their possession to breed
after the effective date of this section.
(e) Except as provided in paragraph (g), a person who
possesses a valid United States Department of Agriculture license and is in
compliance with the United States Department of Agriculture Animal Welfare Act
regulations and standards on the effective date of this section may breed,
purchase, or otherwise acquire new regulated animals after the effective date
of this section in order to:
(1) maintain the number of regulated animals possessed on
the effective date of this section;
(2) sell regulated animals to other United States Department
of Agriculture licensed and compliant facilities within Minnesota for
replacement purposes as provided in clause (1);
(3) sell regulated animals outside Minnesota; or
(4) sell regulated animals to persons eligible under
paragraph (f). Offspring under six
months of age shall not be counted for the purpose of determining the number of
replacement animals that can be possessed under this paragraph.
(f) Except as provided in paragraph (g), a person who does
not hold a United States Department of Agriculture license for regulated
animals, possesses a regulated animal on the effective date of this section,
and has properly registered the animal may replace the regulated animal if it
dies, but may replace it only once.
(g) If a regulated animal dies of neglect or cruelty, is
seized pursuant to subdivision 5, or if the person is involved in illegal
activities, the person cannot acquire a replacement animal.
Subd. 3.
[REGISTRATION.] (a) Within 60 days after the effective date of this
section, a person who possesses a regulated animal must notify in writing the
local animal control authority using a registration form prepared by the
Minnesota Animal Control Association and approved by the Board of Animal
Health. The notification shall include
the person's name, address, telephone number, and a complete inventory of each
regulated animal that the person possesses.
The inventory shall include the following information: number and species of each regulated animal;
the microchip number and manufacturer for each regulated animal if available;
the exact location where each regulated animal is kept; and age, sex, color,
weight, scars, and any distinguishing marks of each regulated animal.
(b) If a person who possesses a regulated animal has a
microchip implanted in the animal for identification, the name of the microchip
manufacturer and the identification number of the microchip must be provided to
the local animal control authority. If
a regulated animal is sedated for any reason and the animal does not have a
microchip implanted, a microchip must be implanted in the regulated
animal. Within 30 days after the
microchip is implanted, the name of the microchip manufacturer and the
identification number of the microchip must be provided to the local animal
control authority. A person selling or
transferring ownership of offspring under six months of age as provided in
subdivision 2, paragraph (e), is encouraged to have a microchip implanted in
the animal prior to the sale or transfer.
Within 30 days of acquisition, a person acquiring ownership of an
offspring with a microchip implanted shall comply with microchip information
reporting requirements under this section.
(c) If a local animal control authority performs an initial
site inspection, a fee of up to $50 may be charged. An annual fee of $25 per animal to register regulated animals up
to a maximum of $250 annually per person may be charged. The local animal control authority may
charge an additional site inspection fee of $50 if the person acquires and
possesses another type of regulated animal.
A certificate of registration must be issued by the local animal control
authority to the person upon payment of the fee.
Subd. 4. [REQUIREMENTS.] (a) A person who
possesses a regulated animal must maintain health and ownership records on each
animal and must maintain the records for the life of the animal. If possession of the regulated animal is
transferred to another person, a copy of the health and ownership records must
accompany the animal.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a veterinary visit to the
premises at least annually.
(c) A person who possesses a regulated animal must notify
the local animal control authority in writing within ten days of a change in
address or location where the regulated animal is kept.
(d) A person with a United States Department of Agriculture
license for regulated animals shall forward a copy of their United States
Department of Agriculture inspection report to the local animal control authority
within 30 days of receipt of the inspection report.
(e) A person who possesses a regulated animal shall
prominently display a sign on the structure where the animal is housed
indicating that a regulated animal is on the premises.
(f) A person who possesses a regulated animal must notify,
as soon as practicable, local law enforcement officials of any escape of a
regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person,
city, county, or state agency resulting from the escape of a regulated animal
unless the escape is due to a criminal act by another person or a natural
event.
(g) A person who possesses a regulated animal must maintain
a written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps, or
other equipment necessary to assist in the recovery of the regulated animal.
(h) If requested by the local animal control authority, a
person may not move a regulated animal from its location unless the person
notifies the local animal control authority prior to moving the animal. The notification must include the date and
the location where the animal is moved.
This paragraph does not apply to a regulated animal transported to a
licensed veterinarian.
(i) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find long-term
placement for the regulated animal.
Subd. 5.
[SEIZURE.] (a) The local animal control authority, upon issuance of a
notice of inspection, must be granted access at reasonable times to sites where
the local animal control authority has reason to believe a violation of this
chapter is occurring or has occurred.
(b) If a person who possesses a regulated animal is not in
compliance with the requirements of this section, the local animal control
authority shall take possession of the animal for custody and care, provided
that the procedures in this subdivision are followed.
(c) Upon request of a person possessing a regulated animal,
the local animal control authority may allow the animal to remain in the
physical custody of the owner for 30 days, during which time the owner shall
take all necessary actions to come in compliance with this section. During the 30-day period, the local animal
control authority may inspect, at any reasonable time, the premises where the
animal is kept.
(d) If a person who possesses a regulated animal is not in
compliance with this section following the 30-day period described in paragraph
(c), the local animal control authority shall seize the animal and place it in
a holding facility that is appropriate for the species for up to ten days. The authority taking custody of an animal
under this section
shall provide a notice of the seizure by delivering or mailing it to the owner,
by posting a copy of it at the place where the animal is taken into custody, or
by delivering it to a person residing on the property. The notice must include:
(1) a description of the animal seized; the authority for
and purpose of the seizure; the time, place, and circumstances under which the
animal was seized; and a contact person and telephone number;
(2) a statement that a person from whom a regulated animal
was seized may post security to prevent disposition of the animal and may
request a hearing concerning the seizure and that failure to do so within five
business days of the date of the notice will result in disposition of the
animal;
(3) a statement that actual costs of the care, keeping, and
disposal of the regulated animal are the responsibility of the person from whom
the animal was seized, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially justified by law;
and
(4) a form that can be used by a person from whom a
regulated animal was seized for requesting a hearing under this subdivision.
(e) If a person from whom the regulated animal was seized
makes a request within five business days of the seizure, a hearing must be held
within five business days of the request to determine the validity of the
seizure and disposition of the animal.
The judge or hearing officer may authorize the return of the animal to
the person from whom the animal was seized if the judge or hearing officer
finds:
(1) that the person can and will provide the care required
by law for the regulated animal; and
(2) the regulated animal is physically fit.
(f) If a judge or hearing officer orders a permanent
disposition of the regulated animal, the local animal control authority may
take steps to find long-term placement for the animal with a wildlife
sanctuary, persons authorized by the Department of Natural Resources, or an
appropriate United States Department of Agriculture licensed facility.
(g) A person from whom a regulated animal is seized is
liable for all actual costs of care, keeping, and disposal of the animal,
except to the extent that a court or hearing officer finds that the seizure was
not substantially justified by law. The
costs must be paid in full or a mutually satisfactory arrangement for payment
must be made between the local animal control authority and the person claiming
an interest in the animal before return of the animal to the person.
(h) A person from whom a regulated animal has been seized
under this subdivision may prevent disposition of the animal by posting
security in the amount sufficient to provide for the actual costs of care and
keeping of the animal. The security must
be posted within five business days of the seizure, inclusive of the day of the
seizure.
(i) If circumstances exist threatening the life of a person
or the life of any animal, local law enforcement or the local animal control
authority shall seize a regulated animal without an opportunity for hearing or
court order, or destroy the animal.
Subd. 6.
[DISPOSAL OF ANIMALS.] Upon proper determination by a Minnesota
licensed veterinarian, any regulated animal taken into custody under this
section may be immediately disposed of when the regulated animal is suffering
and is beyond cure through reasonable care and treatment. The authority taking custody of the
regulated animal may recover all costs incurred under this section.
Subd. 7.
[EXEMPTIONS.] This section does not apply to:
(1) institutions accredited by the American Zoo and Aquarium
Association;
(2) a wildlife sanctuary;
(3) fur-bearing animals, as defined in section 97A.015,
possessed by a game farm that is licensed under section 97A.105, or bears
possessed by a game farm that is licensed under section 97A.105;
(4) the Department of Natural Resources, or a person
authorized by permit issued by the commissioner of natural resources pursuant
to section 97A.401, subdivision 3;
(5) a licensed or accredited research or medical
institution; or
(6) a United States Department of Agriculture licensed
exhibitor while transporting or displaying regulated animals as part of a
temporary circus, carnival, rodeo, or county fair.
Subd. 8. [REPORT
TO THE BOARD OF ANIMAL HEALTH.] By July 1 each year, a local animal control
authority shall report to the Board of Animal Health on regulated animals
registered with the local animal control authority. The report shall include all registration information submitted
to the local animal control authority under subdivision 3, paragraph (a), and
information on enforcement actions taken under this section.
Subd. 9.
[PENALTY.] A person who knowingly violates subdivision 2, 3, or 4 is
guilty of a misdemeanor."
Amend the title as follows:
Page 1, line 3, delete "dangerous"
We request adoption of this report and repassage of the bill.
Senate Conferees: Don Betzold and Sheila M. Kiscaden.
House Conferees: Steve Strachan and Mary Murphy.
Seifert moved that the House refuse to adopt the report of the
Conference Committee on S. F. No. 1530 and that the bill be
returned to the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Seifert motion and the roll was
called. There were 104 yeas and 24 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Borrell
Bradley
Brod
Buesgens
Carlson
Cornish
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hilty
Holberg
Hoppe
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, J.
Biernat
Clark
Cox
Davnie
Ellison
Entenza
Goodwin
Hausman
Hilstrom
Hornstein
Johnson, S.
Kelliher
Larson
Latz
Lesch
Mahoney
Mariani
Mullery
Nelson, C.
Paymar
Thao
Thissen
Wagenius
The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 2342:
Seifert, Rhodes and Kahn.
CALENDAR FOR THE DAY
S. F. No. 1836 was reported to the House.
Kohls moved to amend S. F. No. 1836 as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1798, the fifth engrossment:
"Section 1.
Minnesota Statutes 2002, section 184.30, is amended to read:
184.30 [BONDS.]
Subdivision 1. Every
application for an employment agency's license must be accompanied by a surety
bond approved by the department in the amount of $10,000 for each
location. The bond must be filed in the
the provisions of sections
184.21 to 184.40 and any contract made by the employment agent in the conduct
of the business. A person damaged by a
breach of any condition of the bond may bring an action on the bond, and
successive actions may be maintained on it. Office of the Secretary of State department and conditioned that
the employment agency and each member, shareholder, director, or officer of a
firm, partnership, corporation, or association operating as an employment
agency will comply with
Subd. 2. The
secretary of state shall be paid a filing fee of $10.
Sec. 2. Minnesota
Statutes 2002, section 302A.821, subdivision 1, is amended to read:
Subdivision 1. [ANNUAL
REGISTRATION FORM.] (a) The secretary of state must send annually to
each corporation at the registered office of the corporation a postcard notice
announcing the need to file the annual registration and informing the
corporation that the annual registration may be filed on-line and that paper
filings may also be made, and informing the corporation that failing to file
the annual registration will result in an administrative dissolution of the
corporation.
(b) Each calendar year beginning in the calendar year
following the calendar year in which a corporation incorporates, the corporation
must file with the secretary of state must mail by first class mail an
annual registration form to the registered office of each corporation as shown
on the records of the secretary of state.
The form must include the following notice:
"NOTICE:
Failure to file this form by December 31 of this year will result in
this corporation losing its good standing without further notice from the
secretary of state." by December 31 of each calendar year a
registration containing the information listed in subdivision 2.
Sec. 3. Minnesota
Statutes 2002, section 302A.821, subdivision 2, is amended to read:
Subd. 2. [INFORMATION
REQUIRED; MANNER OF FILING.] A domestic corporation shall file with
the secretary of state a registration by December 31 each calendar year
containing The registration must include:
(a) (1) the name of the corporation;
(b) (2) the address of its principal executive
office, if different from the registered office address;
(c) (3) the address of its registered office and
the name of the registered agent, if any;
(d) (4) the state of incorporation; and
(e) (5) the name and business address of the
officer or other person exercising the principal functions of the chief
executive officer of the corporation.
Sec. 4. Minnesota
Statutes 2002, section 302A.821, subdivision 4, is amended to read:
Subd. 4. [PENALTY;
REINSTATEMENT.] (a) A corporation that has failed to file a registration
pursuant to the requirements of subdivision 2 must be dissolved by the
secretary of state as described in paragraph (b).
(b) If the corporation has not filed the registration for the secretary of state may give
notice by mail or the indicated means.
The secretary of state shall annually inform the attorney general and
the commissioner of revenue of the methods by which the names of corporations
dissolved under this section during the preceding year may be determined. The secretary of state must also make
available in an electronic format the names of the dissolved corporations. A corporation dissolved in this manner is
not entitled to the benefits of section 302A.781. The liability, if any, of the shareholders of a corporation
dissolved in this manner shall be determined and limited in accordance with
section 302A.557, except that the shareholders shall have no liability to any
director of the corporation under section 302A.559, subdivision 2. three
two consecutive calendar years, the secretary of state must issue a
certificate of administrative dissolution and the certificate must be filed in
the Office of the Secretary of State.
The secretary of state shall send by forwardable United States
mail notice to the registered office of the corporation a
postcard notifying the corporation that the corporation will be has
been dissolved if no registration is filed with and that the
corporation may be reinstated by filing a registration and a $25 fee pursuant
to this section by the beginning of the following calendar year. The notice must be given by United States
mail unless the company has indicated to the secretary of state that they are
willing to receive notice by electronic notification, in which case
(c) After administrative dissolution, filing a registration
and the $25 fee with the secretary of state:
(1) returns the corporation to good standing as of the date
of the dissolution;
(2) validates contracts or other acts within the authority
of the articles, and the corporation is liable for those contracts or acts; and
(3) restores to the corporation all assets and rights of the
corporation to the extent they were held by the corporation before the
dissolution occurred, except to the extent that assets or rights were affected
by acts occurring after the dissolution or sold or otherwise distributed after
that time.
Sec. 5. Minnesota
Statutes 2002, section 308A.995, subdivision 5, is amended to read:
Subd. 5.
[REINSTATEMENT.] A cooperative may, within one year of the date of
dissolution under this section, retroactively reinstate its existence by
filing a single annual registration and paying a $25 fee. Filing the annual registration with the
secretary of state:
(1) returns the cooperative to active status as of the date of
the dissolution;
(2) validates contracts or other acts within the authority of
the articles, and the cooperative is liable for those contracts or acts; and
(3) restores to the cooperative all assets and rights of the
cooperative and its shareholders or members to the extent they were held by the
cooperative and its shareholders or members before the dissolution occurred,
except to the extent that assets or rights were affected by acts occurring
after the dissolution or sold or otherwise distributed after that time.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 308B.121, subdivision 5, is amended to read:
Subd. 5.
[REINSTATEMENT.] A cooperative may, within one year of the date of
dissolution under this section, retroactively reinstate its existence by
filing a single annual registration and paying a $25 fee. Filing the annual registration with the
secretary of state:
(1) returns the cooperative to active status as of the date of
the dissolution;
(2) validates contracts or other acts within the authority of
the articles and the cooperative is liable for those contracts or acts; and
(3) restores to the cooperative all assets and rights of the
cooperative and its shareholders or members to the extent they were held by the
cooperative and its shareholders or members before the dissolution occurred,
except to the extent that assets or rights were affected by acts occurring
after the dissolution or sold or otherwise distributed after that time.
Sec. 7. Minnesota
Statutes 2002, section 317A.823, subdivision 1, is amended to read:
Subdivision 1. [ANNUAL
REGISTRATION.] (a) The secretary of state must send annually to each
corporation at the registered office of the corporation a postcard notice
announcing the need to file the annual registration and informing the
corporation that the annual registration may be filed on-line and that paper
filings may also be made, and informing the corporation that failing to file
the annual registration will result in an administrative dissolution of the
corporation.
(b) Except for corporations to which paragraph (c)
(d) applies, each calendar year beginning in the calendar year following
the calendar year in which a corporation incorporates, a corporation must
file with the secretary of state must mail by first class mail an annual
registration form to the registered office of each corporation as shown on the
records of the secretary of state. The
form must include the following notice:
"NOTICE:
Failure to file this form by December 31 of this year will result in the
dissolution of this corporation without further notice from the secretary of
state, pursuant to Minnesota Statutes, section 317A.823, subdivision 2,
paragraph (b)." by December 31 of each calendar year a registration
containing the information listed in paragraph (c).
(b) A nonprofit corporation must file with the secretary of
state a (c) The registration by December 31 of each calendar year
containing must include:
(1) the name of the corporation;
(2) the address of its registered office;
(3) the name of its registered agent, if any; and
(4) the name and business address of the officer or other
person exercising the principal functions of president of the corporation.
(c) (d) The timely filing of an annual financial
report and audit or an annual financial statement under section 69.051,
subdivision 1 or 1a, by a volunteer firefighter relief association, as
reflected in the notification by the state auditor under section 69.051,
subdivision 1c, constitutes presentation of the corporate registration. The secretary of state may reject the
registration by the volunteer firefighter relief association. Rejection must occur if the information
provided to the state auditor does not match the information in the records of
the secretary of state. The volunteer
firefighter relief association may amend the articles of incorporation as
provided in sections 317A.131 to 317A.151 so that the information from the
state auditor may be accepted for filing.
The timely filing of an annual financial report and audit or an annual
financial statement under section 69.051, subdivision 1 or 1a, does not relieve
the volunteer firefighter relief association of the requirement to file
amendments to the articles of incorporation directly with the secretary of
state.
Sec. 8. Minnesota
Statutes 2002, section 322B.960, subdivision 1, is amended to read:
Subdivision 1. [ANNUAL
REGISTRATION FORM.] (a) The secretary of state must send annually to each
limited liability company at the registered office of the corporation a
postcard notice announcing the need to file the annual registration and
informing the limited liability company that the annual registration may be
filed on-line and that paper filings may also be made, and informing the limited
liability company that failing to file the annual registration will result in
an administrative termination of the limited liability company.
(b) Each calendar year beginning
in the calendar year following the calendar year in which a limited liability
company files articles of organization, a limited liability company must
file with the secretary of state must mail by first class mail an annual
registration form to the registered office of each limited liability company as
shown on the records of the secretary of state. The form must include the following notice:
"NOTICE:
Failure to file this form by December 31 of this year will result in the
termination or revocation of this limited liability company without further
notice from the secretary of state, pursuant to Minnesota Statutes, section
322B.960." by December 31 of each calendar year a registration
containing the information listed in subdivision 2.
Sec. 9. Minnesota
Statutes 2002, section 322B.960, subdivision 2, is amended to read:
Subd. 2. [INFORMATION
REQUIRED; FEES.] A domestic or foreign limited liability company must
file with the secretary of state a registration by December 31 each calendar
year beginning in the calendar year following the calendar year in which the
limited liability company formed containing The registration must
include:
(1) the name of the limited liability company or the name under
which a foreign limited liability company has registered in this state;
(2) the address of its principal executive office, if different
from the registered address;
(3) the address of its registered office;
(4) the name of its registered agent, if any;
(5) the state or jurisdiction of organization; and
(6) the name and business address of the manager or other
person exercising the principal functions of the chief manager of the limited
liability company.
Sec. 10. Minnesota
Statutes 2002, section 322B.960, subdivision 5, is amended to read:
Subd. 5.
[REINSTATEMENT.] If a limited liability company is administratively
terminated or has its authority to do business in Minnesota revoked, it may
retroactively reinstate its existence or authority to do business by filing a
single annual registration and paying a $25 fee but only within one year of
the date of the termination or revocation.
(a) For a domestic limited liability company, filing the annual
registration with the secretary of state:
(1) returns the limited liability company to active status as
of the date of the administrative termination;
(2) validates contracts or other acts within the authority of
the articles, and the limited liability company is liable for those contracts
or acts; and
(3) restores to the limited liability company all assets and
rights of the limited liability company and its members to the extent they were
held by the limited liability company and its members before the administrative
termination occurred, except to the extent that assets or rights were affected
by acts occurring after the termination, sold, or otherwise distributed after
that time.
(b) For a non-Minnesota limited liability company, filing the
annual registration restores the limited liability company's ability to do
business in Minnesota and the rights and privileges which accompany that
authority.
Sec. 11. Minnesota Statutes 2002, section 325A.06, subdivision 1, is
amended to read:
Subdivision 1. Every
invention developer rendering, offering to render, or advertising invention
development services in this state shall maintain a continuous corporate surety
bond issued by a surety admitted to do business in this state, and equal to
either ten percent of the invention developer's gross income from the invention
development business in this state during the invention developer's preceding
fiscal year, or $50,000, whichever is larger.
A copy of the bond shall be approved by and filed with the
attorney general and filed with the secretary of state before the
invention developer renders, offers to render, or advertises invention
development services in this state. The
secretary of state attorney general shall maintain a list of all
outstanding bonds filed under this subdivision. The invention developer shall have 90 days after the end of each
fiscal year within which to change the bond as may be necessary to conform to
the requirements of this subdivision.
Sec. 12. Minnesota
Statutes 2002, section 326.40, subdivision 2, is amended to read:
Subd. 2. [BOND;
INSURANCE.] Any person contracting to do plumbing work must give bond to the
state in the amount of $25,000 for all work entered into within the state. The bond shall be for the benefit of persons
injured or suffering financial loss by reason of failure to comply with the
requirements of the Plumbing Code. A
bond given to the state shall be filed with the secretary of state commissioner
of health and shall be in lieu of all other bonds to any political
subdivision required for plumbing work.
The bond shall be written by a corporate surety licensed to do business
in the state.
In addition, each applicant for a master plumber license or
renewal thereof, may provide evidence of public liability insurance, including
products liability insurance with limits of at least $50,000 per person and
$100,000 per occurrence and property damage insurance with limits of at least
$10,000. The insurance shall be written
by an insurer licensed to do business in the state of Minnesota and each
licensed master plumber shall maintain on file with the state commissioner of
health a certificate evidencing the insurance providing that the insurance
shall not be canceled without the insurer first giving 15 days written notice
to the commissioner. The term of the
insurance shall be concurrent with the term of the license. The certificate shall be in lieu of all other
certificates required by any political subdivision for licensing purposes.
Sec. 13. Minnesota
Statutes 2002, section 326.48, subdivision 3, is amended to read:
Subd. 3. [BOND.] The
applicant for a high pressure piping business license or renewal shall give
bond to the state in the total penal sum of $15,000 conditioned upon the
faithful and lawful performance of all work entered upon within the state. The bond shall run to and be for the benefit
of persons injured or suffering financial loss by reason of failure of payment
or performance. Claims and actions on
the bond may be brought according to sections 574.26 to 574.38.
The term of the bond must be concurrent with the term of the
high pressure pipefitting business license and run without interruption from
the date of the issuance of the license to the end of the calendar year. All high pressure pipefitting business
licenses must be annually renewed on a calendar year basis.
The bond must be filed with the secretary of state Department
of Labor and Industry and shall be in lieu of any other business license
bonds required by any political subdivision for high pressure pipefitting. The bond must be written by a corporate
surety licensed to do business in the state.
Sec. 14. Minnesota
Statutes 2002, section 330.01, subdivision 1, is amended to read:
Subdivision 1. (a) The
county auditor may license any person having the qualifications specified in
clause (b) of this subdivision as an auctioneer. The license shall be issued by the auditor and shall authorize
the licensee to conduct the business of an auctioneer in the state of Minnesota
for the period of one year. It shall be
recorded by the auditor
in a book kept for that purpose. Before
the license is issued the applicant shall pay into the county treasury a fee of
$20. The auditor shall, not later
than the 15th day of the following month, transmit a copy of the license to the
secretary of state together with $10 of the fee, which shall be deposited in
the general fund.
(b) A natural person is qualified to be licensed as an
auctioneer if 18 years of age or over and a resident of the county of
application for at least six months immediately preceding the date of
application. No copartnership,
association or corporation may be licensed as an auctioneer. However, nothing in this subdivision shall
be construed as preventing auctioneers who are duly licensed in accordance with
the provisions of this chapter, from combining in associations, copartnerships,
or corporations, provided that each and every member of these associations or
copartnerships and each and every person or agent conducting auction sales on
behalf of these corporations is a duly licensed auctioneer as provided in this
chapter. Nothing herein shall be
construed to apply to the owner of property for at least six months selling it
at an auction.
Sec. 15. Minnesota
Statutes 2002, section 330.08, is amended to read:
330.08 [ADVERTISEMENTS.]
All advertisements of auction sales shall carry the name or
names, address or addresses, and the license number or numbers of the
auctioneer or auctioneers conducting said sales. The secretary of state shall prescribe a numbering system for
such licenses, which shall be applied to all current licenses on or before
September 1, 1969, and which shall provide a number for each license different
from all others in the state, which shall be retained from year to year by each
such licensee who shall reapply. The
secretary of state shall notify each county auditor as to numbers assigned, the
county auditor shall record the same and notify each licensee, and shall assign
a number to each new licensee as directed by the secretary of state. The license number must be assigned by
the county auditor and must be a seven-digit number, the first two digits of
which must be the county number, the next two digits of which must be the last
two digits of the calendar year in which the license was issued and the last
three digits of which must start at 001 at the beginning of each calendar year
and indicate the order in which the license was filed.
Sec. 16. Minnesota
Statutes 2002, section 330.09, is amended to read:
330.09 [NOTIFICATION OF CHANGE OF ADDRESS.]
Notice in writing shall be given to the auditor of the county
where licensed by each licensee of any change of address, whereupon the auditor
shall issue a duplicate license showing the licensee's new address for which a
fee of $3 shall be paid into the county treasury. The auditor shall notify the secretary of state of a change in
address. A change of address,
without notification to the auditor, shall result in the automatic cancellation
of any license theretofore issued after the expiration of 30 days from the date
of such change of address.
Sec. 17. Minnesota
Statutes 2002, section 336.9-525, is amended to read:
336.9-525 [FEES.]
(a) [INITIAL FINANCING
STATEMENT OR OTHER RECORD: GENERAL
RULE.] Except as otherwise provided in subsection (d), the fee for filing and
indexing a record under this part delivered on paper is $20 and for a
record delivered by any electronic means is $15.
(b) [NUMBER OF NAMES.]
The number of names required to be indexed does not affect the amount of the
fee in subsection (a).
(c)
[RESPONSE TO INFORMATION REQUEST.] The fee for responding to a request
for information from the filing office, including for issuing a certificate
showing whether there is on file any financing statement naming a particular
debtor, delivered on paper is $20 and for a record delivered by any
electronic means is $15.
(d) [RECORD OF
MORTGAGE.] This section does not require a fee with respect to a record of a
mortgage which is effective as a financing statement filed as a fixture filing
or as a financing statement covering as-extracted collateral or timber to be
cut under section 336.9-502(c).
However, the recording and satisfaction fees that otherwise would be
applicable to the record of the mortgage apply.
Sec. 18. Minnesota
Statutes 2002, section 340A.416, subdivision 4, is amended to read:
Subd. 4. [CERTIFICATION
TO SECRETARY OF STATE.] The clerk or recorder must certify results of a
referendum held under this section to the secretary of state within ten
days of the election.
Sec. 19. Minnesota
Statutes 2002, section 359.01, is amended to read:
359.01 [COMMISSION.]
Subdivision 1.
[RESIDENT NOTARIES.] The governor may appoint and commission as notaries
public, by and with the advice and consent of the senate, as many citizens of
this state or resident aliens, over the age of 18 years, as the governor
considers necessary. The commissioner
of commerce shall perform all duties necessary to appoint and commission
notaries public under this section on the governor's behalf governor
will appoint and commission notaries public and the secretary of state shall
receive applications for appointments and commissions, shall keep a register of
those persons appointed and commissioned as notaries public by the governor
with the advice and consent of the senate, shall update that register when
informed of a change in name and address by a notary public, shall process
applications by a notary public for reappointment, shall receive fees for the
performance of these functions to be deposited into the general fund, and shall
perform those clerical and administrative duties associated with these
functions. The governor may also
receive such applications directly.
Subd. 2. [NONRESIDENT
NOTARIES.] (a) The governor or the commissioner of commerce, acting
on the governor's behalf, by and with the advice and consent of the senate,
may appoint as notary public a person who is not a resident of this state if:
(1) the person is a resident of Wisconsin, Iowa, North Dakota,
or South Dakota, and of a county that shares a boundary with this state;
(2) the person designates the commissioner secretary
of state as agent for the service of process for all purposes relating to
notarial acts and for receipt of all correspondence relating to notarial acts.
(b) The secretary of state shall receive applications for
nonresident notary appointments and commissions, shall keep a register of those
persons appointed and commissioned as notaries public by the governor with the
advice and consent of the senate, shall update that register when informed of a
change in name and address by a notary public, shall process applications by a
notary public for reappointment, shall receive fees for the performance of
these functions to be deposited into the general fund, and shall perform those
clerical and administrative duties associated with these functions. The governor may also receive such
applications directly.
Subd. 3. [FEES.] (a)
When making application for a commission the applicant must submit, along with
the information required by the commissioner secretary of state,
a nonrefundable fee of $40.
(b) All fees shall be retained by the commissioner secretary
of state and are nonreturnable, except that an overpayment of a fee is the
subject of a refund upon proper application.
Sec. 20. Minnesota Statutes 2002, section 359.071, is amended to read:
359.071 [CHANGE OF NAME OR ADDRESS.]
A notary shall notify the commissioner secretary of
state of any name or address change within 30 days of the change.
Sec. 21. Minnesota
Statutes 2002, section 398.10, is amended to read:
398.10 [PARK SUPERINTENDENT; EMPLOYEES.]
The board shall, by secret ballot, elect a park superintendent
to serve as the chief administrative officer of the park district. Such election shall be for terms of not to
exceed two years and the superintendent shall serve at the pleasure of the
board. No person shall be elected
superintendent unless the person has had at least ten years experience in
business or in public administration, at least five years of which shall have
been in a responsible administrative capacity and at least three years in the
administration of parks or recreation.
The salary of the superintendent shall be set by the board. The superintendent or a designee shall serve
as secretary to the board. The
secretary shall, promptly after selection, file with the secretary of state
of Minnesota board a bond in the penal sum of $10,000, with good and
sufficient sureties acceptable to the board of park district commissioners.
The board shall have power to appoint such officers, agents and
employees as it deems necessary for the proper administration of the
district. The officers, agents and
employees shall perform such duties and receive such compensation as the board
may determine and shall be removable at the pleasure of the board.
Sec. 22. [BASE BUDGET.]
The Department of Finance is instructed to include the costs
of assuming and operating the notary function, other than enforcement costs
which will remain with the commissioner of commerce in the budget to be
presented for fiscal year 2006-2007, as part of the base budget of the Office
of the Secretary of State.
Sec. 23. [EFFECTIVE
DATE.]
Sections 2 to 10 are effective January 1, 2004. Sections 19 and 20 are effective July 1,
2005."
The motion prevailed and the amendment was adopted.
S. F. No. 1836, A bill for an act relating to state government;
the Office of the Secretary of State; simplifying filing procedures;
eliminating certain filing requirements; regulating notary appointments and
commissions; appropriating money; amending Minnesota Statutes 2002, sections
184.30; 302A.821, subdivisions 1, 2, 4; 308A.995, subdivision 5; 317A.823,
subdivision 1; 322B.960, subdivisions 1, 2, 5; 325A.06, subdivision 1; 326.40,
subdivision 2; 326.48, subdivision 3; 330.01, subdivision 1; 330.08; 330.09;
336.9-525; 340A.416, subdivision 4; 359.01; 359.071; 398.10; Minnesota Statutes
2003 Supplement, section 308B.121, subdivision 5.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the
roll was called. There were 130 yeas
and 0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
S. F. No. 2265, A bill for an act relating to financial
institutions; clarifying the status of industrial loan and thrift companies
that accept deposits; regulating the liability of certain individuals on credit
card accounts; amending Minnesota Statutes 2002, section 53.01; proposing
coding for new law in Minnesota Statutes, chapter 325G.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 2263 was reported to the House.
Howes and Kuisle moved to amend S. F. No. 2263 as follows:
Page 5, after line 35, insert:
"Sec. 9. [173.087]
[JOB OPPORTUNITY BUILDING ZONE SIGNS.]
Subdivision 1.
[AUTHORITY TO ERECT.] A county or city that has been designated as a
job opportunity building zone under section 469.314 may erect job opportunity
building zone signs on payment to the Department of Transportation of the fee
required under section 173.13, subdivision 4.
Subd. 2. [SIGN
STANDARDS.] A city or county may design and manufacture the jobs opportunity
building zone signs to specifications that conform to the commissioner of
transportation's manual on uniform traffic control devices.
Subd. 3.
[LOCATION.] In the case of cities, one sign under this section may be
erected at each approach to the city within the right-of-way of each trunk
highway that enters the city. In the
case of counties, one sign under this section may be erected within the
right-of-way of each trunk highway at or near the point where the highway
enters the county.
Sec. 10. Minnesota
Statutes 2002, section 173.13, subdivision 4, is amended to read:
Subd. 4. [FEES.] The
annual fee for each such permit or renewal thereof shall be as follows:
(a) If the advertising area of the advertising device does not
exceed 50 square feet, the fee shall be $30.
(b) If the advertising area exceeds 50 square feet but does not
exceed 300 square feet, the fee shall be $60.
(c) If the advertising area exceeds 300 square feet, the fee
shall be $120.
(d) No fee shall be charged for a permit for official signs and
notices as they are defined in section 173.02, except that a fee may be charged
for a star city sign erected under section 173.085 and a job opportunity
building zone sign under section 173.087."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Kuisle and DeLaForest moved to amend S. F. No. 2263, as
amended, as follows:
Page 5, after line 35, insert:
"Sec. 9. Minnesota
Statutes 2002, section 169.87, subdivision 2, is amended to read:
Subd. 2. [SEASONAL LOAD
RESTRICTION.] Except for portland cement concrete roads, between the dates set
by the commissioner of transportation each year, the weight on any single axle
shall not exceed five tons on a county highway, town road, or statutory or
home rule charter city street that has not been restricted as provided in
subdivision 1. Seasonal load
restrictions on gravel roads within a frost zone are in effect for two weeks
longer than seasonal load restrictions on other streets and highways within
that zone, unless removed by public notice by the local road authority having
jurisdiction over the street or highway.
The gross weight on consecutive axles shall not exceed the gross weight
allowed in sections 169.822 to 169.829 multiplied by a factor of five divided
by nine. This reduction shall not apply
to the gross vehicle weight."
Renumber the sections in sequence
Amend the title accordingly
The motion prevailed and the amendment was adopted.
DeLaForest moved that S. F. No. 2263, as
amended, be temporarily laid over on the Calendar for the Day. The motion prevailed.
The Speaker resumed the Chair.
S. F. No. 2386, A bill for an act relating to economic
development; providing a bidding exception for certain federally subsidized
transit facilities; amending Minnesota Statutes 2002, section 469.015,
subdivision 4.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 126 yeas and 5
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Buesgens
Jacobson
Krinkie
Olson, M.
Vandeveer
The bill was passed and its title agreed to.
MOTIONS
FOR RECONSIDERATION
Stang moved that the vote whereby S. F. No. 2265
was passed earlier today be now reconsidered.
The motion prevailed.
Stang moved that the action whereby
S. F. No. 2265 was given its third reading be now
reconsidered. The motion prevailed.
S. F. No. 2265 was reported to the House.
Stang moved to amend S. F. No. 2265 as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 2216, the first engrossment:
"Section 1.
Minnesota Statutes 2002, section 53.01, is amended to read:
53.01 [ORGANIZATION.]
It is lawful for three or more persons, who desire to form a
corporation for the purpose of carrying on primarily the business of loaning
money to persons within the conditions set forth in this chapter, to organize,
under this chapter, an industrial loan and thrift company, by filing with the
secretary of state articles of incorporation, and upon paying the fees
prescribed by chapter 302A and upon compliance with the procedure provided for
the organization and government of ordinary corporations under the laws of this
state, and upon compliance with the additional requirements of this chapter
prior to receiving authorization to do business. If an industrial loan and thrift company is owned or
controlled by a company, as defined in United States Code, chapter 12, section
1467a(a)(1)(C), the industrial loan and thrift company is not authorized, or
eligible to apply for authorization, to accept deposits under this chapter,
unless the company that owns or controls the industrial loan and thrift company
would qualify to own a federal savings association under United States Code,
title 12, section 1467a(c)(9)."
Delete the title and insert:
"A bill for an act relating to financial institutions;
clarifying the status of industrial loan and thrift companies that accept
deposits; amending Minnesota Statutes 2002, section 53.01."
The motion prevailed and the amendment was adopted.
S. F. No. 2265, A bill for an act relating to financial
institutions; clarifying the status of industrial loan and thrift companies
that accept deposits; regulating the liability of certain individuals on credit
card accounts; amending Minnesota Statutes 2002, section 53.01; proposing
coding for new law in Minnesota Statutes, chapter 325G.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
CALENDAR
FOR THE DAY, Continued
S. F. No. 2428 was reported to the House.
Swenson moved to amend S. F. No. 2428 as follows:
Page 45, line 20, after "14," insert "37,
38,"
The motion prevailed and the amendment was adopted.
Swenson moved to amend S. F. No. 2428, as amended, as follows:
Page 2, delete lines 13 to 36
Page 3, delete lines 1 and 2
Page 3, line 19, delete the comma and insert "and"
Page 3, line 20, delete ", and decrease phosphorus
runoff"
Page 5, after line 14, insert:
"Sec. 5. Minnesota
Statutes 2002, section 18C.433, is amended to read:
18C.433 [PRIVATE COMMERCIAL MANURE APPLICATOR
CERTIFICATION APPLICATION REQUIREMENT.]
Subdivision 1.
[REQUIREMENT.] Beginning January 1, 2005 2006, except
for only a commercial animal waste technician, only a certified
private manure applicator may apply animal waste from a feedlot that:
(1) has a capacity of 300 animal units or more; and
(2) does not have an updated manure management plan that meets
the requirements of Pollution Control Agency rules.
Subd. 2.
[CERTIFICATION.] (a) The commissioner shall prescribe certification
requirements and provide training. The
training may be done in cooperation with other government agencies and must be
at least three hours in duration.
(b) A person must apply to the commissioner for
certification as a private manure applicator.
The certification expires March 1 of the third calendar year after the
initial year of certification.
(c) The commissioner shall issue a private manure applicator
card to a certified private manure applicator.
Subd. 3. [FEES.] (a)
A person applying to be certified as a private manure applicator must pay a
nonrefundable $10 application fee.
(b) A $5 fee must be paid for the
issuance of a duplicate private manure applicator card."
Page 6, delete lines 16 to 25
Page 45, after line 1, insert:
"Sec. 44.
Minnesota Statutes 2002, section 561.19, subdivision 1, is amended to
read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the following terms
have the meanings given them:
(a) "Agricultural operation" means a facility and its
appurtenances for the production of crops, livestock, poultry, dairy products
or poultry products, but not a facility primarily engaged in processing
agricultural products.
(b) "Established date of operation" means the date on
which the agricultural operation commenced.
If the agricultural operation is subsequently expanded or significantly
altered, the established date of operation for each expansion or alteration is
deemed to be the date of commencement of the expanded or altered
operation. As used in this paragraph,
"expanded" means an expansion by at least 25 percent in the number of
a particular kind of animal or livestock located on an agricultural operation.
"Significantly altered" does not mean:
(1) a transfer of an ownership interest to and held by persons
or the spouses of persons related to each other within the third degree of
kindred according to the rules of civil law to the person making the transfer
so long as at least one of the related persons is actively operating the farm,
or to a family farm trust under section 500.24;
(2) temporary cessation or interruption of cropping activities;
(3) adoption of new technologies; or
(4) a change in the crop product produced.
(c) "Generally accepted agricultural practices"
means those practices commonly used by other farmers in the county or a
contiguous county in which a nuisance claim is asserted.
[EFFECTIVE DATE.] This
section is effective for actions commenced on or after August 1, 2004.
Sec. 45. Minnesota
Statutes 2002, section 561.19, subdivision 2, is amended to read:
Subd. 2. [AGRICULTURAL
OPERATION NOT A NUISANCE.] (a) An agricultural operation is not and shall not
become a private or public nuisance after two years from its established date
of operation if the operation was not a nuisance at its established date of
as a matter of law if the operation:
(1) is located in an agriculturally zoned area;
(2) complies with the provisions of all applicable federal,
state, or county laws, regulations, rules, and ordinances and any permits
issued for the agricultural operation; and
(3) operates according to generally accepted agricultural
practices.
(b) An agricultural operation is
operating according to generally accepted agricultural practices if it is
located in an agriculturally zoned area and complies with the provisions of all
applicable federal and state statutes and rules or any issued permits for the
operation.
(c) For a period of two years from its established
date of operation, there is a rebuttable presumption that an agricultural
operation in compliance with the requirements of paragraph (a), clauses (1) to
(3), is not a public or private nuisance.
(c) The provisions of this subdivision do not apply:
(1) to a condition or injury which results from the
negligent or improper operation of an agricultural operation or from operations
contrary to commonly accepted agricultural practices or to applicable state or
local laws, ordinances, rules, or permits;
(2) when an agricultural operation causes injury or direct
threat of injury to the health or safety of any person;
(3) to the pollution of, or change in the condition of, the
waters of the state or the overflow of waters on the lands of any person;
(4) to an animal feedlot facility with a swine capacity
of 1,000 or more animal units as defined in the rules of the Pollution Control
Agency for control of pollution from animal feedlots, or a cattle capacity of
2,500 animals or more; or
(5) (2) to any prosecution for the crime of
public nuisance as provided in section 609.74 or to an action by a public
authority to abate a particular condition which is a public nuisance; or
(3) to any enforcement action brought by a local unit of
government related to zoning under chapter 394 or 462.
[EFFECTIVE DATE.] This
section is effective for actions commenced on or after August 1, 2004.
Sec. 46. [609.599]
[EXPOSING DOMESTIC ANIMALS TO DISEASE.]
Subdivision 1.
[GROSS MISDEMEANOR.] (a) A person who intentionally exposes a
domestic animal to an animal disease contrary to reasonable veterinary
practice, or intentionally puts a domestic animal at risk of quarantine or
destruction by actions contrary to reasonable veterinary practice, is guilty of
a gross misdemeanor.
(b) The provisions of paragraph (a) do not apply to a person
performing academic or industry research on domestic animals under protocols
approved by an institutional animal care and use committee.
Subd. 2. [CIVIL
LIABILITY.] A person who violates subdivision 1 is liable in a civil action
for damages in an amount three times the value of any domestic animal destroyed
because it has the disease, has been exposed to the disease agent, or is at
high risk of being exposed to the disease agent because of proximity to
diseased animals.
Subd. 3.
[DEFINITION.] For purposes of this section, "domestic
animal" means:
(1) those species of animals that live under the husbandry
of humans;
(2) livestock within the meaning of section 35.01,
subdivision 3;
(3) a farm-raised deer, farm-raised game bird, or
farm-raised fish; or
(4) an animal listed as a domestic
animal by a rule adopted by the Department of Agriculture.
Sec. 47. Minnesota
Statutes 2002, section 609.605, is amended by adding a subdivision to read:
Subd. 5.
[CERTAIN TRESPASS ON AGRICULTURAL LAND.] (a) A person is guilty of a
gross misdemeanor if the person enters the posted premises of another on which
cattle, bison, sheep, goats, swine, horses, poultry, farmed cervidae, farmed
ratitae, aquaculture stock, or other species of domestic animals for commercial
production are kept, without the consent of the owner or lawful occupant of the
land.
(b) "Domestic animal," for purposes of this section,
has the meaning given in section 609.599.
(c) "Posted," as used in paragraph (a), means the
placement of a sign at least 11 inches square in a conspicuous place at each
roadway entry to the premises. The sign
must provide notice of a bio-security area and wording such as:
"Bio-security measures are in force.
No entrance beyond this point without authorization." The sign may also contain a telephone number
or a location for obtaining such authorization.
(d) The provisions of this subdivision do not apply to
employees or agents of the state or county when serving in a regulatory
capacity and conducting an inspection on posted premises where domestic animals
are kept."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
Koenen, Peterson, Otremba, Eken and Wagenius moved to amend the
Swenson amendment to S. F. No. 2428, as amended, as follows:
Page 3, lines 33 to 36, reinstate the stricken language
Page 4, lines 1 to 7, reinstate the stricken language
Page 4, line 11, delete the new language and reinstate the
stricken language
Page 4, line 15, delete "(3)" and insert
"(6)"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 52 yeas
and 80 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Abrams
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment to the amendment
was not adopted.
The question recurred on the Swenson amendment to
S. F. No. 2428, as amended.
The motion prevailed and the amendment was adopted.
Otremba moved to amend S. F. No. 2428, as amended, as follows:
Page 31, delete lines 8 to 36
Page 32, delete lines 1 to 29
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Otremba amendment and the roll
was called. There were 57 yeas and 72
nays as follows:
Those who
voted in the affirmative were:
Abrams
Anderson, I.
Atkins
Bernardy
Biernat
Brod
Carlson
Clark
Davids
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kelliher
Koenen
Lenczewski
Lesch
Lieder
Magnus
Mariani
Mullery
Murphy
Nelson, P.
Olsen, S.
Olson, M.
Opatz
Otremba
Otto
Pelowski
Peterson
Pugh
Rukavina
Ruth
Seifert
Sertich
Sieben
Slawik
Soderstrom
Solberg
Thao
Wagenius
Walker
Wasiluk
Westrom
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Buesgens
Cornish
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lindgren
Lindner
Lipman
Mahoney
Marquart
McNamara
Meslow
Nelson, C.
Nelson, M.
Newman
Nornes
Osterman
Ozment
Paulsen
Paymar
Penas
Powell
Rhodes
Samuelson
Seagren
Simpson
Smith
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Vandeveer
Walz
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
S. F. No. 2428, A bill for an act relating to agriculture;
modifying provisions relating to shared savings loan program; establishing a
livestock production policy; modifying provisions relating to certain
home-processed foods and county and regional fairs; modifying ethanol plant
ownership disclosure requirements; modifying eligibility and limits for certain
Rural Finance Authority loans; providing for dairy modernization; changing
certain requirements for veterinary practice; modifying amounts for certain
grain buyers' bonds; providing for the validity of electronic documents and
signatures for grain buyers and grain warehouses; modifying certain
restrictions on farming by business organizations and certain restrictions on
acquisition of title; modifying requirements on uses of certain vaccines in
beef cattle; amending Minnesota Statutes 2002, sections 17.115, subdivisions 2,
3; 28A.15, by adding a subdivision; 35.243; 38.04; 38.12; 38.14; 38.15; 38.16;
41B.03, subdivisions 2, 3; 41B.039, subdivision 2; 41B.04, subdivision 8;
41B.042, subdivision 4; 41B.043, subdivision 1b, by adding a subdivision;
41B.045, subdivision 2; 41B.046, subdivision 5; 41C.02, subdivision 12; 156.12,
subdivision 2, by adding a subdivision; 223.16, by adding subdivisions; 223.17,
subdivision 6; 223.177, subdivision 3; 232.21, by adding subdivisions; 232.23,
subdivision 4; 308A.995, subdivision 5; 500.221, subdivisions 1, 1a, 5; 500.24,
subdivisions 2, 3a; Minnesota Statutes 2003 Supplement, sections 18B.07,
subdivision 2; 38.02, subdivisions 1, 3; 41A.09, subdivision 3a; 223.17,
subdivision 4; 308B.121, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapters 17; 116J; repealing Minnesota Statutes 2002,
sections 38.02, subdivision 2; 38.13.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 88 yeas and 41
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Larson
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Mahoney
Marquart
McNamara
Meslow
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Ozment
Paulsen
Pelowski
Penas
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, I.
Atkins
Bernardy
Biernat
Clark
Davids
Davnie
Dill
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hornstein
Jaros
Johnson, S.
Kahn
Kelliher
Koenen
Latz
Lesch
Lieder
Mariani
Mullery
Olson, M.
Otremba
Otto
Paymar
Peterson
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
The bill was passed, as amended, and its title agreed to.
S. F. No. 676 was reported to the House.
Smith moved to amend S. F. No. 676 as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1086, the third engrossment:
"ARTICLE
1
MEMBERSHIP
ISSUES
Section 1. Minnesota
Statutes 2002, section 352.91, subdivision 3g, is amended to read:
Subd. 3g. [ADDITIONAL
CORRECTIONS DEPARTMENT PERSONNEL.] (a) "Covered correctional service"
means service by a state employee in one of the employment positions at the
designated Minnesota correctional facility specified in paragraph (b),
provided that if at least 75 percent of the employee's working time
is spent in direct contact with inmates and the fact of this direct contact is
certified to the executive director by the commissioner of corrections.
(b) The qualifying employment positions and the
designated correctional facilities are:
(1) corrections discipline unit supervisor, at the Minnesota
Correctional Facility-Faribault, the Minnesota Correctional Facility-Lino
Lakes, the Minnesota Correctional Facility-Oak Park Heights, the Minnesota
Correctional Facility-Rush City, and the Minnesota Correctional
Facility-St. Cloud;
(2) dental assistant registered, at the Minnesota Correctional
Facility-Faribault, the Minnesota Correctional Facility-Lino Lakes, the
Minnesota Correctional Facility-Moose Lake, the Minnesota Correctional
Facility-Oak Park Heights, and the Minnesota Correctional Facility-Red Wing;
(3) dental hygienist, at the Minnesota Correctional
Facility-Shakopee and the Minnesota Correctional Facility-Rush City;
(4) psychologist 2, at the Minnesota Correctional
Facility-Faribault, the Minnesota Correctional Facility-Lino Lakes, the
Minnesota Correctional Facility-Moose Lake, the Minnesota Correctional
Facility-Oak Park Heights, the Minnesota Correctional Facility-Red Wing, the
Minnesota Correctional Facility-Rush City, the Minnesota Correctional
Facility-St. Cloud, the Minnesota Correctional Facility-Shakopee, and the
Minnesota Correctional Facility-Stillwater; and or
(5) sentencing to service crew leader involved with the inmate
community work crew program, at the Minnesota Correctional Facility-Faribault
and the Minnesota Correctional Facility-Lino Lakes.
Sec. 2. Minnesota
Statutes 2002, section 353.01, subdivision 2b, is amended to read:
Subd. 2b. [EXCLUDED
EMPLOYEES.] The following public employees are not eligible to participate as
members of the association with retirement coverage by the public employees retirement
plan, the local government correctional employees retirement plan under chapter
353E, or the public employees police and fire retirement plan:
(1) public officers, other than county sheriffs, who are
elected to a governing body, or persons who are appointed to fill a vacancy in
an elective office of a governing body, whose term of office first
commences on or after July 1, 2002, for the service to be rendered in
that elective position. Elected
governing body officials who were active members of the association's
coordinated or basic retirement plans as of June 30, 2002, continue
participation throughout incumbency in office until termination of public
service occurs as defined in subdivision 11a;
(2) election officers or election judges;
(3) patient and inmate personnel who perform services for a
governmental subdivision;
(4) except as otherwise specified in subdivision 12a,
employees who are hired for a temporary position as defined under
subdivision 12a, and employees who resign from a nontemporary position and
accept a temporary position within 30 days in the same governmental subdivision.;
An employer must not apply the definition of temporary position so as to
exclude employees who are hired to fill positions that are permanent or that
are for an unspecified period but who are serving a probationary period at the
start of the employment. If the period
of employment extends beyond six consecutive months and the employee earns more
than $425 from one governmental subdivision in any calendar month, the
department head shall report the employee for membership and require employee
deductions be made on behalf of the employee under section 353.27, subdivision
4.
The membership eligibility of an employee who resigns or is
dismissed from a temporary position and within 30 days accepts another
temporary position in the same governmental subdivision is determined on the
total length of employment rather than on each separate position. Membership eligibility of an employee who
holds concurrent temporary and nontemporary positions in one governmental
subdivision is determined by the length of employment and salary of each
separate position;
(5) employees who are employed by reason of work emergency
caused by fire, flood, storm, or similar disaster;
(6) employees who by virtue of their employment in one
governmental subdivision are required by law to be a member of and to
contribute to any of the plans or funds administered by the Minnesota State
Retirement System, the Teachers Retirement Association, the Duluth Teachers
Retirement Fund Association, the Minneapolis Teachers Retirement Fund
Association, the St. Paul Teachers Retirement Fund Association, the
Minneapolis Employees Retirement Fund, or any police or firefighters relief
association governed by section 69.77 that has not consolidated with the Public
Employees Retirement Association, or any local police or firefighters
consolidation account but who have not elected the type of benefit
coverage provided by the public employees police and fire fund under sections
353A.01 to 353A.10, or any persons covered by section 353.665, subdivision 4,
5, or 6, who have not elected public employees police and fire plan benefit
coverage. This clause must not be
construed to prevent a person from being a member of and contributing to the
Public Employees Retirement Association and also belonging to and contributing
to another public pension plan or fund for other service occurring
during the same period of time. A
person who meets the definition of "public employee" in subdivision 2
by virtue of other service occurring during the same period of time becomes a
member of the association unless contributions are made to another public
retirement fund on the salary based on the other service or to the Teachers
Retirement Association by a teacher as defined in section 354.05, subdivision
2;
(7) persons who are members of a religious order and are
excluded from coverage under the federal Old Age, Survivors, Disability, and
Health Insurance Program for the performance of service as specified in United
States Code, title 42, section 410(a)(8)(A), as amended through January 1,
1987, if no irrevocable election of coverage has been made under section
3121(r) of the Internal Revenue Code of 1954, as amended;
(8) employees of a governmental subdivision who have not
reached the age of 23 and are enrolled on a full-time basis to attend or are
attending classes on a full-time basis at an accredited school, college, or
university in an undergraduate, graduate, or professional-technical program, or
a public or charter high school;
(9) resident physicians, medical interns, and pharmacist
residents and pharmacist interns who are serving in a degree or residency
program in public hospitals;
(10) students who are serving in an internship or residency
program sponsored by an accredited educational institution;
(11) persons who hold a part-time adult supplementary technical
college license who render part-time teaching service in a technical college;
(12) except for employees of Hennepin County, foreign citizens
working for a governmental subdivision with a work permit of less than three
years, or an H-1b visa valid for less than three years of employment. Upon notice to the association that the work
permit or visa extends beyond the three-year period, the foreign citizens are
to must be reported for membership from the date of the extension;
(13) public hospital employees who elected not to participate
as members of the association before 1972 and who did not elect to participate
from July 1, 1988, to October 1, 1988;
(14) except as provided in section 353.86, volunteer ambulance
service personnel, as defined in subdivision 35, but persons who serve as
volunteer ambulance service personnel may still qualify as public employees
under subdivision 2 and may be members of the Public Employees Retirement
Association and participants in the public employees retirement fund or the
public employees police and fire fund, whichever applies, on the basis of
compensation received from public employment service other than service as
volunteer ambulance service personnel;
(15) except as provided in section 353.87, volunteer
firefighters, as defined in subdivision 36, engaging in activities undertaken
as part of volunteer firefighter duties; provided that a person who is a
volunteer firefighter may still qualify as a public employee under subdivision
2 and may be a member of the Public Employees Retirement Association
and a participant in the public employees retirement fund or the public
employees police and fire fund, whichever applies, on the basis of compensation
received from public employment activities other than those as a volunteer
firefighter;
(16) pipefitters and associated trades personnel employed by
Independent School District No. 625, St. Paul, with coverage under a collective
bargaining agreement by the pipefitters local 455 pension plan who were either
first employed after May 1, 1997, or, if first employed before May 2, 1997,
elected to be excluded under Laws 1997, chapter 241, article 2, section 12;
(17) electrical workers, plumbers, carpenters, and associated
trades personnel employed by Independent School District No. 625, St. Paul, or
the city of St. Paul, who have retirement coverage under a collective
bargaining agreement by the Electrical Workers Local 110 pension plan, the
United Association Plumbers Local 34 pension plan, or the Carpenters Local 87
pension plan who were either first employed after May 1, 2000, or, if first
employed before May 2, 2000, elected to be excluded under Laws 2000, chapter
461, article 7, section 5;
(18) bricklayers, allied craftworkers, cement masons, glaziers,
glassworkers, painters, allied tradesworkers, and plasterers employed by the
city of St. Paul or Independent School District No. 625, St. Paul, with
coverage under a collective bargaining agreement by the Bricklayers and Allied
Craftworkers Local 1 pension plan, the Cement Masons Local 633 pension plan,
the Glaziers and Glassworkers Local L-1324 pension plan, the Painters and
Allied Trades Local 61 pension plan, or the Twin Cities Plasterers Local 265
pension plan who were either first employed after May 1, 2001, or if first
employed before May 2, 2001, elected to be excluded under Laws 2001, First
Special Session chapter 10, article 10, section 6;
(19) plumbers employed by the metropolitan airports commission,
with coverage under a collective bargaining agreement by the Plumbers Local 34
pension plan, who either were first employed after May 1, 2001, or if first
employed before May 2, 2001, elected to be excluded under Laws 2001, First
Special Session chapter 10, article 10, section 6;
(20) employees who are hired after June 30, 2002, to fill
seasonal positions under subdivision 12b which are limited in duration by the
employer to 185 consecutive calendar days or less in each year of employment
with the governmental subdivision;
(21) persons who are provided supported employment or
work-study positions by a governmental subdivision and who participate in an
employment or industries program maintained for the benefit of these persons
where the governmental subdivision limits the position's duration to three
years or less, including persons participating in a federal or state subsidized
on-the-job training, work experience, senior citizen, youth, or unemployment
relief program where the training or work experience is not provided as a part
of, or for, future permanent public employment;
(22) independent contractors and the employees of independent
contractors; and
(23) reemployed annuitants of the association during the course
of that reemployment.
Sec. 3. Minnesota
Statutes 2002, section 353.01, subdivision 12a, is amended to read:
Subd. 12a. [TEMPORARY
POSITION.] (1) (a) "Temporary position" means an
employment position predetermined by the employer at the time of hiring to be a
period of six months or less. Temporary
position also means an employment position occupied by a person hired by the
employer as a temporary replacement who is employed for a predetermined period
of six months or less.
(2) (b) "Temporary
position" does not mean an employment position for a specified or
unspecified term in which a person serves a probationary period as a
requirement for subsequent employment on a permanent or unlimited basis.
(c) If employment in a temporary position extends beyond six
consecutive months, the head of the department shall report the employee for
membership if salary in any month exceeds the salary threshold specified in
subdivision 2a. The membership
eligibility of an employee who resigns or is dismissed from a temporary
position and accepts another temporary position in the same governmental
subdivision within 30 days must be determined on the total length of employment
rather than on each separate position.
Sec. 4. Minnesota
Statutes 2002, section 353.01, subdivision 12b, is amended to read:
Subd. 12b. [SEASONAL
POSITION.] "Seasonal position" means a position where the nature of
the work or its duration are related to a specific season or seasons of the
year, regardless of whether or not the employing agency anticipates that the
same employee will return to the position each season in which it becomes
available. The entire period of employment
in a business year must be used to determine whether or not a position
may be excluded as seasonal when there is less than a 30-day break between one
seasonal position and a subsequent seasonal position for employment with the
same governmental employer. Seasonal
positions include, but are not limited to, coaching athletic activities or
employment to plow snow or to maintain roads or parks, or to operate skating
rinks, ski lodges, golf courses, or swimming pools.
Sec. 5. Minnesota
Statutes 2002, section 354.05, subdivision 2, is amended to read:
Subd. 2. [TEACHER.] (a)
"Teacher" means:
(1) a person who renders service as a teacher, supervisor,
principal, superintendent, librarian, nurse, counselor, social worker,
therapist, or psychologist in a public school of the state located outside of
the corporate limits of a city of the first class, or in any charter school,
irrespective of the location of the school, or in any charitable, penal, or
correctional institutions of a governmental subdivision, or who is engaged in
educational administration in connection with the state public school system,
but excluding the University of Minnesota, whether the position be a public
office or an employment, and not including the members or
officers of any general governing or managing board or body;
(2) an employee of the Teachers Retirement Association;
(3) a person who renders teaching service on a part-time basis
and who also renders other services for a single employing unit. A person whose teaching service comprises at
least 50 percent of the combined employment salary is a member of the
association for all services with the single employing unit. If the person's teaching service comprises
less than 50 percent of the combined employment salary, the executive director
must determine whether all or none of the combined service is covered by the
association; or
(4) a person who is not covered by the plans established under
chapter 352D, 354A, or 354B and who is employed by the Board of Trustees of the
Minnesota State Colleges and Universities system in an unclassified position
as:
(i) a president, vice-president, or dean;
(ii) a manager or a professional in an academic or an academic
support program other than specified in item (i);
(iii) an administrative or a service support faculty position;
or
(iv) a teacher or a research assistant.
(b) "Teacher" does not mean:
(1) a person who works for a school or institution as an
independent contractor as defined by the Internal Revenue Service;
(2) a person employed in subsidized on-the-job training,
work experience or public service employment as an enrollee under the federal
Comprehensive Employment and Training Act from and after March 30, 1978, unless
the person has, as of the later of March 30, 1978, or the date of employment,
sufficient service credit in the retirement association to meet the minimum
vesting requirements for a deferred retirement annuity, or the employer agrees
in writing on forms prescribed by the executive director to make the required
employer contributions, including any employer additional contributions, on
account of that person from revenue sources other than funds provided under the
federal Comprehensive Training and Employment Act, or the person agrees in
writing on forms prescribed by the executive director to make the required
employer contribution in addition to the required employee contribution;
(3) a person holding a part-time adult supplementary
technical college license who renders part-time teaching service or who
is a customized trainer as defined by the Minnesota State Colleges and
Universities system in a technical college if (i) the service is
incidental to the regular nonteaching occupation of the person; and (ii) the applicable
technical college employer stipulates annually in advance that the
part-time teaching service or customized training service will not exceed 300
hours in a fiscal year and retains the stipulation in its records; and (iii)
the part-time teaching service or customized training service actually does not
exceed 300 hours in a fiscal year; or
(4) (3) a person exempt from licensure under
section 122A.30.
Sec. 6. Minnesota
Statutes 2002, section 354B.20, subdivision 4, is amended to read:
Subd. 4. [COVERED
EMPLOYMENT.] (a) "Covered employment" means employment by a person
eligible for coverage by this retirement program under section 354B.21 in a
faculty position or in an eligible unclassified administrative position.
(b) "Covered employment" does not mean employment
specified in paragraph (a) by a faculty member employed in a state
university or a community college the Minnesota State Colleges and
Universities system if the person's initial appointment is specified as
constituting less than 25 percent of a full academic year, exclusive of summer
session, for the applicable institution.
Sec. 7. Minnesota
Statutes 2002, section 354B.20, subdivision 6, is amended to read:
Subd. 6. [ELIGIBLE
UNCLASSIFIED ADMINISTRATIVE POSITION.] "Eligible unclassified
administrative position" means the following:
(1) the chancellor of the board;
(2) a president of a state college or university; or
(3) an excluded administrator employed in a state
university or college, by the board, or by the Higher Education Services Office;
or
(4) other managers and professionals in academic and
academic support programs in the unclassified service employed in a state
university or college, by the board, or by the Higher Education Services Office.
Sec. 8.
Minnesota Statutes 2002, section 354C.11, subdivision 2, is amended to
read:
Subd. 2. [ELIGIBILITY.]
(a) An individual must participate in the supplemental retirement plan if the
individual is employed by the Board of Trustees in the unclassified service of
the state and has completed at least two years with a full-time contract of
applicable unclassified employment with the board or an applicable predecessor
board in any of the positions specified in paragraph (b).
(b) Eligible positions or employment classifications are:
(1) an unclassified administrative position as defined in
section 354B.20, subdivision 6;
(2) an employment classification included in one of the
following collective bargaining units under section 179A.10, subdivision 2:
(i) the state university instructional unit;
(ii) the state college instructional unit; and
(iii) the state university administrative unit; or
(3) an unclassified employee of the board:
(i) included in the general professional unit or the
supervisory employees unit under section 179A.10, subdivision 2; or
(ii) an employee who is excluded from one of those units due
to the employee's confidential status under section 179A.10, subdivision 1,
clause (8).
Sec. 9. [REPEALER.]
Minnesota Statutes 2002, section 352D.02, subdivision 5, is
repealed.
Sec. 10. [EFFECTIVE
DATE.]
(a) Sections 2 to 6 and 9 are effective on July 1, 2004.
(b) Section 7 is effective on July 1, 2004, and applies
retroactively to the date of hire of the applicable person in the affected
position.
(c) Section 8 is effective retroactively to July 1, 2001.
ARTICLE
2
COVERED
SALARY DEFINITION
Section 1. Minnesota
Statutes 2002, section 352.01, subdivision 13, is amended to read:
Subd. 13. [SALARY.] (a)
"Salary" means wages, or other periodic compensation, paid to an employee
before deductions for deferred compensation, supplemental retirement plans, or
other voluntary salary reduction programs.
(b) "Salary" does not include:
(1) lump sum sick leave payments,;
(2) severance payments,;
(3) lump sum annual leave payments and overtime payments
made at the time of separation from state service,;
(4) payments in lieu of any employer-paid group
insurance coverage, including the difference between single and family rates
that may be paid to an employee with single coverage, and;
(5) payments made as an employer-paid fringe benefit,;
(6) workers' compensation payments,;
(7) employer contributions to a deferred compensation or
tax sheltered annuity program,; and
(8) amounts contributed under a benevolent vacation and
sick leave donation program are not salary.
(c) Amounts provided to an employee by the employer through
a grievance proceeding or a legal settlement are salary only if the settlement
is reviewed by the executive director and the amounts are determined by the
executive director to be consistent with paragraph (a) and prior
determinations.
Sec. 2. Minnesota
Statutes 2002, section 352B.01, subdivision 11, is amended to read:
Subd. 11. [AVERAGE
MONTHLY SALARY.] (a) "Average monthly salary" means the
average of the highest monthly salaries for five years of service as a member upon
which contributions were deducted from pay under section 352B.02, or upon which
appropriate contributions or payments were made to the fund to receive allowable
service and salary credit as specified under the applicable law. Average monthly salary must be based upon
all allowable service if this service is less than five years. It
(b) "Average monthly salary" means the salary of
the member as defined in section 352.01, subdivision 13. "Average monthly salary" does
not include any lump-sum annual leave payments and overtime payments made at
the time of separation from state service, any amounts of severance pay, or any
reduced salary paid during the period the person is entitled to workers'
compensation benefit payments for temporary disability.
(c) A member on leave of absence receiving temporary
workers' compensation payments and a reduced salary or no salary from the
employer who is entitled to allowable service credit for the period of absence
may make payment to the fund for the difference between salary received, if
any, and the salary the member would normally receive if not on leave of
absence during the period. The member
shall pay an amount equal to the member and employer contribution rate under
section 352B.02, subdivisions 1b and 1c, on the differential salary amount for
the period of the leave of absence. The
employing department, at its option, may pay the employer amount on behalf of
the member. Payment made under this
subdivision must include interest at the rate of 8.5 percent per year, and must
be completed within one year of the return from the leave of absence.
Sec. 3. Minnesota
Statutes 2002, section 353.01, subdivision 10, is amended to read:
Subd. 10. [SALARY.] (a)
"Salary" means:
(1) the periodic compensation of a public employee,
before deductions for deferred compensation, supplemental retirement plans, or
other voluntary salary reduction programs, and also means "wages" and
includes net income from fees; and
(2) for a public employee who has prior service covered by a
local police or firefighters relief association that has consolidated with the
Public Employees Retirement Association or to which section 353.665 applies and
who has elected coverage either under the public employees police and fire fund
benefit plan under section 353A.08 following the consolidation or under section
353.665, subdivision 4, "salary" means the rate of salary upon
which member contributions to the special fund of the relief association were
made prior to the effective date of the consolidation as specified by law and
by bylaw provisions governing the relief association on the date of the
initiation of the consolidation procedure and the actual periodic compensation
of the public employee after the effective date of consolidation.
(b) Salary does not mean:
(1) the fees paid to district court reporters, unused
annual vacation or sick leave payments, in lump-sum or periodic payments, severance
payments, reimbursement of expenses, lump-sum settlements not attached to a
specific earnings period, or workers' compensation payments;
(2) employer-paid amounts used by an employee toward the cost
of insurance coverage, employer-paid fringe benefits, flexible spending
accounts, cafeteria plans, health care expense accounts, day care expenses, or
any payments in lieu of any employer-paid group insurance coverage, including
the difference between single and family rates that may be paid to a member
with single coverage and certain amounts determined by the executive director
to be ineligible;
(3) the amount equal to that which the employing governmental
subdivision would otherwise pay toward single or family insurance coverage for
a covered employee when, through a contract or agreement with some but not all
employees, the employer:
(i) discontinues, or for new hires does not provide, payment
toward the cost of the employee's selected insurance coverages under a group
plan offered by the employer;
(ii) makes the employee solely responsible for all
contributions toward the cost of the employee's selected insurance coverages
under a group plan offered by the employer, including any amount the employer
makes toward other employees' selected insurance coverages under a group plan
offered by the employer; and
(iii) provides increased salary rates for employees who do not
have any employer-paid group insurance coverages; and
(4) except as provided in section 353.86 or 353.87,
compensation of any kind paid to volunteer ambulance service personnel or
volunteer firefighters, as defined in subdivision 35 or 36; and
(5) the amount of compensation that exceeds the limitation
provided in section 356.611.
(c) Amounts provided to an employee by the employer through
a grievance proceeding or a legal settlement are salary only if the settlement
is reviewed by the executive director and the amounts are determined by the
executive director to be consistent with paragraph (a) and prior
determinations.
Sec. 4. Minnesota
Statutes 2002, section 354.05, subdivision 35, is amended to read:
Subd. 35. [SALARY.] (a)
"Salary" means the periodic compensation, upon which member
contributions are required before deductions for deferred compensation,
supplemental retirement plans, or other voluntary salary reduction programs.
(b) "Salary" does not mean:
(1) lump sum annual leave payments;
(2) lump sum wellness and sick leave payments;
(3) employer-paid amounts used by an employee toward the cost
of insurance coverage, employer-paid fringe benefits, flexible spending
accounts, cafeteria plans, health care expense accounts, day care expenses, or
any payments in lieu of any employer-paid group insurance coverage, including
the difference between single and family rates that may be paid to a member
with single coverage and certain amounts determined by the executive director
to be ineligible;
(4) any form of payment made in lieu of any other employer-paid
fringe benefit or expense;
(5) any form of severance payments;
(6) workers' compensation payments;
(7) disability insurance payments, including
self-insured disability payments;
(8) payments to school principals and all other administrators
for services that are in addition to the normal work year contract if
these additional services are performed on an extended duty day, Saturday,
Sunday, holiday, annual leave day, sick leave day, or any other nonduty day;
(9) payments under section 356.24, subdivision 1, clause (4);
and
(10) payments made under section 122A.40, subdivision 12,
except for payments for sick leave that are accumulated under the
provisions of a uniform school district policy that applies equally to all
similarly situated persons in the district.
(c) Amounts provided to an employee by the employer through
a grievance proceeding or a legal settlement are salary only if the settlement
is reviewed by the executive director and the amounts are determined by the
executive director to be consistent with paragraph (a) and prior
determinations.
Sec. 5. Minnesota
Statutes 2002, section 354A.011, subdivision 24, is amended to read:
Subd. 24. [SALARY;
COVERED SALARY.] (a) "Salary" or "covered salary" means the
entire compensation, upon which member contributions are required and made,
that is paid to a teacher before deductions for deferred compensation,
supplemental retirement plans, or other voluntary salary reduction programs.
(b) "Salary" does not mean:
(1) lump sum annual leave payments;
(2) lump sum wellness and sick leave payments;
(3) employer-paid amounts used by an employee toward the cost
of insurance coverage, employer-paid fringe benefits, flexible spending
accounts, cafeteria plans, health care expense accounts, day care expenses, or
any payments in lieu of any employer-paid group insurance coverage, including
the difference between single and family rates that may be paid to a member
with single coverage, and certain amounts determined by the executive secretary
or director to be ineligible;
(4) any form of payment that is made in lieu of any
other employer-paid fringe benefit or expense;
(5) any form of severance payments;
(6) workers' compensation payments;
(7) disability insurance payments, including self-insured
disability payments;
(8) payments to school principals and all other administrators
for services that are in addition to the normal work year contract if
these additional services are performed on an extended duty day, Saturday,
Sunday, holiday, annual leave day, sick leave day, or any other nonduty day;
(9) payments under section 356.24, subdivision 1, clause
(4)(ii); and
(10) payments made under section 122A.40, subdivision 12,
except for payments for sick leave that are accumulated under the
provisions of a uniform school district policy that applies equally to all
similarly situated persons in the district.
(c) Amounts provided to an employee by the employer through
a grievance proceeding or a legal settlement are salary only if the settlement
is reviewed by the executive director and the amounts are determined by the
executive director to be consistent with paragraph (a) and prior
determinations.
Sec. 6. Minnesota
Statutes 2002, section 356.611, subdivision 1, is amended to read:
Subdivision 1. [STATE
SALARY LIMITATIONS.] (a) Notwithstanding any provision of law, bylaws, articles
of incorporation, retirement and disability allowance plan agreements, or
retirement plan contracts to the contrary, the covered salary for pension
purposes for a plan participant of a covered retirement fund enumerated in
section 356.30, subdivision 3, may not exceed 95 percent of the salary
established for the governor under section 15A.082 at the time the person
received the salary.
(b) This section does not apply to a salary paid:
(1) to the governor or to a judge;
(2) to an employee of a political subdivision in a position
that is excluded from the limit as specified under section 43A.17, subdivision
9; or
(3) to a state employee in a position for which the
commissioner of employee relations has approved a salary rate that exceeds 95
percent of the governor's salary as defined under section 43A.02,
subdivision 21; or
(4) to an employee of Gillette Hospital who is covered by
the general state employees retirement plan of the Minnesota State Retirement
System.
(c) The limited covered salary determined under this section
must be used in determining employee and employer contributions and in
determining retirement annuities and other benefits under the respective covered
retirement fund and under this chapter.
Sec. 7. Minnesota
Statutes 2002, section 356.611, subdivision 2, is amended to read:
Subd. 2. [FEDERAL
COMPENSATION LIMITS.] (a) For members first contributing to of
a covered pension plan enumerated in section 356.30, subdivision 3, on or
after July 1, 1995, compensation in excess of the limitation set forth
specified in section 401(a)(17) of the Internal Revenue Code,
as amended, for changes in the cost of living under section 401(a)(17)(B)
of the Internal Revenue Code, may not be included for contribution and
benefit computation purposes.
(b) Notwithstanding paragraph (a), for members specified
in paragraph (a) who first contributed to a covered plan before July 1, 1995,
the annual compensation limit set forth specified in
Internal Revenue Code 401(a)(17) on June 30, 1993, applies to members first
contributing before July 1, 1995 if that provides a greater allowable
annual compensation.
Sec. 8. Minnesota
Statutes 2002, section 356.611, is amended by adding a subdivision to read:
Subd. 3.
[MAXIMUM BENEFIT LIMITATIONS.] A member's annual benefit, if
necessary, must be reduced to the extent required by section 415(b) of the
Internal Revenue Code, as adjusted by the United States Secretary of the Treasury
under section 415(d) of the Internal Revenue Code. For purposes of section 415 of the Internal Revenue Code, the
limitation year of a pension plan covered by this section must be the fiscal
year or calendar year of that plan, whichever is applicable. The accrued benefit limitation described in
section 415(e) of the Internal Revenue Code must cease to be effective for
limitation years beginning after December 31, 1999.
Sec. 9. [EFFECTIVE
DATE.]
(a) Sections 1, 2, 3, 7, and 8 are effective on July 1,
2004.
(b) Sections 4 and 5 are effective on the day following
final enactment.
(c) For a person who retired on or before the effective date
of section 6, section 6 applies retroactively to April 28, 1994, and retirement
annuities that were based on covered salary amounts that were in excess of the
limit in effect after April 28, 1994, but conform with section 6, are ratified.
ARTICLE
3
ALLOWABLE
SERVICE CREDIT
Section 1. Minnesota
Statutes 2002, section 352.27, is amended to read:
352.27 [CREDIT FOR MILITARY BREAK IN SERVICE TO
PROVIDE UNIFORMED SERVICE.]
Any (a) An employee given a leave of absence
to enter military service who is absent from employment by reason of
service in the uniformed services, as defined in United States Code, title 38,
section 4303(13), and who returns to state service upon discharge from military
service as provided in the uniformed service within the time frames
required in United States Code, title 38, section 192.262 4312(e),
may obtain service credit for the period of military the
uniformed service. The employee
is not entitled to credit for any voluntary extension of military service at
the instance of the employee beyond the initial period of enlistment,
induction, or call to active duty, nor to credit for any period of service
following a voluntary return to military service as further specified in
this section, provided that the employee did not separate from uniformed
service with a dishonorable or bad conduct discharge or under other than
honorable conditions. An
(b) The employee may obtain credit by paying into the
fund an equivalent employee contribution based upon the contribution
rate or rates in effect at the time that the uniformed service was performed
multiplied by the full and fractional years being purchased and applied to the
annual salary received at the date of return from military service. The
amount of this contribution must be the applicable amounts required in section
352.04, subdivision 2, plus interest at an annual rate of 8.5 percent
compounded annually rate. The
annual salary rate is the average annual salary during the purchase period that
the employee would have received if the employee had continued to be employed
in covered employment rather than to provide uniformed service, or, if the
determination of that rate is not reasonably certain, the annual salary rate is
the employee's average salary rate during the 12-month period of covered
employment rendered immediately preceding the period of the uniformed service.
(c) The matching equivalent
employer contribution and, if applicable, the equivalent additional employer
contribution provided in section 352.04 must be paid by the department
employing the employee upon return to state service from funds available
to the department at the time and in the manner provided in section 352.04,
using the employer and additional employer contribution rate or rates in effect
at the time that the uniformed service was performed, applied to the same
annual salary rate or rates used to compute the equivalent employee
contribution.
(d) If the employee equivalent contributions provided in
this section are not paid in full, the employee's allowable service credit must
be prorated by multiplying the full and fractional number of years of uniformed
service eligible for purchase by the ratio obtained by dividing the total
employee contribution received by the total employee contribution otherwise
required under this section.
(e) To receive service credit under this section, the
contributions specified in this section must be transmitted to the Minnesota
State Retirement System during the period which begins with the date on which
the individual returns to state service and which has a duration of three times
the length of the uniformed service period, but not to exceed five years. If the determined payment period is less
than one year, the contributions required under this section to receive service
credit may be made within one year of the discharge date.
(f) The amount of service credit obtainable under this
section may not exceed five years unless a longer purchase period is required
under United States Code, title 38, section 4312.
(g) The employing unit shall pay interest on all equivalent
employee and employer contribution amounts payable under this section. Interest must be computed at a rate of 8.5
percent compounded annually from the end of each fiscal year of the leave or
the break in service to the end of the month in which the payment is received.
Sec. 2. Minnesota
Statutes 2002, section 352B.01, is amended by adding a subdivision to read:
Subd. 3b.
[CREDIT FOR BREAK IN SERVICE TO PROVIDE UNIFORMED SERVICE.] (a) A
member who is absent from employment by reason of service in the uniformed
services, as defined in United States Code, title 38, section 4303(13), and who
returns to state employment in a position covered by the plan upon discharge
from service in the uniformed service within the time frame required in United
States Code, title 38, section 4312(e), may obtain service credit for the
period of the uniformed service, provided that the member did not separate from
uniformed service with a dishonorable or bad conduct discharge or under other
than honorable conditions.
(b) The member may obtain credit by paying into the fund an
equivalent member contribution based on the contribution rate or rates in
effect at the time that the uniformed service was performed multiplied by the
full and fractional years being purchased and applied to the annual salary
rate. The annual salary rate is the
average annual salary during the purchase period that the member would have
received if the member had continued to provide employment services to the
state rather than to provide uniformed service, or if the determination of that
rate is not reasonably certain, the annual salary rate is the member's average
salary rate during the 12-month period of covered employment rendered
immediately preceding the purchase period.
(c) The equivalent employer contribution and, if applicable,
the equivalent employer additional contribution, must be paid by the employing
unit, using the employer and employer additional contribution rate or rates in
effect at the time that the uniformed service was performed, applied to the
same annual salary rate or rates used to compute the equivalent member
contribution.
(d) If the member equivalent contributions provided for in
this subdivision are not paid in full, the member's allowable service credit
must be prorated by multiplying the full and fractional number of years of
uniformed service eligible for purchase by the ratio obtained by dividing the
total member contributions received by the total member contributions otherwise
required under this subdivision.
(e) To receive allowable service
credit under this subdivision, the contributions specified in this section must
be transmitted to the fund during the period which begins with the date on
which the individual returns to state employment covered by the plan and which
has a duration of three times the length of the uniformed service period, but
not to exceed five years. If the
determined payment period is calculated to be less than one year, the
contributions required under this subdivision to receive service credit may be
within one year from the discharge date.
(f) The amount of allowable service credit obtainable under
this section may not exceed five years, unless a longer purchase period is
required under United States Code, title 38, section 4312.
(g) The employing unit shall pay interest on all equivalent
member and employer contribution amounts payable under this subdivision. Interest must be computed at a rate of 8.5
percent compounded annually from the end of each fiscal year of the leave or
break in service to the end of the month in which payment is received.
Sec. 3. Minnesota
Statutes 2002, section 353.01, subdivision 16, is amended to read:
Subd. 16. [ALLOWABLE
SERVICE; LIMITS AND COMPUTATION.] (a) "Allowable service" means:
(1) service during years of actual membership in the course of
which employee contributions were made, periods covered by payments in lieu of
salary deductions under section 353.35;
(2) service in years during which the public employee was not a
member but for which the member later elected, while a member, to obtain credit
by making payments to the fund as permitted by any law then in effect;
(3) a period of authorized leave of absence with pay from which
deductions for employee contributions are made, deposited, and credited to the
fund;
(4) a period of authorized personal, parental, or medical leave
of absence without pay, including a leave of absence covered under the federal
Family Medical Leave Act, that does not exceed one year, and during or for
which a member obtained service credit for each month in the leave period by
payments to the fund made in place of salary deductions. The payments must be made in an amount or
amounts based on the member's average salary on which deductions were paid for
the last six months of public service, or for that portion of the last six
months while the member was in public service, to apply to the period in either
case that immediately precedes the commencement of the leave of absence. If the employee elects to pay the employee
contributions for the period of any authorized personal, parental, or medical
leave of absence without pay, or for any portion of the leave, the employee
shall also, as a condition to the exercise of the election, pay to the fund an
amount equivalent to the required employer and the additional employer
contributions, if any, for the employee.
The payment must be made within one year from the expiration of the
leave of absence or within 20 days after termination of public service under
subdivision 11a, whichever is earlier.
The employer, by appropriate action of its governing body which is made
a part of its official records and which is adopted before the date of the
first payment of the employee contribution, may certify to the association in
writing its commitment to pay the employer and additional employer
contributions from the proceeds of a tax levy made under section 353.28. Payments under this paragraph must include
interest at an annual rate of 8.5 percent compounded annually from the date of
the termination of the leave of absence to the date payment is made. An employee shall return to public service
and render a minimum of three months of allowable service in order to be
eligible to pay employee and employer contributions for a subsequent authorized
leave of absence without pay. Upon
payment, the employee must be granted allowable service credit for the
purchased period;
(5) a periodic, repetitive leave that is offered to all
employees of a governmental subdivision.
The leave program may not exceed 208 hours per annual normal work cycle
as certified to the association by the employer. A participating member obtains service credit by making employee
contributions in an amount or amounts based on the member's average salary that
would have been paid if the leave had not been taken. The employer shall pay the employer
and additional employer contributions on behalf of the participating
member. The employee and the employer
are responsible to pay interest on their respective shares at the rate of 8.5
percent a year, compounded annually, from the end of the normal cycle until
full payment is made. An employer shall
also make the employer and additional employer contributions, plus 8.5 percent
interest, compounded annually, on behalf of an employee who makes employee
contributions but terminates public service.
The employee contributions must be made within one year after the end of
the annual normal working cycle or within 20 days after termination of public
service, whichever is sooner. The
association shall prescribe the manner and forms to be used by a governmental
subdivision in administering a periodic, repetitive leave. Upon payment, the member must be granted
allowable service credit for the purchased period;
(6) an authorized temporary layoff under subdivision 12,
limited to three months allowable service per authorized temporary layoff in
one calendar year. An employee who has
received the maximum service credit allowed for an authorized temporary layoff
must return to public service and must obtain a minimum of three months of
allowable service subsequent to the layoff in order to receive allowable
service for a subsequent authorized temporary layoff; or
(7) a period during which a member is contribution
amounts payable under this clause.
Interest must be computed at a rate of 8.5 percent compounded annually
from the end of each fiscal year of the leave or the break in service to the
end of the month in which the payment is received. Upon payment, the employee must be granted
allowable service credit for the purchased period. on an authorized leave
of absence to enter military absent from employment by a governmental
subdivision by reason of service in the armed forces of the United
States in the uniformed services, as defined in United States Code,
title 38, section 4303(13), if the member returns to public service upon
discharge from military service in the uniformed service within the
time frames required under United States Code, title 38, section 192.262
and 4312(e), provided that the member did not separate from uniformed
service with a dishonorable or bad conduct discharge or under other than
honorable conditions. The service is
credited if the member pays into the fund equivalent employee
contributions based upon the employee's contribution rate or rates in
effect at the time that the uniformed service was performed multiplied by the full
and fractional years being purchased and applied to the annual salary at
the date of return from military service rate. The annual salary rate is the average annual salary during the
purchase period that the member would have received if the member had continued
to be employed in covered employment rather than to provide uniformed service,
or, if the determination of that rate is not reasonably certain, the annual
salary rate is the member's average salary rate during the 12-month period of
covered employment rendered immediately preceding the period of the uniformed
service. Payment of the member
equivalent contributions must be made within during a period which
begins with the date on which the individual returns to public employment and
that is three times the length of the military leave period, or within five
years of the date of discharge from the military service, whichever is
less. If the determined payment
period is less than one year, the contributions required under this clause to
receive service credit may be made within one year of the discharge date.
Payment may not be accepted following 20 days after termination of public
service under subdivision 11a. The
amount of these contributions must be in accord with the contribution rates and
salary limitations, if any, in effect during the leave, plus interest at an
annual rate of 8.5 percent compounded annually from the date of return to
public service to the date payment is made. If the member equivalent contributions provided for in this
clause are not paid in full, the member's allowable service credit must be
prorated by multiplying the full and fractional number of years of uniformed
service eligible for purchase by the ratio obtained by dividing the total
member contributions received by the total member contributions otherwise
required under this clause. The corresponding
equivalent employer contribution, and, if applicable, the equivalent
additional employer contribution, if applicable, must be paid by the
governmental subdivision employing the member upon the person's return to
public service if the member makes the equivalent employee
contributions. The employer payments
must be made from funds available to the employing unit, using the employer and
additional employer contribution rate or rates in effect at the time that the
uniformed service was performed, applied to the same annual salary rate or
rates used to compute the equivalent member contribution. The governmental subdivision involved may
appropriate money for those payments. A
member may not receive credit for a voluntary extension of military service at
the instance of the member beyond the initial period of enlistment, induction,
or call to active duty. The
amount of service credit obtainable under this section may not exceed five
years unless a longer purchase period is required under United States Code,
title 38, section 4312. The employing
unit shall pay interest on all equivalent member and employer
(b) For calculating benefits under sections 353.30, 353.31,
353.32, and 353.33 for state officers and employees displaced by the Community
Corrections Act, chapter 401, and transferred into county service under section
401.04, "allowable service"
means the combined years of allowable service as defined in paragraph
(a), clauses (1) to (6), and section 352.01, subdivision 11.
(c) For a public employee who has prior service covered by a
local police or firefighters relief association that has consolidated with the
Public Employees Retirement Association or to which section 353.665 applies,
and who has elected the type of benefit coverage provided by the public
employees police and fire fund either under section 353A.08 following the consolidation
or under section 353.665, subdivision 4, "applicable service" is a
period of service credited by the local police or firefighters relief
association as of the effective date of the consolidation based on law and on
bylaw provisions governing the relief association on the date of the initiation
of the consolidation procedure.
(d) No member may receive more than 12 months of allowable
service credit in a year either for vesting purposes or for benefit calculation
purposes.
(e) "Allowable service" also means a period purchased
under section 356.555.
Sec. 4. Minnesota
Statutes 2002, section 354.091, is amended to read:
354.091 [SERVICE CREDIT.]
(a) In computing service credit, no teacher shall receive
credit for more than one year of teaching service for any fiscal year. Commencing July 1, 1961:
(1) if a teacher teaches less than five hours in a day, service
credit must be given for the fractional part of the day as the term of service
performed bears to five hours;
(2) if a teacher teaches five or more hours in a day, service
credit must be given for only one day;
(3) if a teacher teaches at least 170 full days in any fiscal
year, service credit must be given for a full year of teaching service; and
(4) if a teacher teaches for only a fractional part of the
year, service credit must be given for such fractional part of the year as the
period of service performed bears to 170 days.
(b) A teacher shall receive a full year of service credit based
on the number of days in the employer's full school year if it is less than 170
days. Teaching service performed before
July 1, 1961, must be computed under the law in effect at the time it was
performed.
(c) A teacher does must not lose or gain
retirement service credit as a result of the employer converting to a flexible
or alternate work schedule. If the
employer converts to a flexible or alternate work schedule, the forms for
reporting and the procedures for determining service credit must be determined
by the executive director with the approval of the board of trustees.
(d) For all services rendered on or after July 1, 2003,
service credit for all members employed by the Minnesota State Colleges and
Universities system must be determined:
(1) for full-time employees, by the definition of full time
employment contained in the collective bargaining agreement for those units
listed in section 179A.10, subdivision 2, or contained in the applicable
personnel or salary plan for those positions designated in section 179A.10, subdivision
1;
(2) for part-time employees, by the appropriate proration of
full-time equivalency based on the provisions contained in the collective
bargaining agreement for those units listed in section 179A.10, subdivision 2,
or contained in the applicable personnel or salary plan for those positions
designated in section 179A.10, subdivision 1, and the applicable procedures of
the Minnesota State Colleges and Universities system; and
(3) in no case may a member receive more than one year of
service credit for any fiscal year.
Sec. 5. Minnesota
Statutes 2002, section 354.096, subdivision 1, is amended to read:
Subdivision 1.
[CERTIFICATION.] Upon granting a family leave to a member, an employing
unit must certify the leave to the association on a form specified by the
executive director before the end of the fiscal year during which the leave
was granted.
Sec. 6. Minnesota
Statutes 2002, section 354.53, is amended to read:
354.53 [CREDIT FOR MILITARY BREAK IN SERVICE LEAVE
OF ABSENCE TO PROVIDE UNIFORMED SERVICE.]
Subdivision 1.
[ELIGIBILITY; EMPLOYEE AND EMPLOYER CONTRIBUTIONS.] (a) Any employee
given a leave of absence to enter military service teacher who is absent
from employment by reason of service in the uniformed services, as defined in
United States Code, title 38, section 4303(13), and who returns to the
employer providing teaching service upon discharge from military
service as provided in the uniformed service within the time frames
required in United States Code, title 38, section 192.262 4312(e),
may obtain service credit for the period of military the
uniformed service but shall not receive credit for any voluntary
extension of military service at the instance of the member beyond the initial
period of enlistment, induction or call to active duty as further
specified in this section, provided that the teacher did not separate from
uniformed service with a dishonorable or bad conduct discharge or under other
than honorable conditions.
(b) The member shall may obtain credit by
paying into the fund an equivalent employee contribution based upon the
contribution rate or rates in effect at the time that the military
uniformed service was performed multiplied by the full and fractional
years being purchased and applied to the annual salary rate of the
member for the year beginning with the date of return from military service and
the number of years of military service together with interest thereon at an
annual rate of 8.5 percent compounded annually from the time the military
service was rendered to the first date of payment. The annual salary rate is the average annual
salary during the purchase period that the teacher would have received if the
teacher had continued to provide teaching service to the employer rather than provide
uniformed service or if the determination of that rate is not reasonably
certain, the annual salary rate is the teacher's average salary rate during the
12-month period immediately preceding the period, or, if the preceding period
is less than 12 months, the annualized rate derived from the teacher's average
salary rate during the period of teacher employment rendered immediately
preceding the period of the uniformed service.
(c) The equivalent employer contribution and,
if applicable, the equivalent additional contribution provided in section
354.42 must be paid by the employing unit was performed, applied to the same
annual salary rate at as provided in section
354.52, subdivision 4, using the employer and employer additional
contribution rate or rates in effect at the time that the military uniformed
service of or rates used to compute the member for
the year beginning with the date of return from military service, in the manner
provided in section 354.52, subdivision 4 equivalent employee contribution.
Subd. 2. [CALCULATION
OF CREDIT.] (a) For purposes of computing a money purchase annuity under
section 354.44, subdivision 2, all payments into the fund pursuant to
under this section shall must be considered accumulations
after July 1, 1957 for the purpose of computing any annuity in accordance
with section 354.44, subdivision 2.
(b) For purposes of computing a formula annuity under
section 354.44, subdivision 6, if the employee equivalent
contributions and interest thereon provided in this section are not paid
in full, the member's formula service credit shall must be calculated
prorated by multiplying the full and fractional number of years
of military uniformed service eligible for purchase by the
ratio obtained by dividing the total amount paid and employee
contribution received by the maximum amount payable provided herein total
employee contribution otherwise required under this section.
Subd. 3. [PAYMENTS
ELIGIBLE PAYMENT PERIOD.] Payments pursuant to this (a) To
receive service credit under this section, the contributions specified in this
section shall must be made within transmitted to the
teachers retirement association during the period which begins with the date on
which the individual returns to teaching service and which has a duration of
three times the length of the uniformed service period, but not to exceed
five years from the date of discharge.
(b) Notwithstanding paragraph (a), if the payment period
determined under paragraph (a) is less than one year, the contributions
required under this section to receive service credit may be made within one
year from the discharge date.
Subd. 4. [LIMITS
ON SERVICE CREDIT.] The amount of service credit obtainable under this
section may not exceed five years, unless a longer purchase period is required
under United States Code, title 38, section 4312.
Subd. 5.
[INTEREST REQUIREMENTS.] The employer shall pay interest on all
equivalent employee and employer contribution amounts payable under this
section. Interest must be computed at a
rate of 8.5 percent compounded annually from the end of each fiscal year of the
leave or the break in service to the end of the month in which the payment is
received.
Sec. 7. Minnesota
Statutes 2002, section 354A.093, is amended to read:
354A.093 [MILITARY BREAK IN SERVICE CREDIT
TO PROVIDE UNIFORMED SERVICE.]
Subdivision 1.
[ELIGIBILITY.] Any teacher in the coordinated program of either the
Minneapolis Teachers Retirement Fund Association or the St. Paul Teachers
Retirement Fund Association or any teacher in the new law coordinated program
of the Duluth Teachers Retirement Fund Association who is granted a leave
absent from employment by reason of absence to enter military
service in the uniformed services as defined in United States Code, title
38, section 4303(13) and who returns to the employer providing
active teaching service upon discharge from military uniformed
service as provided in within the time frames required under United
States Code, title 38, section 192.262 4312(e), shall be
entitled to may receive allowable service credit in the applicable
association for all or a portion of the period of military uniformed
service but, provided that the teacher did not for any
voluntary extension of military separate from uniformed service beyond
the initial period of enlistment, induction with a dishonorable or call
to active duty which occurred at the instance of the teacher bad conduct
discharge or under other than honorable conditions.
Subd. 2.
[CONTRIBUTIONS.] If the teacher granted the military service leave of
absence makes the equivalent employee contribution for a period of military
service leave of absence pursuant to service provided to the uniformed
services under this section, the employing unit shall make an equivalent
employer contribution on behalf of the teacher to the applicable association
for the period of the military service leave of absence being
purchased in the manner described in section 354A.12, subdivision 2a. The equivalent employee and employer
contributions shall must be in an amount equal to the employee
and employer contribution rates in effect for other active members of the
association covered by the same program applied to a salary figure equal to the
teacher's average annual salary rate at the date of return from
military service that the teacher would have received if the leave or
break in service had not occurred, or if the determination of that average
salary rate is not reasonably certain, on the basis of the teacher's average
salary rate during the 12-month period immediately preceding the period, or, if
the preceding period is less than 12 months, the annualized rate derived from
the teacher's average salary rate during the period of teacher employment
rendered immediately preceding the period of uniformed service, with the
result multiplied by the number of full and fractional years
constituting the period of service provided to the military uniformed
service leave of absence which the teacher seeks is authorized
to purchase under this section. Payment
shall include interest on the amount payable pursuant to this section at the
rate of six percent compounded annually from the year the military service was
rendered to the date of payment.
Subd. 3.
[PRORATING.] If the payments made by a teacher pursuant to under
this section are less than an the full amount equal to the
applicable contribution rate applied to a salary figure equal to the teacher's
annual salary rate at the date of return from military service, multiplied by
the number of years constituting the period of the military service leave of
absence determined under subdivision 2, the service credit shall
must be prorated. The prorated
service credit shall must be determined by the ratio between the
amount of the actual equivalent employee payment which was made and the
full contribution amount payable pursuant to equivalent employee
payment required under this section.
In order to be entitled to receive service credit under this section,
payment shall be made within five years from the date of discharge from
military service.
Subd. 4.
[ELIGIBLE PAYMENT PERIOD.] (a) To receive service credit under this
section, the contributions specified in this section must be transmitted to the
applicable first class city teachers retirement fund association during the
period which begins with the date the individual returns to teaching service
and which has a duration of three times the length of the uniformed service
period, but not to exceed five years.
(b) Notwithstanding paragraph (a), if the payment period
determined under paragraph (a) is less than one year, the contributions
required under this section to receive service credit may be made within one
year from the discharge date.
Subd. 5. [LIMITS
ON SERVICE CREDIT.] The amount of service credit obtainable under this
section may not exceed five years, unless a longer purchase period is required
under United States Code, title 38, section 4312.
Subd. 6.
[INTEREST REQUIREMENTS.] The employer shall pay interest on all
equivalent employee and employer contribution amounts payable under this
section. Interest must be computed at a
rate of 8.5 percent compounded annually from the end of each fiscal year of the
leave or break in service to the end of the month in which payment is received.
Sec. 8. Minnesota
Statutes 2002, section 490.121, is amended by adding a subdivision to read:
Subd. 4b.
[CREDIT FOR BREAK IN SERVICE TO PROVIDE UNIFORMED SERVICE.] (a) A
judge who is absent from employment by reason of service in the uniformed services,
as defined in United States Code, title 38, section 4303(13), and who returns
to state employment as a judge upon discharge from service in the uniformed
service within the time frame required in United States Code, title 38, section
4312(e) may obtain service credit for the period of the uniformed service,
provided that the judge did not separate from uniformed service with a
dishonorable or bad conduct discharge or under other than honorable conditions.
(b) The judge may obtain credit by paying into the fund
equivalent member contribution based on the contribution rate rates in effect
at the time that the uniformed service was performed multiplied by the full and
fractional years being purchased and applied to the annual salary rate. The annual salary rate is the average annual
salary during the purchase period that the judge would have received if the
judge had continued to provide employment services to the state rather than to
provide uniformed service, or if the determination of that rate is not
reasonably certain, the annual salary rate is the judge's average salary rate
during the 12-month period of judicial employment rendered immediately
preceding the purchase period.
(c) The equivalent employer contribution and, if applicable,
the equivalent employer additional contribution, must be paid by the employing
unit, using the employer and employer additional contribution rate or rates in
effect at the time that the uniformed service was performed, applied to the
same annual salary rate or rates used to compute the equivalent member
contribution.
(d) If the member equivalent contributions provided for in
this subdivision are not paid in full, the judge's allowable service credit
must be prorated by multiplying the full and fractional number of years of
uniformed service eligible for purchase by the ratio obtained by dividing the
total member contributions received by the total member contributions otherwise
required under this subdivision.
(e) To receive allowable service credit under this subdivision,
the contributions specified in this section must be transmitted to the fund
during the period which begins with the date on which the individual returns to
judicial employment and which has a duration of three times the length of the
uniformed service period, but not to exceed five years. If the determined payment period is
calculated to be less than one year, the contributions required under this
subdivision to receive service credit may be within one year from the discharge
date.
(f) The amount of allowable service credit obtainable under
this section may not exceed five years, unless a longer purchase period is
required under United States Code, title 38, section 4312.
(g) The state court administrator shall pay interest on all
equivalent member and employer contribution amounts payable under this
subdivision. Interest must be computed
at a rate of 8.5 percent compounded annually from the end of each fiscal year
of the leave or break in service to the end of the month in which payment is
received.
Sec. 9. [EFFECTIVE
DATE.]
Sections 1 to 8 are effective on July 1, 2004.
ARTICLE
4
QUALIFIED
PART-TIME TEACHER PROVISIONS
Section 1. Minnesota
Statutes 2002, section 354.66, subdivision 2, is amended to read:
Subd. 2. [QUALIFIED
PART-TIME TEACHER PROGRAM PARTICIPATION REQUIREMENTS.] (a) A teacher in
a Minnesota public elementary school, a Minnesota secondary school, or the
Minnesota State Colleges and Universities system who has three years or more of
allowable service in the association or three years or more of full-time
teaching service in Minnesota public elementary schools, Minnesota secondary
schools, or the Minnesota State Colleges and Universities system, by agreement
with the board of the employing district or with the authorized representative
of the board, may be assigned to teaching service in a part-time teaching
position under subdivision 3. The
agreement must be executed before October 1 of the school year for which
the teacher requests to make retirement contributions under subdivision 4. A copy of the executed agreement must be
filed with the executive director of the association. If the copy of the executed agreement is filed with the
association after October 1 of the school year for which
the teacher requests to make retirement contributions under subdivision 4, the
employing unit shall pay the fine specified in section 354.52, subdivision 6,
for each calendar day that elapsed since the October 1 due date. The association may not accept an executed
agreement that is received by the association more than 15 months late. The association may not waive the fine
required by this section.
(b) Notwithstanding paragraph (a), if the teacher is also a
legislator:
(1) the agreement in paragraph (a) must be executed before
March 1 of the school year for which the teacher requests to make retirement
contributions under subdivision 4; and
(2) the fines specified in paragraph (a) apply if the
employing unit does not file the executed agreement with the executive director
of the association by March 1.
Sec. 2. Minnesota
Statutes 2002, section 354A.094, subdivision 3, is amended to read:
Subd. 3. [QUALIFIED
PART-TIME TEACHER PROGRAM PARTICIPATION REQUIREMENTS.] (a) A teacher in
the public schools of a city of the first class who has three years or more
allowable service in the applicable retirement fund association or three years
or more of full-time teaching service in Minnesota public elementary schools,
Minnesota secondary schools, and Minnesota State Colleges and Universities
system may, by agreement with the board of the employing district, be assigned
to teaching service within the district in a part-time teaching position. The agreement must be executed before October
1 of the year for which the teacher requests to make retirement contributions
under subdivision 4. A copy of the
executed agreement must be filed with the executive director of the retirement
fund association. If the copy of the
executed agreement is filed with the association after October 1 of the year
for which the teacher requests to make retirement contributions under
subdivision 4, the employing school district shall pay a fine of $5 for each
calendar day that elapsed since the October 1 due date. The association may not accept an executed
agreement that is received by the association more than 15 months late. The association may not waive the fine
required by this section.
(b) Notwithstanding paragraph (a), if the teacher is also a
legislator:
(1) the agreement in paragraph (a) must be executed before
March 1 of the school year for which the teacher requests to make retirement
contributions under subdivision 4; and
(2) the fines specified in paragraph (a) apply if the
employing unit does not file the executed agreement with the executive director
of the applicable Teachers Retirement Fund Association by March 1.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective on July 1, 2004.
ARTICLE
5
RETIREMENT
PLAN CONTRIBUTIONS AND TRANSFERS
Section 1. Minnesota Statutes
2002, section 354.42, subdivision 7, is amended to read:
Subd. 7. [ERRONEOUS
SALARY DEDUCTIONS OR DIRECT PAYMENTS.] (a) Any deductions taken from the
salary of an employee for the retirement fund in error shall must
be refunded to the employee upon the discovery of the error and after
the verification of the error by the employing unit making the
deduction, and. The corresponding employer contribution and
additional employer contribution amounts attributable to the erroneous salary
deduction must be refunded to the employing unit.
(b) If salary deductions and employer
contributions were erroneously transmitted to the retirement fund and should
have been transmitted to another Minnesota public pension plan, the retirement
association executive director must transfer these salary deductions
and employer contributions to the appropriate public pension fund without
interest. For purposes of this
paragraph, a Minnesota public pension plan means a plan specified in section
356.30, subdivision 3, or the plan governed by chapter 354B.
(c) A potential transfer under paragraph (b) that would
cause the plan to fail to be a qualified plan under section 401(a) of the
Internal Revenue Code, as amended, must not be made by the executive
director. Within 30 days after being
notified by the Teachers Retirement Association of an unmade potential transfer
under this paragraph, the employer of the affected person must transmit an
amount representing the applicable salary deductions and employer
contributions, without interest, to the retirement fund of the appropriate
Minnesota public pension plan fund. The
retirement association must provide a credit for the amount of the erroneous
salary deductions and employer contributions against future contributions from the
employer.
(d) If a salary warrant or check from which a deduction
for the retirement fund was taken has been canceled or the amount of the
warrant or if a check has been returned to the funds of the employing
unit making the payment, a refund of the amount deducted, or any portion of it
that is required to adjust the salary deductions, shall must be
made to the employing unit.
(d) (e) Any erroneous direct payments of
member-paid contributions or erroneous salary deductions that were not
refunded in during the regular payroll cycle processing of
an employing unit's annual summary report shall must be refunded to
the member with, plus interest computed using the rate and method
specified in section 354.49, subdivision 2.
(f) Any refund under this subdivision that would cause the
plan to fail to be a qualified plan under section 401(a) of the Internal
Revenue Code, as amended, may not be refunded and instead must be credited
against future contributions payable by the employer. The employer is responsible for refunding to the applicable
employee any amount that was erroneously deducted from the salary of the
employee, with interest as specified in paragraph (e).
Sec. 2. Minnesota
Statutes 2002, section 354.51, subdivision 5, is amended to read:
Subd. 5. [PAYMENT OF
SHORTAGES.] (a) Except as provided in paragraph (b), in the event that
full required member contributions are not deducted from the salary of a
teacher, payment shall must be made as follows:
(a) (1) Payment of shortages in member deductions
on salary earned after June 30, 1957, and prior to before
July 1, 1981, may be made any time prior to before
retirement. Payment shall must
include interest at an annual rate of 8.5 percent compounded annually from the
end of the fiscal year in which the shortage occurred to the end of the month
in which payment is made and the interest shall must be credited
to the fund. If payment of a shortage
in deductions is not made, the formula service credit of the member shall
must be prorated pursuant to under section 354.05,
subdivision 25, clause (3).
payment
to the applicable county auditor, who shall spread a levy in the amount of the
shortage payment over the taxable property of the taxing district of the employing
unit if the employing unit is supported by property taxes, or to the
commissioner of finance, who shall deduct the amount from any state aid or
appropriation amount applicable to the employing unit if the employing unit is
not supported by property taxes. (b) (2) Payment of shortages in member deductions
on salary earned after June 30, 1981, shall be are the sole
obligation of the employing unit and shall be are payable by the
employing unit upon notification by the executive director of the shortage with
interest at an annual rate of 8.5 percent compounded annually from the end of
the fiscal year in which the shortage occurred to the end of the month in which
payment is made and the interest shall must be credited to the
fund. Effective July 1, 1986, the
employing unit shall also pay the employer contributions as specified in
section 354.42, subdivisions 3 and 5 for such the shortages. If the shortage payment is not paid by the
employing unit within 60 days of notification, the executive director shall
certify the amount of the shortage
(c) (3) Payment may not be made for shortages in
member deductions on salary earned prior to before
July 1, 1957, for shortages in member deductions on salary paid or
payable under paragraph (b), or for shortages in member deductions for persons
employed by the Minnesota State Colleges and Universities system in a faculty
position or in an eligible unclassified administrative position and whose
employment was less than 25 percent of a full academic year, exclusive of the
summer session, for the applicable institution that exceeds the most recent 36
months.
(b) For a person who is employed by the Minnesota State
Colleges and Universities system in a faculty position or in an eligible
unclassified administrative position and whose employment was less than 25
percent of a full academic year, exclusive of the summer session, for the
applicable institution, upon the person's election under section 354B.21 of
retirement coverage under this chapter, the shortage in member deductions on
the salary for employment by the Minnesota State Colleges and Universities
system institution of less than 25 percent of a full academic year, exclusive
of the summer session, for the applicable institution for the most recent 36
months and the associated employer contributions must be paid by the Minnesota
State Colleges and Universities system institution, plus annual compound
interest at the rate of 8.5 percent from the end of the fiscal year in which
the shortage occurred to the end of the month in which the teachers retirement
association coverage election is made.
If the shortage payment is not made by the institution within 60 days of
notification, the executive director shall certify the amount of the shortage
payment to the commissioner of finance, who shall deduct the amount from any
state appropriation to the system. An
individual electing coverage under this paragraph shall repay the amount of the
shortage in member deductions, plus interest, through deduction from salary or
compensation payments within the first year of employment after the election
under section 354B.21, subject to the limitations in section 16D.16. The Minnesota State Colleges and
Universities system may use any means available to recover amounts which were
not recovered through deductions from salary or compensation payments. No payment of the shortage in member
deductions under this paragraph may be made for a period longer than the most
recent 36 months.
Sec. 3. Minnesota
Statutes 2002, section 354B.23, subdivision 1, is amended to read:
Subdivision 1. [MEMBER
CONTRIBUTION RATE.] (a) Except as provided in paragraph (b), The member
contribution rate for participants in the individual retirement account plan is
4.5 percent of salary.
(b) For participants in the individual retirement account
plan who were otherwise eligible to elect retirement coverage in the state
unclassified employees retirement program, the member contribution rate is the
rate specified in section 352D.04, subdivision 2, paragraph (a).
Sec. 4. Minnesota
Statutes 2002, section 354B.32, is amended to read:
354B.32 [TRANSFER OF FUNDS TO IRAP.]
A participant in the individual retirement account plan
established in this chapter who has less than ten years of allowable service
under the Teachers Retirement Association or fund
fund-to-fund transfers, and, in no event, may the
participant receive direct payment of the money transferred the a teachers
retirement fund association, whichever applies, may elect to transfer an
amount equal to the participant's accumulated member contributions to the
Teachers Retirement Association or the applicable teachers retirement
fund association, plus compound interest at the rate of six percent per annum,
to the individual retirement account plan.
The transfers are irrevocable fund to prior to
retirement before the termination of employment. If a participant elects the contribution
transfer, all of the participant's allowable and formula service credit in the
Teachers Retirement Association or the teachers retirement fund association
associated with the transferred amount is forfeited.
The executive director of the Teachers Retirement Association
and the chief administrative officers of the teachers retirement fund
associations, in cooperation with the chancellor of the Minnesota State
Colleges and Universities system, shall notify participants who are eligible to
transfer of their right to transfer and the amount that they are eligible to
transfer, and shall, upon request, provide forms to implement the transfer. The chancellor of the Minnesota State
Colleges and Universities system shall assist the Teachers Retirement
Association and the teachers retirement fund associations in developing
transfer forms and in implementing the transfers.
Authority to elect a transfer under this section expires on
July 1, 2004.
Sec. 5. [EFFECTIVE
DATE; RETROACTIVE APPLICATION.]
(a) Section 2 is effective on July 1, 2004.
(b) Section 2 applies to shortages in member deductions that
occurred before the effective date of the section.
(c) Sections 1, 3, and 4 are effective on July 1, 2004.
ARTICLE
6
REPORTING
AND INFORMATION PROVISION
Section 1. Minnesota
Statutes 2002, section 354.07, subdivision 9, is amended to read:
Subd. 9. [INFORMATION
DISTRIBUTION.] All school districts, the Minnesota State Colleges and
Universities, community colleges and other employers of members of the
association are obligated to distribute to their employees ballots for the
election of members to the board of trustees, pamphlets, brochures, documents
or any other material containing association information which are prepared by
the executive director or the board and are delivered to the employers for
distribution.
Sec. 2. Minnesota
Statutes 2002, section 354.52, subdivision 4a, is amended to read:
Subd. 4a. [MEMBER DATA
REPORTING REQUIREMENTS.] (a) An employing unit must initially provide the
member data specified in paragraph (b) or any of that data not previously
provided to the association for payroll warrants dated after June 30, 1995, in
a format prescribed by the executive director. An employing unit must provide the member data specified in
paragraph (b) in a format prescribed by the executive director. Data changes and the dates of those changes
under this subdivision must be reported to the association in a format
prescribed by the executive director on an ongoing basis within 14 calendar
days after the date of the end of the payroll cycle in which they occur. These data changes must be reported with the
payroll cycle data under subdivision 4b.
(b) Data on the member includes:
(1) legal name, address, date of birth, association member
number, employer-assigned employee number, and Social Security number;
(2) association status, including, but not limited to, basic,
coordinated, exempt annuitant, exempt technical college teacher, and exempt
independent contractor or consultant;
(3) employment status, including, but
not limited to, full time, part time, intermittent, substitute, or part-time
mobility;
(4) employment position, including, but not limited to,
teacher, superintendent, principal, administrator, or other;
(5) employment activity, including, but not limited to, hire,
termination, resumption of employment, disability, or death;
(6) leaves of absence;
(7) county district number assigned by the association for the
employing unit;
(8) data center identification number, if applicable; and
(9) gender;
(10) position code; and
(11) other information as may be required by the
executive director.
Sec. 3. Minnesota
Statutes 2002, section 354.52, is amended by adding a subdivision to read:
Subd. 4c. [MNSCU
SERVICE CREDIT REPORTING.] For all part-time service rendered on or after
July 1, 2004, the service credit reporting requirement in subdivision
4b for all part-time employees of the Minnesota State Colleges and Universities
system must be met by the Minnesota State Colleges and Universities system
reporting to the association on or before July 31 of each year the final
calculation of each part-time member's service credit for the immediately
preceding fiscal year based on the employee's assignments for the fiscal year.
Sec. 4. Minnesota
Statutes 2002, section 354.52, subdivision 6, is amended to read:
Subd. 6. [NONCOMPLIANCE
CONSEQUENCES.] An employing unit that does not comply with the reporting
requirements under this section shall subdivision 2a, 4a, or 4b must
pay a fine of $5 per calendar day until the association receives the required
data.
Sec. 5. [LEGISLATIVE
COMMISSION ON PENSIONS AND RETIREMENT; ACTUARIAL SERVICES BILLING TO THIRD
PARTIES.]
Notwithstanding any provision of law to the contrary, the
Legislative Commission on Pensions and Retirement may bill third parties for
actuarial services performed for their benefit under its contract with its
consulting actuary under Minnesota Statutes, section 3.85, and may deposit the
actuarial services reimbursements from those third parties to the credit of the
commission, and those deposited reimbursements are reappropriated to the
commission.
Sec. 6. [EFFECTIVE
DATE.]
(a) Sections 1 to 4 are effective on July 1, 2004.
(b) Section 5 is effective retroactively to July 1, 2003,
and expires when the requirement that the Legislative Commission on Pensions
and Retirement retain a consulting actuary to perform annual actuarial
valuations of retirement plans terminates.
ARTICLE 7
RETIREMENT
ANNUITY PROVISIONS
Section 1. Minnesota
Statutes 2002, section 352.86, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY;
RETIREMENT ANNUITY.] A person who is employed by the Department of
Transportation in the civil service employment classification of aircraft pilot
or chief pilot who is covered by the general employee retirement plan of the
system under section 352.01, subdivision 23, who elects this special retirement
coverage under subdivision 3, who is prohibited from performing the duties of
aircraft pilot or chief pilot after reaching age 62 65 by a rule
policy adopted by the commissioner of transportation, and who
terminates employment as a state employee on reaching that on or
after age 62 but prior to normal retirement age is entitled, upon
application, to a retirement annuity computed in accordance with under
section 352.115, subdivisions 2 and 3, without any reduction for early
retirement under section 352.116, subdivision 1.
Sec. 2. Minnesota
Statutes 2002, section 353.37, is amended by adding a subdivision to read:
Subd. 1b.
[RETIREMENT AGE.] For purposes of this section, "retirement
age" means retirement age as defined in United States Code, title 42,
section 416(l).
Sec. 3. Minnesota
Statutes 2002, section 353.37, subdivision 3, is amended to read:
Subd. 3. [REDUCTION OF
ANNUITY.] The association shall reduce the amount of the annuity as follows:
(a) for of a person who has not reached normal
the retirement age, by one-half of the amount in excess of
the applicable reemployment income maximum under subdivision 1;.
(b) for a person who has reached normal retirement age, but
has not reached age 70, one-third of the amount in excess of the applicable
reemployment income maximum under subdivision 1;
(c) for a person who has reached age 70, or for salary
earned through service in an elected office, there is no reduction upon
reemployment, regardless of income.
There is no reduction upon
reemployment, regardless of income, for a person who has reached the retirement
age.
Sec. 4. Minnesota
Statutes 2002, section 354.44, subdivision 4, is amended to read:
Subd. 4. [RETIREMENT
ANNUITY ACCRUAL DATE.] (a) An annuity payment begins to accrue, providing
provided that the age and service requirements under subdivision 1 are
satisfied, after the termination of teaching service, or after the application
for retirement has been filed with the board, whichever is later, as follows:
(1) on the 16th day of the month of termination or filing if
the termination or filing occurs on or before the 15th day of the month;
(2) on the first day of the month following the month of
termination or filing if the termination or filing occurs on or after the 16th
day of the month;
(3) on July 1 for all school principals and other
administrators who receive a full annual contract salary during the fiscal year
for performance of a full year's contract duties; or
(4) a later date to be either the first or the
16th day of a month occurring within the six-month period immediately
following the termination of teaching service as specified under paragraph (b)
by the member.
(b) If an application for retirement is filed with the board
during the six-month period that occurs immediately following the
termination of teaching service, the annuity may begin to accrue as if the
application for retirement had been filed with the board on the date teaching
service terminated or a later date under paragraph (a), clause (4). An annuity must not begin to accrue more
than one month before the date of final salary receipt.
Sec. 5. Minnesota
Statutes 2002, section 354.44, subdivision 5, is amended to read:
Subd. 5. [RESUMPTION OF
TEACHING SERVICE AFTER RETIREMENT.] (a) Any person who retired under the
provisions of this chapter and has thereafter resumed teaching in any employer
unit to which this chapter applies is eligible to continue to receive payments
in accordance with the annuity except that annuity payments must be reduced
during the calendar year immediately following any calendar year in which the
person's income from the teaching service is in an amount greater than the
annual maximum earnings allowable for that age for the continued receipt of
full benefit amounts monthly under the federal old age, survivors and
disability insurance program as set by the secretary of health and human
services under United States Code, title 42, section 403. The amount of the reduction must be one-half
of the amount in excess of the applicable reemployment income maximum specified
in this subdivision and must be deducted from the annuity payable for the
calendar year immediately following the calendar year in which the excess
amount was earned. If the person has
not yet reached the minimum age for the receipt of Social Security benefits,
the maximum earnings for the person must be equal to the annual maximum
earnings allowable for the minimum age for the receipt of Social Security
benefits.
(b) If the person is retired for only a fractional part of the
calendar year during the initial year of retirement, the maximum reemployment
income specified in this subdivision must be prorated for that calendar year.
(c) After a person has reached the Social Security full
retirement age of 70, no reemployment income maximum is applicable
regardless of the amount of income.
(d) The amount of the retirement annuity reduction must be
handled or disposed of as provided in section 356.47.
(e) For the purpose of this subdivision, income from teaching
service includes, but is not limited to:
(1) all income for services performed as a consultant or an
independent contractor for an employer unit covered by the provisions of this
chapter; and
(2) the greater of either the income received or an amount
based on the rate paid with respect to an administrative position, consultant,
or independent contractor in an employer unit with approximately the same
number of pupils and at the same level as the position occupied by the person
who resumes teaching service.
Sec. 6. Minnesota
Statutes 2002, section 354.44, subdivision 6, is amended to read:
Subd. 6. [COMPUTATION
OF FORMULA PROGRAM RETIREMENT ANNUITY.] (1) (a) The formula retirement
annuity must be computed in accordance with the applicable provisions of the
formulas stated in clause (2) or (4) paragraph (b) or (d) on the
basis of each member's average salary for the period of the member's formula
service credit.
For all years of formula service credit, "average
salary," for the purpose of determining the member's retirement annuity,
means the average salary upon which contributions were made and upon which
payments were made to increase the salary limitation provided in Minnesota
Statutes 1971, section 354.511, for the highest five successive years of formula service credit
provided, however, that such "average salary" shall not include any
more than the equivalent of 60 monthly salary payments. Average salary must be based upon all years
of formula service credit if this service credit is less than five years.
(2) (b) This clause paragraph, in
conjunction with clause (3) paragraph (c), applies to a person
who first became a member of the association or a member of a pension fund
listed in section 356.30, subdivision 3, before July 1, 1989, unless clause
(4) paragraph (d), in conjunction with clause (5) paragraph
(e), produces a higher annuity amount, in which case clause (4) paragraph
(d) applies. The average salary as
defined in clause (1) paragraph (a), multiplied by the following
percentages per year of formula service credit shall determine the amount of
the annuity to which the member qualifying therefor is entitled:
Coordinated Member Basic Member
Each year of service the percent the percent
during first ten specified
in
specified in
section 356.315, section 356.315,
subdivision 1, subdivision 3,
per year
per year
Each year of service the percent the percent
thereafter specified in specified in
section 356.315, section 356.315,
subdivision 2, subdivision 4,
per year
per year
(3) (c)(i) This clause paragraph
applies only to a person who first became a member of the association or a
member of a pension fund listed in section 356.30, subdivision 3, before July
1, 1989, and whose annuity is higher when calculated under clause (2) paragraph
(b), in conjunction with this clause paragraph than when
calculated under clause (4) paragraph (d), in conjunction with clause
(5) paragraph (e).
(ii) Where any member retires prior to normal retirement age
under a formula annuity, the member shall be paid a retirement annuity in an
amount equal to the normal annuity provided in clause (2) paragraph
(b) reduced by one-quarter of one percent for each month that the member is
under normal retirement age at the time of retirement except that for any
member who has 30 or more years of allowable service credit, the reduction
shall be applied only for each month that the member is under age 62.
(iii) Any member whose attained age plus credited allowable
service totals 90 years is entitled, upon application, to a retirement annuity
in an amount equal to the normal annuity provided in clause (2) paragraph
(b), without any reduction by reason of early retirement.
(4) (d) This clause paragraph
applies to a member who has become at least 55 years old and first became a
member of the association after June 30, 1989, and to any other member who has
become at least 55 years old and whose annuity amount when calculated under
this clause paragraph and in conjunction with clause (5) paragraph
(e), is higher than it is when calculated under clause (2) paragraph
(b), in conjunction with clause (3) paragraph (c). The average salary, as defined in clause
(1) paragraph (a) multiplied by the percent specified by section
356.315, subdivision 4, for each year of service for a basic member and by the
percent specified in section 356.315, subdivision 2, for each year of service
for a coordinated member shall determine the amount of the retirement annuity
to which the member is entitled.
(5) (e) This clause paragraph
applies to a person who has become at least 55 years old and first becomes a
member of the association after June 30, 1989, and to any other member who has
become at least 55 years old and whose annuity is higher when calculated under clause
(4) paragraph (d) in conjunction with this clause paragraph
than when calculated under clause (2) paragraph (b), in
conjunction with clause (3) paragraph (c). An employee who retires under the formula
annuity before the normal retirement age shall be paid the normal annuity
provided in clause (4) paragraph (d) reduced so that the reduced
annuity is the actuarial equivalent of the annuity that would be payable to the
employee if the employee deferred receipt of the annuity and the annuity amount
were augmented at an annual rate of three percent compounded annually from the
day the annuity begins to accrue until the normal retirement age.
(f) No retirement annuity is payable to a former employee
with a salary that exceeds 95 percent of the governor's salary unless and until
the salary figures used in computing the highest five successive years average
salary under paragraph (a) have been audited by the Teachers Retirement
Association and determined by the executive director to comply with the
requirements and limitations of section 354.05, subdivisions 35 and 35a.
Sec. 7. Minnesota
Statutes 2002, section 490.121, subdivision 10, is amended to read:
Subd. 10. [EARLY
RETIREMENT DATE.] "Early retirement date" means the last day of any
month after a judge attains the age of 62 60 until the
normal retirement date.
Sec. 8. [PERA-POLICE
AND FIRE; TEMPORARY EXEMPTION FROM REEMPLOYED ANNUITANT EARNINGS LIMITATIONS.]
Notwithstanding any provision of Minnesota Statutes, section
353.37, to the contrary, a person who is receiving a retirement annuity from
the public employees police and fire plan and who is employed as a sworn peace
officer by the Metropolitan Airports Commission is exempt from the limitation
on reemployed annuitant earnings for the period January 1, 2004, until June 30,
2007.
Sec. 9. [TRA; REPORT ON
CERTAIN SALARY AUDITS.]
(a) The executive director shall report to the chair of the
Legislative Commission on Pensions and Retirement, the chair of the Committee
on Governmental Operations and Veterans Affairs Policy of the house of
representatives, and the chair of the State and Local Government Operations
Committee of the senate on the number of superintendents, assistant
superintendents, and principals who retired during the most recent calendar
year, the number of superintendents, assistant superintendents, and principals
where the preretirement salary audit under Minnesota Statutes, section 354.44,
subdivision 6, paragraph (f), disclosed an impermissible salary inclusion
amount, the school district or districts in which impermissible salary
inclusions occurred, the average amount of the impermissible salary inclusions
where there were impermissible salary inclusions, and the range of
impermissible salary inclusions.
(b) When a report is due, the report must be filed on or
before February 15.
(c) Reports under this section must be made for calendar
years 2004 and 2005. A report under
this section also must be filed for calendar years 2006 and 2007 if the report
for calendar year 2005 indicates that there were impermissible salary
inclusions that occurred during the calendar year.
Sec. 10. [EFFECTIVE
DATE.]
(a) Section 1 is effective on the day following final
enactment.
(b) Sections 2, 3,
4, 5, 6, and 7 are effective on July 1, 2004.
(c) Section 8 is effective on the day following final
enactment and applies retroactively from January 1, 2004.
ARTICLE 8
DISABILITY
BENEFIT PROVISIONS
Section 1. Minnesota
Statutes 2002, section 352.113, subdivision 4, is amended to read:
Subd. 4. [MEDICAL OR
PSYCHOLOGICAL EXAMINATIONS; AUTHORIZATION FOR PAYMENT OF BENEFIT.] (a)
An applicant shall provide medical, chiropractic, or psychological
evidence to support an application for total and permanent disability.
(b) The director shall have the employee examined by at
least one additional licensed chiropractor, physician, or psychologist
designated by the medical adviser. The
chiropractors, physicians, or psychologists shall make written reports to the
director concerning the employee's disability including medical expert
opinions as to whether the employee is permanently and totally disabled within
the meaning of section 352.01, subdivision 17.
(c) The director shall also obtain written certification
from the employer stating whether the employment has ceased or whether the
employee is on sick leave of absence because of a disability that will prevent
further service to the employer and as a consequence the employee is not
entitled to compensation from the employer.
(d) The medical adviser shall consider the reports of
the physicians, psychologists, and chiropractors and any other evidence
supplied by the employee or other interested parties. If the medical adviser finds the employee totally and permanently
disabled, the adviser shall make appropriate recommendation to the director in
writing together with the date from which the employee has been totally
disabled. The director shall then
determine if the disability occurred within 180 days of filing the application,
while still in the employment of the state, and the propriety of authorizing
payment of a disability benefit as provided in this section.
(e) A terminated employee may apply for a disability
benefit within 180 days of termination as long as the disability occurred while
in the employment of the state. The
fact that an employee is placed on leave of absence without compensation because
of disability does not bar that employee from receiving a disability benefit.
(f) Unless the payment of a disability benefit
has terminated because the employee is no longer totally disabled, or because
the employee has reached normal retirement age as provided in this section, the
disability benefit shall must cease with the last payment
received by the disabled employee or which had accrued during the lifetime of
the employee unless there is a spouse surviving;. In that event, the surviving spouse
is entitled to the disability benefit for the calendar month in which the
disabled employee died.
Sec. 2. Minnesota
Statutes 2002, section 352.113, subdivision 6, is amended to read:
Subd. 6. [REGULAR
MEDICAL OR PSYCHOLOGICAL EXAMINATIONS.] At least once each year during the
first five years following the allowance of a disability benefit to any
employee, and at least once in every three-year period thereafter, the director
may require any disabled employee to undergo a medical, chiropractic, or
psychological examination. The examination
must be made at the place of residence of the employee, or at any place
mutually agreed upon, by a physician or physicians an expert or
experts designated by the medical adviser and engaged by the director. If any examination indicates to the medical adviser
that the employee is no longer permanently and totally disabled, or is engaged
in or can engage in a gainful occupation, payments of the disability benefit by
the fund must be discontinued. The
payments shall discontinue must be discontinued as soon as the
employee is reinstated to the payroll following sick leave, but in no case shall
may payment be made for more than 60 days after the medical adviser
finds that the employee is no longer permanently and totally disabled.
Sec. 3.
Minnesota Statutes 2002, section 352.113, is amended by adding a
subdivision to read:
Subd. 7a.
[TEMPORARY REEMPLOYMENT BENEFIT REDUCTION WAIVER.] A reduction in
benefits under subdivision 7, or a termination of benefits due to the disabled
employee resuming a gainful occupation from which earnings are equal to or more
than the employee's salary at the date of disability or the salary currently
paid for similar positions does not apply until six months after the individual
returns to a gainful occupation.
Sec. 4. Minnesota
Statutes 2002, section 352.113, subdivision 8, is amended to read:
Subd. 8. [REFUSAL OF
EXAMINATION.] If a disabled employee refuses to submit to a medical an
expert examination as required, payments by the fund must be discontinued
and the director shall revoke all rights of the employee in any disability
benefit.
Sec. 5. Minnesota
Statutes 2002, section 352.95, subdivision 1, is amended to read:
Subdivision 1.
[JOB-RELATED DISABILITY.] A covered correctional employee who becomes
disabled and who is expected to be physically or mentally unfit
to perform the duties of the position for at least one year as a direct
result of an injury, sickness, or other disability that incurred in or arising
arose out of any act of duty that makes the employee physically or
mentally unable to perform the duties, is entitled to a disability
benefit. The disability benefit may
be based on covered correctional service only. The benefit amount must equal is 50 percent of the
average salary defined in section 352.93, plus an additional percent equal to
that specified in section 356.315, subdivision 5, for each year of covered
correctional service in excess of 20 years, ten months, prorated for completed
months.
Sec. 6. Minnesota
Statutes 2002, section 352.95, subdivision 2, is amended to read:
Subd. 2.
[NON-JOB-RELATED DISABILITY.] Any A covered correctional
employee who, after rendering at least one year of covered correctional
service, becomes disabled and who is expected to be physically or
mentally unfit to perform the duties of the position for at least one year
because of sickness or injury occurring that occurred while not
engaged in covered employment, is entitled to a disability benefit based
on covered correctional service only.
The disability benefit must be computed as provided in section 352.93,
subdivisions 1 and 2, and must be computed as though the employee had at
least 15 years of covered correctional service.
Sec. 7. Minnesota
Statutes 2002, section 352.95, subdivision 4, is amended to read:
Subd. 4. [MEDICAL OR
PSYCHOLOGICAL EVIDENCE.] (a) An applicant shall provide medical,
chiropractic, or psychological evidence to support an application for
disability benefits. The director shall
have the employee examined by at least one additional licensed physician,
chiropractor, or psychologist who is designated by the medical
adviser. The physicians,
chiropractors, or psychologists with respect to a mental impairment, shall
make written reports to the director concerning the question of the
employee's disability, including medical their expert opinions as
to whether the employee is disabled within the meaning of this section. The director shall also obtain written
certification from the employer stating whether or not the employee is on
sick leave of absence because of a disability that will prevent further service
to the employer, and as a consequence, the employee is not entitled to
compensation from the employer.
(b) If, on considering the physicians' reports by
the physicians, chiropractors, or psychologists and any other evidence
supplied by the employee or others, the medical adviser finds the employee
disabled within the meaning of this section, the advisor shall make the
appropriate recommendation to the director, in writing, together with
the date from which the employee has been disabled. The director shall then determine the propriety of authorizing
payment of a disability benefit as provided in this section.
(c) Unless the payment of a
disability benefit has terminated because the employee is no longer disabled,
or because the employee has reached either age 65 or the five-year
anniversary of the effective date of the disability benefit, whichever is
later, the disability benefit shall must cease with the last
payment which was received by the disabled employee or which had accrued
during the employee's lifetime. While
disability benefits are paid, the director has the right, at reasonable
times, to require the disabled employee to submit proof of the
continuance of the disability claimed.
If any examination indicates to the medical adviser that the employee is
no longer disabled, the disability payment must be discontinued upon the
person's reinstatement to state service or within 60 days of the finding,
whichever is sooner.
Sec. 8. Minnesota
Statutes 2002, section 352B.10, subdivision 1, is amended to read:
Subdivision 1.
[INJURIES,; PAYMENT AMOUNTS.] Any A member
who becomes disabled and who is expected to be physically or mentally
unfit to perform duties for at least one year as a direct result of an
injury, sickness, or other disability that incurred in or arising
arose out of any act of duty, shall is entitled to receive
disability benefits while disabled. The
benefits must be paid in monthly installments. The benefit is an amount equal to the member's average
monthly salary multiplied by 60 percent, plus an additional percent equal to
that specified in section 356.315, subdivision 6, for each year and pro rata
for completed months of service in excess of 20 years, if any.
Sec. 9. Minnesota
Statutes 2002, section 352B.10, subdivision 2, is amended to read:
Subd. 2. [DISABLED
WHILE NOT ON DUTY.] If a member terminates employment after with
at least one year of service because of sickness or injury occurring while
not on duty and not engaged in state work entitling the member to membership,
and the member becomes disabled and is expected to be physically or
mentally unfit to perform the duties of the position for at least one year
because of sickness or injury occurring that occurred while not
engaged in covered employment, the member individual is entitled
to disability benefits. The benefit
must be in the same amount and computed in the same way as if the
member individual were 55 years old at the date of disability and
the annuity were paid was payable under section 352B.08. If a disability under this clause
subdivision occurs after one year of service but before 15 years of
service, the disability benefit must be computed as though the member individual
had credit for 15 years of service.
Sec. 10. Minnesota
Statutes 2002, section 352B.10, subdivision 3, is amended to read:
Subd. 3. [ANNUAL AND
SICK LEAVE; WORK AT LOWER PAY.] No member shall is entitled to
receive any a disability benefit payment when the member has
unused annual leave or sick leave, or under any other circumstances,
when, during the period of disability, there has been no
impairment of salary. Should If
the member or former member resume disabilitant resumes gainful work
employment, the disability benefit must be continued in an amount which,
when added to current earnings, does not exceed the salary rate received
of by the person at the date of disability as, which
must be adjusted over time by the same percentage increase in
United States average wages used by the Social Security Administration
in calculating average indexed monthly earnings for the old age, survivors,
and disability insurance programs for the same period.
Sec. 11. Minnesota
Statutes 2002, section 352B.10, subdivision 4, is amended to read:
Subd. 4. [PROOF OF
DISABILITY.] (a) No disability benefit payment shall benefits
may be made except upon paid unless adequate proof is
furnished to the executive director of the existence of the
disability. While disability
benefits are being paid
(b) Adequate proof of a disability must include a written
expert report by a licensed physician, by a licensed chiropractor, or with
respect to a mental impairment, by a licensed psychologist.
(c) Following the commencement of
benefit payments, the executive director has the right, at
reasonable times, to require the disabled former member disabilitant
to submit proof of the continuance of the disability claimed.
Sec. 12. Minnesota
Statutes 2002, section 352B.10, subdivision 5, is amended to read:
Subd. 5. [OPTIONAL
ANNUITY.] A disabled member disabilitant may, in lieu of
survivorship coverage under section 352B.11, subdivision 2, choose the normal
disability benefit or an optional annuity as provided in section 352B.08,
subdivision 3. The choice of an
optional annuity must be made in writing, on a form prescribed by the
executive director, and must be made before the commencement of the
payment of the disability benefit, or within 90 days of attaining before
reaching age 65 or before reaching the five-year anniversary of the
effective date of the disability benefit, whichever is later. It The optional annuity is
effective on the date on which the disability benefit begins to accrue, or the
month following the attainment of age 65 or following the
five-year anniversary of the effective date of the disability benefit,
whichever is later.
Sec. 13. Minnesota
Statutes 2002, section 352B.105, is amended to read:
352B.105 [TERMINATION OF DISABILITY BENEFITS.]
Disability benefits payable under section 352B.10 shall must
terminate at on the transfer date, which is the end of the
month in which the beneficiary disabilitant becomes 65
years old or the five-year anniversary of the effective date of the
disability benefit, whichever is later.
If the beneficiary disabilitant is still disabled when
on the beneficiary becomes 65 years old transfer date, the
beneficiary shall disabilitant must be deemed to be a retired
member and, if the beneficiary disabilitant had chosen an
optional annuity under section 352B.10, subdivision 5, shall must
receive an annuity in accordance with under the terms of the
optional annuity previously chosen. If
the beneficiary disabilitant had not chosen an optional annuity
under section 352B.10, subdivision 5, the beneficiary disabilitant
may then choose to receive either a normal retirement annuity computed
under section 352B.08, subdivision 2, or an optional annuity as provided in
section 352B.08, subdivision 3. An
optional annuity must be chosen within 90 days of attaining age 65 or
reaching the five-year anniversary of the effective date of the
disability benefit, whichever is later transfer date. If an optional annuity is chosen, the
optional annuity shall begin to accrue accrues on the first of
the month next following attainment of age 65 or the five-year
anniversary of the effective transfer date of the
disability benefit, whichever is later.
Sec. 14. Minnesota
Statutes 2002, section 352D.065, subdivision 2, is amended to read:
Subd. 2. [DISABILITY
BENEFIT AMOUNT.] A participant who becomes totally and permanently disabled has
the option, even if on leave of absence without pay, to receive:
(1) the value of the participant's total shares;
(2) the value of one-half of a portion of the
total shares and an annuity based on the value of one-half remainder
of the total shares; or
(3) an annuity based on the value of the participant's total
shares.
Sec. 15. Minnesota
Statutes 2002, section 353.33, subdivision 4, is amended to read:
Subd. 4. [PROCEDURE TO
DETERMINE ELIGIBILITY.] (a) The applicant shall provide an expert
report signed by a licensed physician, psychologist, or chiropractor and the
applicant must authorize the release of medical and health care
evidence, including all medical records and relevant information from any
source, to support the application for total and permanent disability benefits.
(b) The medical adviser shall verify the medical evidence and, if
necessary for disability determination, suggest the referral of the
applicant to specialized medical consultants.
(c) The association shall also obtain from the employer,
a certification of the member's past public service, the dates of
any paid sick leave and vacation beyond the last working day and whether
or not any sick leave or annual leave has been allowed.
(d) If, upon consideration of the medical
evidence received and the recommendations of the medical adviser, it is
determined by the executive director that the applicant is totally and permanently
disabled within the meaning of the law, the association shall grant the person
a disability benefit. The fact that
(e) An employee who is placed on leave of absence
without compensation because of a disability does is not bar
the person barred from receiving a disability benefit.
Sec. 16. Minnesota
Statutes 2002, section 353.33, subdivision 6, is amended to read:
Subd. 6. [CONTINUING
ELIGIBILITY FOR BENEFITS.] The association shall determine eligibility for
continuation of disability benefits and require periodic examinations and
evaluations of disabled members as frequently as deemed necessary. The association shall require the disabled
member to provide an expert report signed by a licensed physician,
psychologist, or chiropractor and the disabled member shall
authorize the release of medical and health care evidence,
including all medical and health care records and information from any
source, relating to an application for continuation of disability
benefits. Disability benefits are
contingent upon a disabled person's participation in a vocational
rehabilitation program evaluation if the executive director
determines that the disabled person may be able to return to a gainful
occupation. If a member is found to be
no longer totally and permanently disabled, payments must cease the first of
the month following the expiration of a 30-day period after the member receives
a certified letter notifying the member that payments will cease.
Sec. 17. Minnesota
Statutes 2002, section 353.33, subdivision 6b, is amended to read:
Subd. 6b. [DUTIES OF
THE MEDICAL ADVISER.] At the request of the executive director, the medical
adviser shall designate licensed physicians, psychologists, or chiropractors
to examine applicants for disability benefits and review the medical expert
reports based upon these examinations to determine whether an applicant is
totally and permanently disabled as defined in section 353.01, subdivision 19,
disabled as defined in section 353.656, or eligible for continuation of
disability benefits under subdivision 6.
The medical examiner shall also review, at the request of the executive
director, all medical and health care statements on behalf of an
applicant for disability benefits, and shall report in writing to the executive
director the conclusions and recommendations of the examiner on
those matters referred for advice.
Sec. 18. Minnesota
Statutes 2002, section 353.33, subdivision 7, is amended to read:
Subd. 7. [PARTIAL
REEMPLOYMENT.] If, following a work or non-work-related injury or illness, a
disabled person resumes a gainful occupation from which who remains
totally and permanently disabled as defined in section 353.01, subdivision 19,
has income from employment that is not substantial gainful activity and the
rate of earnings from that employment are less than the salary rate
at the date of disability or the salary rate currently paid for similar
positions similar to the employment position held by the disabled person
immediately before becoming disabled, whichever is greater, the board
executive director shall continue the disability benefit in an amount
that, when added to the earnings and any workers' compensation benefit,
does not exceed the salary rate at the date of disability or the salary
currently paid for similar positions similar to the employment
position held by the disabled person immediately before becoming disabled,
whichever is higher, provided. The disability benefit does
under this subdivision may not exceed the disability benefit originally
allowed, plus any postretirement adjustments payable after December 31, 1988,
in accordance with section 11A.18, subdivision 10. No deductions for the retirement fund may be taken from the
salary of a disabled person who is receiving a disability benefit as provided
in this subdivision.
Sec. 19. Minnesota
Statutes 2002, section 353.33, is amended by adding a subdivision to read:
Subd. 7a. [TRIAL
WORK PERIOD.] (a) If, following a work or non-work related injury or
illness, a disabled member attempts to return to work for their previous public
employer or attempts to return to a similar position with another public
employer, on a full-time or less than full-time basis, the Public Employees
Retirement Association shall continue paying the disability benefit for a
period not to exceed six months. The
disability benefit must continue in an amount that, when added to the
subsequent employment earnings and workers' compensation benefit, does not
exceed the salary at the date of disability or the salary currently paid for
similar positions, whichever is higher.
(b) No deductions for the retirement fund may be taken from
the salary of a disabled person who is attempting to return to work under this
provision unless the member waives further disability benefits.
(c) A member only may return to employment and continue
disability benefit payments once while receiving disability benefits from a
plan administered by the Public Employees Retirement Association.
Sec. 20. Minnesota
Statutes 2002, section 353.656, subdivision 5, is amended to read:
Subd. 5. [PROOF OF
DISABILITY.] (a) A disability benefit payment must not be made except
upon adequate proof furnished to the executive director of the
association of the existence of such a disability, and.
(b) During the time when disability benefits are being
paid, the executive director of the association has the right, at
reasonable times, to require the disabled member to submit proof of the
continuance of the disability claimed.
(c) Adequate proof of a disability must include a written
expert report by a licensed physician, by a licensed chiropractor, or with
respect to a mental impairment, by a licensed psychologist.
(d) A person applying for or receiving a disability
benefit shall provide or authorize release of medical evidence, including all
medical records and information from any source, relating to an application for
disability benefits or the continuation of those benefits.
Sec. 21. Minnesota
Statutes 2002, section 353.656, is amended by adding a subdivision to read:
Subd. 8.
[APPLICATION PROCEDURE TO DETERMINE ELIGIBILITY FOR POLICE AND FIRE PLAN
DISABILITY BENEFITS.] (a) An application for disability benefits must be
made in writing on a form or forms prescribed by the executive director.
(b) If an application for disability benefits is filed
within two years of the date of the injury or the onset of the illness that
gave rise to the disability application, the application must be supported by
evidence that the applicant is unable to perform the duties of the position
held by the applicant on the date of the injury or the onset of the illness
causing the disability. The employer
must provide evidence indicating whether the applicant is able or unable to
perform the duties of the position held on the date of the injury or onset of
illness causing the disability and the specifications of any duties that the
individual can or cannot perform.
(c) If an application for disability benefits is filed more
than two years after the date of the injury or the onset of an illness causing
the disability, the application must be supported by evidence that the
applicant is unable to perform the most recent duties that are expected to be
performed by the applicant during the 90 days before the filing of the
application. The employer must provide
evidence of the duties that are expected to be performed by the applicant
during the 90 days before to the filing of the application, whether the
applicant can or cannot perform those duties overall, and the specifications of
any duties that the applicant can or cannot perform.
(d) Unless otherwise permitted by law, no application for
disability benefits can be filed by a former member of the police and fire plan
more than three years after the former member has terminated from Public
Employees Retirement Association police and fire plan covered employment. If an application is filed within three
years after the termination of public employment, the former member must
provide evidence that the disability is the direct result of an injury or the
contracting of an illness that occurred while the person was still actively
employed and participating in the police and fire plan.
(e) Any application for duty-related disability must be
supported by a first report of injury as defined in section 176.231.
(f) If a member who has applied for and been approved for
disability benefits before the termination of service does not terminate
service or is not placed on an authorized leave of absence as certified by the
governmental subdivision within 45 days following the date on which the
application is approved, the application shall be canceled. If an approved application for disability
benefits has been canceled, a subsequent application for disability benefits
may not be filed on the basis of the same medical condition for a minimum of
one year from the date on which the previous application was canceled.
(g) An applicant may file a retirement application under
section 353.29, subdivision 4, at the same time as the disability application
is filed. If the disability application
is approved, the retirement application is canceled. If the disability application is denied, the retirement
application must be initiated and processed upon the request of the
applicant. A police and fire fund
member may not receive a disability benefit and a retirement annuity from the
police and fire fund at the same time.
(h) A repayment of a refund must be made within six months
after the effective date of disability benefits or within six months after the
date of the filing of the disability application, whichever is later. No purchase of prior service or payment made
in lieu of salary deductions otherwise authorized under section 353.01 or
353.36, subdivision 2, may be made after the occurrence of the disability for
which an application is filed under this section.
Sec. 22. Minnesota
Statutes 2002, section 353.656, is amended by adding a subdivision to read:
Subd. 9.
[REFUSAL OF EXAMINATION OR MEDICAL EVIDENCE.] If a person applying
for or receiving a disability benefit refuses to submit to a medical
examination under subdivision 11, or fails to provide or to authorize the
release of medical evidence under subdivisions 5 and 7, the association shall
cease the application process or shall discontinue the payment of a disability
benefit, whichever is applicable. Upon
the receipt of the requested medical evidence, the association shall resume the
application process or the payment of a disability benefit upon approval for
the continuation, whichever is applicable.
Sec. 23. Minnesota
Statutes 2002, section 353.656, is amended by adding a subdivision to read:
Subd. 10.
[ACCRUAL OF BENEFITS.] (a) A disability benefit begins to accrue the
day following the commencement of disability, 90 days preceding the filing of
an application, or, if annual or sick leave is paid for more than the 90-day
period, from the date on which the payment of salary ceased, whichever is
later.
(b) Payment of the disability benefit must not continue
beyond the end of the month in which entitlement has terminated. If the disabilitant dies prior to
negotiating the check for the month in which death occurs, payment must be made
to the surviving spouse or, if none, to the designated beneficiary or, if none,
to the estate.
Sec. 24. Minnesota
Statutes 2002, section 353.656, is amended by adding a subdivision to read:
Subd. 11.
[INDEPENDENT MEDICAL EXAMINATION; DUTIES OF THE MEDICAL ADVISOR.] Any
individual receiving disability benefits or any applicant, if requested by the
executive director, must submit to an independent medical
examination. The medical examination
must be paid for by the association.
The medical advisor shall review all medical reports submitted to the
association, including the findings of an independent medical examination
requested under this section, and shall advise the executive director.
Sec. 25. Minnesota
Statutes 2002, section 353.656, is amended by adding a subdivision to read:
Subd. 12.
[APPROVAL OF DISABILITY BENEFITS.] Review of disability benefit
applications and review of existing disability cases must be made by the
executive director based upon all relevant evidence, including advice from the
medical advisor and the evidence provided by the member and employer. A member whose application for disability
benefits or whose continuation of disability benefits is denied may appeal the
executive director's decision to the board of trustees within 45 days of the
receipt of a certified letter notifying the member of the decision to deny the
application or the benefit continuation.
Sec. 26. Minnesota
Statutes 2002, section 354.48, subdivision 2, is amended to read:
Subd. 2. [APPLICATIONS;
ACCRUAL.] (a) A person described in subdivision 1, or another person
authorized to act on behalf of the person, may make written application on
a form prescribed by the executive director for a total and permanent
disability benefit only within the 18-month period following the termination of
teaching service. This
(b) The benefit accrues from the day following the
commencement of the disability or the day following the last day for
which salary is paid, whichever is later, but does not begin to accrue more
than six months before the date on which the written application
is filed with the executive director.
If salary is being received for either annual or sick leave during the disability
period, payments accrue the disability benefit accrues from the
day following the last day for which this salary is paid.
Sec. 27. Minnesota
Statutes 2002, section 354.48, subdivision 4, is amended to read:
Subd. 4. [DETERMINATION
BY THE EXECUTIVE DIRECTOR.] (a) The executive director shall have the
member examined by at least two licensed physicians, licensed chiropractors,
or licensed psychologists selected by the medical adviser.
(b) These physicians, chiropractors, or psychologists
with respect to a mental impairment, shall make written reports to the
executive director concerning the member's disability, including medical
expert opinions as to whether or not the member is permanently and
totally disabled within the meaning of section 354.05, subdivision 14.
(c) The executive director shall also obtain written
certification from the last employer stating whether or not the member was
separated from service because of a disability which would reasonably prevent
further service to the employer and as a consequence the member is not entitled
to compensation from the employer.
(d) If, upon the consideration of the reports of
the physicians, chiropractors, or psychologists and any other evidence
presented by the member or by others interested therein, the executive
director finds that the member is totally and permanently
disabled, the executive director shall grant the member a disability
benefit. The fact that
(e) An employee who is placed on leave of absence
without compensation because of disability shall is not bar
the member barred from receiving a disability benefit.
Sec. 28. Minnesota
Statutes 2002, section 354.48, subdivision 6, is amended to read:
Subd. 6. [REGULAR
PHYSICAL EXAMINATIONS.] At least once each year during the first five years
following the allowance of a disability benefit to any member, and at least
once in every three-year period thereafter, the executive director shall
require the disability beneficiary to undergo physician or physicians, by
a chiropractor or chiropractors, or by one or more psychologists with respect
to a mental impairment, engaged by the executive director. If a medical an expert
examination by a any an examination
indicates that the member is no longer permanently and totally disabled or that
the member is engaged or is able to engage in a substantial gainful occupation,
payments of the disability benefit by the association shall must
be discontinued. The payments shall
discontinue must be discontinued as soon as the member is reinstated
to the payroll following sick leave, but payment may not be made for more than
60 days after the physicians, the chiropractors, or the psychologists
engaged by the executive director find that the person is no longer permanently
and totally disabled.
Sec. 29. Minnesota
Statutes 2002, section 354.48, subdivision 6a, is amended to read:
Subd. 6a. [MEDICAL
ADVISER; DUTIES.] The state commissioner of health or a licensed physician on
the staff of the department of health who is designated by the
commissioner shall be is the medical adviser of the executive
director. The medical adviser shall
designate licensed physicians, licensed chiropractors, or licensed
psychologists with respect to a mental impairment, who shall examine
applicants for disability benefits. The
medical adviser shall pass upon all medical expert reports based
on any examinations performed in order to determine whether a teacher is
totally and permanently disabled as defined in section 354.05, subdivision
14. The medical adviser shall also
investigate all health and medical statements and certificates by or on behalf
of a teacher in connection with a disability benefit, and shall report in
writing to the director setting forth any conclusions and recommendations on
all matters referred to the medical adviser.
Sec. 30. Minnesota
Statutes 2002, section 354.48, subdivision 10, is amended to read:
Subd. 10. [RETIREMENT
STATUS AT NORMAL RETIREMENT AGE.] (a) No person shall be is
entitled to receive both a disability benefit and a retirement annuity provided
by this chapter.
(b) The disability benefit paid to a person hereunder shall
must terminate at the end of the month in which the person attains the
normal retirement age. If the person is
still totally and permanently disabled at the beginning of the month next
following the month in which the person attains the normal retirement age, the
person shall must be deemed to be on retirement status and, if
the person had elected an optional annuity pursuant to under
subdivision 3a, shall must receive an annuity in accordance with
the terms of the optional annuity previously elected, or, if the person had not
elected an optional annuity pursuant to under subdivision 3a, may
elect to receive a straight life retirement annuity equal to the disability
benefit paid prior to before the date on which the person attains
the normal retirement age 65 or reaches the five-year anniversary
of the effective date of the disability benefit, whichever is later, or may
elect to receive an optional annuity as provided in section 354.45, subdivision
1.
(c) Election of an optional annuity must be made within
90 days of the normal retirement age 65 or the five-year
anniversary of the effective date of the disability benefit, whichever is
later.
(d) If an optional annuity is elected, the election shall
be is effective on the date on which the person attains the
normal retirement age 65 or reaches the five-year anniversary of the
effective date of the disability benefit, whichever is later. The optional annuity shall begin begins
to accrue on the first day of the month next following the month in which the
person attains the normal retirement age 65 or reaches the
five-year anniversary of the effective date of the disability benefit,
whichever is later.
Sec. 31. Minnesota
Statutes 2002, section 356.302, subdivision 3, is amended to read:
Subd. 3. [GENERAL
EMPLOYEE PLAN ELIGIBILITY REQUIREMENTS.] A disabled member of a covered
retirement plan who has credit for allowable service in a combination of
general employee retirement plans is entitled to a combined service disability
benefit if the member:
(1) is less than 65 years of the normal retirement
age on the date of the application for the disability benefit;
(2) has become totally and permanently disabled;
(3) has credit for allowable service in any combination of
general employee retirement plans totaling at least three years;
(4) has credit for at least one-half year of allowable service
with the current general employee retirement plan before the commencement of
the disability;
(5) has at least three continuous years of allowable service
credit by the general employee retirement plan or has at least a total of three
years of allowable service credit by a combination of general employee
retirement plans in a 72-month period during which no interruption of allowable
service credit from a termination of employment exceeded 29 days; and
(6) was not receiving a retirement annuity or disability
benefit from any covered general employee retirement plan at the time of the
commencement of the disability.
Sec. 32. Minnesota
Statutes 2002, section 422A.18, subdivision 1, is amended to read:
Subdivision 1. [MEDICAL
EXPERT EXAMINATION.] (a) Upon the application of the head of the
department in which a contributing employee is employed, or upon the
application of the contributing employee or of one acting in the employee's
behalf, the retirement board shall place the contributor on disability,
provided and pay the person a disability allowance under this section if
the medical board, after a medical an expert examination of the
contributor made at the place of residence of the contributor or at a place
mutually agreed upon, shall certify to the retirement board that the
contributor is physically or mentally incapacitated for the performance of
further service to the city and recommend that the contributor be placed on
disability.
(b) The medical board shall consist of the city
physician, a physician, chiropractor, or licensed psychologist to be
selected by the retirement board, and a physician, chiropractor, or licensed
psychologist to be selected by the employee.
(c) Disability of an employee resulting from injury or
illness received in the performance of the duties of the city service shall be
defined as duty disability.
(d) Disability incurred as a result of injury or illness
not connected with the performance of such service shall be defined as nonduty
disability. In order to be entitled to
a retirement allowance for a nonduty disability, an employee shall have
rendered five or more years of service to the city.
Sec. 33. Minnesota
Statutes 2002, section 422A.18, subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL
MEDICAL EXAMINATIONS.] (a) Once each year, the retirement board
may require any disability beneficiary while still under the established age
for retirement to undergo medical an expert examination by a
physician or one or more physicians, one or more chiropractors,
or one or more licensed psychologists designated by the retirement board,. The examination to must be
made at the place of residence of the beneficiary or other place mutually
agreed upon. Should
(b) If the medical board report and certify certifies
to the retirement board that such the disability beneficiary is
no longer physically or mentally incapacitated for the performance of duty, the
beneficiary's allowance shall must be discontinued and the head
of the department in which the beneficiary was employed at the time of
retirement shall, upon notification by the retirement board of the report of
the medical board, reemploy the beneficiary at a rate of salary not less than
the amount of the disability allowance, but.
(c) After the expiration of five years subsequent to the retirement
of such the beneficiary, the restoration to duty,
notwithstanding the recommendation of the medical board, shall be is
optional with the head of the department.
Should If any disability beneficiary, while under
the established age for retirement refuse, refuses to submit to
at least one medical expert examination in any year by a
physician or one or more physicians, one or more chiropractors,
or one or more licensed psychologists designated by the medical board, the
allowance shall must be discontinued until the withdrawal of such
refusal, and should such refusal continue for one year, all the beneficiary's
rights in and to any retirement or disability allowance shall be are
forfeited.
Sec. 34. Minnesota
Statutes 2002, section 423B.09, subdivision 4, is amended to read:
Subd. 4. [CERTIFICATE
OF PHYSICIANS REQUIRED.] (a) No member is entitled to a pension under
subdivision 1, paragraph (b) or (c), except upon the certificate of two or more
physicians or, surgeons, chiropractors, licensed
psychologists, or a combination of experts chosen by the governing
board. This certificate must set forth
the cause, nature, and extent of the disability, disease, or injury of the
member.
(b) No active member may be awarded, granted, or paid a
disability pension under subdivision 1, paragraph (c), unless the certificate
states that the disability, disease, or injury was incurred or sustained by the
member while in the service of the police department of the city. The certificate must be filed with the
secretary of the association.
Sec. 35. Minnesota
Statutes 2002, section 423C.05, subdivision 4, is amended to read:
Subd. 4. [TEMPORARY
DISABILITY PENSION.] (a) An active member who, by sickness or accident,
becomes temporarily disabled from performing firefighter duties for the fire
department shall be is entitled to a temporary disability
pension.
(b) No allowance for disability shall may
be made unless notice of the disability and an application for benefits is made
by or on behalf of the disabled member within 90 days after the beginning of
the disability. This application shall
must include a certificate from a qualified medical professional expert
setting forth the cause, nature, and extent of the disability. This certificate must also conclude that the
disability was incurred or sustained while the member was in the service of the
fire department.
(c) The board shall utilize the board of examiners
established pursuant to under section 423C.03, subdivision 6, to
investigate and report on an application for benefits pursuant to under
this section and to make recommendations as to eligibility and the
benefit amount to be paid.
(d) A member entitled to a disability pension shall
must receive benefits in the amount and manner determined by the board.
Sec. 36. Minnesota
Statutes 2002, section 423C.05, subdivision 5, is amended to read:
Subd. 5.
[SERVICE-RELATED PERMANENT DISABILITY PENSION.] An active member who
becomes permanently disabled as the result of a service-related disease or
injury shall is, upon application and approval of the board, be
entitled to a pension of 41 units or in the amount determined under subdivision
8. The application for service-related
permanent disability shall must include a certificate from a
qualified medical professional expert setting forth the permanent
nature of the disability or disease and that it was service related.
Sec. 37. Minnesota
Statutes 2002, section 423C.05, subdivision 6, is amended to read:
Subd. 6.
[NON-SERVICE-RELATED PERMANENT DISABILITY PENSION.] An active member
who, by reason of sickness or accident, becomes permanently disabled and
unable to perform firefighter duties for the fire department due to
non-service-related disease or injury allowance
for disability shall be is entitled to a
permanent disability pension. No shall may be made unless notice of the disability
and an application for benefits is made by or on behalf of the disabled member
within 90 days after the beginning of the disability. This application shall must include a certificate
from a qualified medical professional setting forth the cause, nature, and
extent of the disability. A member who
is entitled to a disability pension under this subdivision shall must
receive benefits in the amount and manner determined by the board, not to
exceed 41 units.
Sec. 38. Minnesota
Statutes 2002, section 423C.05, is amended by adding a subdivision to read:
Subd. 6a.
[QUALIFIED EXPERT.] A qualified expert includes a licensed physician
or chiropractor, or in the case of mental impairment, includes a licensed
psychologist.
Sec. 39. [REPEALER.]
(a) Minnesota Statutes 2002, sections 353.33, subdivision
5b; and 490.11, are repealed on July 1, 2004.
(b) Sections 3 and 19 are repealed on July 1, 2006.
Sec. 40. [EFFECTIVE
DATE.]
Sections 1 to 39 are effective on July 1, 2004.
ARTICLE
9
DEATH
AND SURVIVOR BENEFITS AND REFUNDS
Section 1. Minnesota
Statutes 2002, section 3A.03, subdivision 2, is amended to read:
Subd. 2. [REFUND.] (a) Any
A former member who has made contributions under subdivision 1 and who
is no longer a member of the legislature is entitled to receive, upon written
application to the executive director on a form prescribed by the
executive director, a refund of all contributions credited to the member's
account with interest at an annual rate of six percent compounded annually
computed as provided in section 352.22, subdivision 2.
(b) The refund of contributions as provided in paragraph (a)
terminates all rights of a former member of the legislature or and
the survivors of the former member under this chapter.
(c) If the former member of the legislature again becomes
a member of the legislature after having taken a refund as provided in
paragraph (a), the member must be considered a new member of this plan. However, a new the member may
reinstate the rights and credit for service previously forfeited if the new
member repays all refunds taken plus interest at an annual rate of 8.5 percent
compounded annually from the date on which the refund was taken to the date
on which the refund is repaid.
(c) (d) No person may be required to apply for or
to accept a refund.
Sec. 2. Minnesota
Statutes 2002, section 352.12, subdivision 1, is amended to read:
Subdivision 1. [DEATH
BEFORE TERMINATION OF SERVICE.] If an employee dies before state service has
terminated and neither a survivor annuity nor a reversionary annuity is payable
on behalf of the employee, or if a former employee who has sufficient
service credit to be entitled to an annuity dies before the surviving
parents in equal shares or, if none, to the representative of the estate benefit annuity
has become payable, the director shall make a refund with interest is
payable upon filing a written application on a form prescribed by the executive
director. The refund is payable to
the last designated beneficiary or, if there is none, to the surviving spouse
or, if none, to the employee's surviving children in equal shares or, if none,
to the employee's in
an amount equal to the accumulated employee contributions plus interest at the
rate of six percent per annum compounded annually. Interest must be computed as provided in
section 352.22, subdivision 2, to the first day of the month in which the
refund is processed. Upon the death
of an employee who has received a refund that was later repaid in full,
interest must be paid on the repaid refund only from the date of the
repayment. If the repayment was made in
installments, interest must be paid only from the date on which the
installment payments began. The
designated beneficiary, the surviving spouse, or the
representative of the estate of an employee who had received a disability
benefit is not entitled to the payment of interest upon any balance
remaining to the decedent's credit in the fund at the time of death, unless the
death occurred before any payment could be negotiated.
Sec. 3. Minnesota
Statutes 2002, section 352.12, subdivision 6, is amended to read:
Subd. 6. [DEATH AFTER
SERVICE TERMINATION.] Except as provided in subdivision 1, if a former employee
covered by the system dies and who has not received an annuity, a
retirement allowance, or a disability benefit dies, a refund must be
made is payable to the last designated beneficiary or, if there is
none, to the surviving spouse or, if none, to the employee's surviving children
in equal shares or, if none, to the employee's surviving parents in equal
shares or, if none, to the representative of the estate in an amount equal to
accumulated employee contributions plus interest. The refund must include interest at the
rate of six percent per year compounded annually. The interest on the refund must be computed as provided in
section 352.22, subdivision 2.
Sec. 4. Minnesota
Statutes 2002, section 352.22, subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF
REFUND.] Except as provided in subdivision 3, the refund payable to a person
who ceased to be a state employee by reason of a termination of state
service is in an amount equal to employee accumulated contributions plus
interest at the rate of six percent per year compounded annually daily
from the date that the contribution was made until the date on which the refund
is paid. Included with the refund
is any interest paid as part of repayment of a past refund, plus interest
thereon from the date of repayment. Interest
must be computed to the first day of the month in which the refund is processed
and must be based on fiscal year or monthly balances, whichever applies.
Sec. 5. Minnesota
Statutes 2002, section 352.22, subdivision 3, is amended to read:
Subd. 3. [DEFERRED
ANNUITY.] (a) An employee who has at least three years of allowable service
when termination occurs may elect to leave the accumulated contributions in the
fund and thereby be entitled to a deferred retirement annuity. The annuity must be computed under the law
in effect when state service terminated, on the basis of the allowable
service credited to the person before the termination of service.
(b) An employee on layoff or on leave of absence without pay,
except a leave of absence for health reasons, and who does not return to
state service shall must have an annuity, deferred annuity, or
other benefit to which the employee may become entitled computed under the law
in effect on the employee's last working day.
(c) No application for a deferred annuity may be made more than
60 days before the time the former employee reaches the required age for
entitlement to the payment of the annuity.
The deferred annuity begins to accrue no earlier than 60 days before the
date the application is filed in the office of the system, but not (1) before
the date on which the employee reaches the required age for entitlement
to the annuity nor (2) before the day following the termination of state
service in a position which is not covered by the retirement system.
(d) Application for the accumulated contributions left on deposit
with the fund may be made at any time after 30 days following the date
of the termination of service.
Sec. 6.
Minnesota Statutes 2002, section 352B.10, subdivision 5, is amended to
read:
Subd. 5. [OPTIONAL
ANNUITY.] A disabled member disabilitant may elect, in
lieu of spousal survivorship coverage under section 352B.11, subdivision
2 subdivisions 2b and 2c, choose the normal disability
benefit or an optional annuity as provided in section 352B.08, subdivision
3. The choice of an optional annuity
must be made before the commencement of the payment of the
disability benefit, or within 90 days of attaining before reaching
age 65 or reaching the five-year anniversary of the effective date of the
disability benefit, whichever is later.
It The optional annuity is effective on the date on which
the disability benefit begins to accrue, or the month following attainment of
age 65 or the five-year anniversary of the effective date of the disability
benefit, whichever is later.
Sec. 7. Minnesota Statutes
2002, section 352B.11, subdivision 1, is amended to read:
Subdivision 1. [REFUND
OF PAYMENTS.] (a) A member who has not received other benefits under
this chapter is entitled to a refund of payments made by salary deduction, plus
interest, if the member is separated, either voluntarily or involuntarily, from
the state service that entitled the member to membership.
(b) In the event of the member's death, if there are no
survivor benefits payable under this chapter, a refund plus interest is
payable to the last designated beneficiary on a form filed with the director
before death, or if no designation is filed, the refund is payable to
the member's estate. Interest under
this subdivision must be computed at the rate of six percent a year,
compounded annually calculated as provided in section 352.22,
subdivision 2. To receive a refund,
the application must be made on a form prescribed by the executive
director.
Sec. 8. Minnesota
Statutes 2002, section 352B.11, subdivision 2, is amended to read:
Subd. 2. [DEATH;
PAYMENT TO SPOUSE AND DEPENDENT CHILDREN; FAMILY MAXIMUMS.]
If a member serving actively as a member, or a member or former member
receiving the disability benefit before attaining age 65 or reaching the
five-year anniversary of the effective date of the disability benefit,
whichever is later, provided by section 352B.10, subdivisions 1 and 2, dies
from any cause before attaining age 65 or reaching the five-year anniversary of
the effective date of the disability benefit, whichever is later, the surviving
spouse and dependent children are entitled to benefit payments as follows:
(a) A member with at least three years of allowable service
is deemed to have elected a 100 percent joint and survivor annuity payable to a
surviving spouse only on or after the date the member or former member became
or would have become 55.
(b) The surviving spouse of a member who had credit for less
than three years of service shall receive, for life, a monthly annuity equal to
50 percent of that part of the average monthly salary of the member from which
deductions were made for retirement.
(c) The surviving spouse of a member who had credit for at
least three years service and who died after becoming 55 years old, may elect
to receive a 100 percent joint and survivor annuity, for life, notwithstanding
a subsequent remarriage, in lieu of the annuity prescribed in paragraph (b).
(d) The surviving spouse of any member who had credit for
three years or more and who was not 55 years old at death, shall receive the
benefit equal to 50 percent of the average monthly salary as described in
clause (b) until the deceased member would have become 55 years old, and
beginning the first of the month following that date, may elect to receive the
100 percent joint and survivor annuity.
monthly
benefit provided in this section(e) Each dependent child, as defined in section
352B.01, subdivision 10, shall is entitled to receive a
monthly annuity equal to ten percent of that part of the average monthly
salary of the former deceased member from which deductions
were made for retirement. A
dependent child over 18 and under 23 years of age also may receive the , if the child is continuously attending
an accredited school as a full-time student during the normal school year as
determined by the director. If the
child does not continuously attend school, but separates from full-time
attendance during any part of a school year, the annuity shall must
cease at the end of the month of separation.
In addition, a payment of $20 per month shall must be
prorated equally to the surviving dependent children when the former
member is survived by more than one or more dependent children
child. Payments for the benefit
of any qualified dependent child must be made to the surviving spouse,
or if there is none, to the legal guardian of the child. The maximum monthly benefit for any
one family, including a surviving spouse benefit, if applicable, must
not be less than 50 percent nor exceed 70 percent of the average monthly
salary for any number of children of the deceased member.
(f) If the member dies under circumstances that entitle the
surviving spouse and dependent children to receive benefits under the workers'
compensation law, the workers' compensation benefits received by them must not
be deducted from the benefits payable under this section.
(g) The surviving spouse of a deceased former member who had
credit for three or more years of allowable service, but not the spouse of a
former member receiving a disability benefit under section 352B.10, subdivision
2, is entitled to receive the 100 percent joint and survivor annuity at the
time the deceased member would have become 55 years old. If a former member dies who does not qualify
for other benefits under this chapter, the surviving spouse or, if none, the
children or heirs are entitled to a refund of the accumulated deductions left
in the fund plus interest at the rate of six percent per year compounded
annually.
Sec. 9. Minnesota
Statutes 2002, section 352B.11, is amended by adding a subdivision to read:
Subd. 2b.
[SURVIVING SPOUSE BENEFIT ELIGIBILITY.] (a) If an active member with
three or more years of allowable service dies before attaining age 55, the
surviving spouse is entitled to the benefit specified in subdivision 2c,
paragraph (b).
(b) If an active member with less than three years of
allowable service dies at any age, the surviving spouse is entitled to receive
the benefit specified in subdivision 2c, paragraph (c).
(c) If an active member with three or more years of
allowable service dies on or after attaining exact age 55, the surviving spouse
is entitled to receive the benefits specified in subdivision 2c, paragraph (d).
(d) If a disabilitant dies while receiving a disability
benefit under section 352B.10 or before the benefit under that section
commenced, and an optional annuity was not elected under section 352B.10,
subdivision 5, the surviving spouse is entitled to receive the benefit
specified in subdivision 2c, paragraph (b).
(e) If a former member with three or more years of allowable
service, who terminated from service and has not received a refund or commenced
receipt of any other benefit provided by this chapter, dies, the surviving
spouse is entitled to receive the benefit specified in subdivision 2c,
paragraph (e).
(f) If a former member with less than three years of
allowable service, who terminated from service and has not received a refund or
commenced receipt of any other benefit, if applicable, provided by this
chapter, dies, the surviving spouse is entitled to receive the refund specified
in subdivision 2c, paragraph (f).
Sec. 10. Minnesota
Statutes 2002, section 352B.11, is amended by adding a subdivision to read:
Subd. 2c.
[SURVIVING SPOUSE BENEFIT ENTITLEMENTS.] (a) A surviving spouse
specified in subdivision 2b is eligible to receive, following the filing of a
valid application and consistent with any other applicable requirements, a
benefit as specified in this subdivision.
A 100 percent joint and survivor annuity under paragraph (b) must be computed
assuming the exact age 55 for the deceased member and the age of the surviving
spouse on the date of death. A 100
percent joint and survivor annuity under paragraph (d) or (e) must be computed
using the age of the deceased member on the date of death and the age of the
surviving spouse on that same date.
(b) For a surviving spouse specified in subdivision 2b,
paragraph (a) or (d), the surviving spouse benefit is a benefit for life equal
to 50 percent of the average monthly salary of the deceased member. On the first of the month next following the
date on which the deceased member would have attained exact age 55, in lieu of
continued receipt of the prior benefit, the surviving spouse is eligible to
commence receipt of the second half of a 100 percent joint and survivor
annuity, if this provides a larger benefit.
(c) For a surviving spouse specified in subdivision 2b,
paragraph (b), the surviving spouse benefit is a benefit for life equal to 50
percent of the average monthly salary of the deceased member.
(d) For a surviving spouse specified in subdivision 2b,
paragraph (c), the surviving spouse benefit is a benefit for life equal to 50
percent of the average monthly salary of the deceased member, or the second
half of a 100 percent joint and survivor annuity, whichever is larger.
(e) For a surviving spouse specified in subdivision 2b,
paragraph (e), the surviving spouse benefit is the second half of a 100 percent
joint and survivor annuity, commencing on the first of the month next following
the deceased member's date of death, or the first of the month next following
the date on which the deceased member would have attained age 55, whichever is
later.
(f) For a surviving spouse specified in subdivision 2b,
paragraph (f), the surviving spouse or, if none, the children or, if none, the
deceased member's estate, is entitled to a refund of the employee contributions
plus interest computed as specified in subdivision 1.
Sec. 11. Minnesota
Statutes 2002, section 352B.11, is amended by adding a subdivision to read:
Subd. 2d.
[COORDINATION WITH WORKERS' COMPENSATION BENEFITS.] If the deceased
member died under circumstances that entitle the surviving spouse and the
dependent child or children to receive benefits under workers' compensation
law, the workers' compensation benefits received by the deceased member's
survivor or survivors must not be deducted from the benefits payable under this
section.
Sec. 12. Minnesota
Statutes 2002, section 352D.075, subdivision 2, is amended to read:
Subd. 2. [SURVIVING
SPOUSE BENEFIT.] (a) Notwithstanding any designation of a beneficiary to the
contrary, if a participant or a former participant dies leaving a
spouse and there is no named beneficiary who survives to receive payment or the
spouse is named beneficiary before an annuity or a disability benefit
becomes payable, the surviving spouse may is entitled to
receive:
(1) a lump sum payment of the value of the participant's
total shares;
(2) The a lump sum payment of a portion of the
value of one-half of the total shares and beginning at age 55 or
thereafter, at any time after the participant's death, receive
an annuity based on the remaining value of one-half of the total
shares, provided that. If
the spouse dies before receiving any annuity payments, the remaining
value of said the shares shall be paid is payable
to the spouse's children in equal shares, but and if no such
children survive, then to the parents of the spouse in equal shares, but
and if no such children or parents survive, then to the estate of
the spouse; or
(3) to the parents of the spouse in
equal shares, Beginning at age 55 or thereafter at any time
after the participant's death, receive an annuity based on the value
of the total shares, provided that. If the spouse dies before receiving any annuity payments,
the value of said the shares shall be paid is payable
to the spouse's children in equal shares, but and if no such
children survive, then but and if no such children or parents survive,
then to the estate of the spouse; and further provided, if said the
spouse dies after receiving annuity payments but before receiving payments
equal to the value of the employee shares, the value of the employee shares
remaining shall be paid is payable to the spouse's children in
equal shares, but and if no such children survive,
then to the parents of the spouse in equal shares, but and if no such
children or parents survive, then to the estate of the spouse.
(b) A participant or a former participant and the person's
spouse may make a joint specification, in writing, on a form prescribed by the
executive director, that the benefits provided in this section must be paid
only to the designated beneficiary.
Sec. 13. Minnesota
Statutes 2002, section 352D.075, is amended by adding a subdivision to read:
Subd. 2a.
[SURVIVING SPOUSE COVERAGE TERM CERTAIN.] In lieu of the annuity
under subdivision 2, clause (2) or (3), or in lieu of a distribution under
subdivision 2, clause (1), the surviving spouse of a deceased participant may
elect to receive survivor coverage in the form of a term certain annuity of
five, six, 15, or 20 years, based on the value of the remaining shares. The monthly term certain annuity must be
calculated under section 352D.06, subdivision 1.
Sec. 14. Minnesota
Statutes 2002, section 352D.075, subdivision 3, is amended to read:
Subd. 3. [REFUND TO
BENEFICIARY.] If a participant dies and has named a beneficiary no
surviving spouse, the value of the total shares shall be paid is
payable to such a designated beneficiary, but if such the
beneficiary dies before receiving payment, or if no beneficiary has been named and
there is no spouse, the value of said the shares shall be
paid is payable to the children of the participant in equal shares, but
or if no such children survive, then in equal shares to
the parents of the participant, but or if no such children or
parents survive, then to the estate of the participant.
Sec. 15. [352F.052]
[APPLICATION OF SURVIVING SPOUSE, DEPENDENT CHILD PROVISION.]
Notwithstanding any provisions of law to the contrary,
subdivisions within section 352.12 of the edition of Minnesota Statutes
published in the year before the year in which a privatization occurred,
applicable to the surviving spouse or dependent children of a former member,
apply to the survivors of a terminated hospital employee of Fairview,
University of Minnesota Physicians, or University Affiliated Family Physicians.
Sec. 16. [353F.052]
[APPLICATION OF SURVIVING SPOUSE, DEPENDENT CHILD PROVISION.]
Notwithstanding any provisions of law to the contrary,
subdivisions within section 353.32 of the edition of Minnesota Statutes
published in the year before the year in which a privatization occurred,
applicable to the surviving spouse or dependent children of a former member as
defined in section 353.01, subdivision 7a, apply to the survivors of a
terminated medical facility or other public employing unit employee.
Sec. 17. Minnesota
Statutes 2002, section 354.05, subdivision 22, is amended to read:
Subd. 22. [DESIGNATED
BENEFICIARY.] "Designated beneficiary" means the person, trust, or
organization designated by a retiree or member to receive the benefits to which
a beneficiary is entitled under this chapter.
A beneficiary designation is valid only if it is made on an appropriate
form provided by the executive director that is signed by the member and two
witnesses to the member's signature.
The properly completed form must be received by the association on or
before the date of death of the retiree or member. If a retiree or a member does not designate a person, trust, or
organization, or if the person who was designated predeceases the
retiree or the member, or if the trust or organization ceases to exist
before the death of the retiree or the member, the designated beneficiary means
is the estate of the deceased retiree or member.
Sec. 18. Minnesota
Statutes 2002, section 354.46, subdivision 2, is amended to read:
Subd. 2. [DEATH
WHILE ELIGIBLE DESIGNATED BENEFICIARY BENEFIT SURVIVING SPOUSE SURVIVOR
COVERAGE.] (a) The surviving spouse of any member or former member who
has If the active or deferred member was at least age 55 and had
credit for at least three years of allowable service on the date of death, the
surviving spouse is entitled to the second portion of a 100 percent
joint and survivor annuity coverage in the event of death of the member
prior to retirement. If the surviving
spouse does not elect to receive a surviving spouse benefit under subdivision
1, if applicable, or does not elect to receive a refund of accumulated member
contributions under section 354.47, subdivision 1, the surviving spouse is
entitled to receive, upon written application on a form prescribed by the
executive director, a benefit equal to the second portion of a 100 percent
joint and survivor annuity specified under section 354.45, based on the age
of the active or deferred member and surviving spouse at the time
of death of the member, and computed under section 354.44, subdivision
2 or 6, whichever is applicable the age of the surviving spouse at the
time the benefit accrues.
(b) If the active or deferred member was under age 55
and has had credit for at least 30 years of allowable service on
the date of death, the surviving spouse may elect to receive the second
portion of a 100 percent joint and survivor annuity based on the age of the
active or deferred member and surviving spouse on the date of
death and the age of the surviving spouse at the time the benefit accrues.
If section 354.44, subdivision 6,
applies, the annuity is payable using the full early retirement reduction
under section 354.44, subdivision 6, paragraph clause (3)(ii), to
age 55 and one-half of the early retirement reduction from age 55 to the age
payment begins.
(c) If the active or deferred member was under age 55
and has had credit for at least three years of allowable service
on the date of death, but did not yet qualify for retirement, the
surviving spouse may elect to receive the second portion of a 100
percent joint and survivor annuity based on the age of the active or
deferred member and the surviving spouse at the time of death and
the age of the surviving spouse at the time the benefit accrues. If section 354.44, subdivision 6,
applies, the annuity is calculated using the full early retirement
reduction under section 354.44, subdivision 6, to age 55 and one-half of the
early retirement reduction from age 55 to the age the annuity begins. The surviving spouse eligible for a
surviving spouse benefit under paragraph (a) may apply for the annuity at any
time after the date on which the deceased employee would have attained the
required age for retirement based on the employee's allowable service.
(d) The surviving spouse eligible for surviving spouse
benefits under paragraph (b) or (c) this subdivision may apply
for the annuity any time after the member's death. This The benefit accrues from the day following
the date of the member's death but may not begin to accrue more than six
months before the date the application is filed with the executive director and
may not accrue before the member's death.
Sections 354.55, subdivision 11, and 354.60 apply to a deferred
annuity payable under this section.
The benefit is payable for life.
Any benefit under this subdivision is in lieu of benefits under
subdivision 1, if applicable, and in lieu of a refund of accumulated member
contributions under section 354.47, subdivision 1.
(e) For purposes of this subdivision, a designated
beneficiary must be a former spouse or a biological or adopted child of the
member.
Sec. 19. Minnesota
Statutes 2002, section 354.46, subdivision 2b, is amended to read:
Subd. 2b. [DEPENDENT
CHILD SURVIVOR COVERAGE.] If there is no surviving spouse eligible for benefits
under subdivision 2, using the age of the member and
age of the dependent child a each dependent child or children as
defined in section 354.05, subdivision 8a, is eligible for monthly payments
surviving child benefits. Payments
Surviving child benefits to a dependent child must be paid from the date
of the member's death to the date the dependent child attains age 20 if the
child is under age 15 on the date of the member's death. If the child is 15 years or older on the
date of the member's death, payment must be made the surviving
child benefit is payable for five years.
The payment to a dependent surviving child benefit
is an amount that is actuarially equivalent to the value of a 100
percent optional annuity under subdivision 2 calculated at as of the date of death in lieu of
the age of the member and the spouse.
If there is more than one dependent child, each dependent child shall
is entitled to receive a proportionate share of the actuarial value of
the member's account.
Sec. 20. Minnesota Statutes
2002, section 354.46, subdivision 5, is amended to read:
Subd. 5. [PAYMENT TO
DESIGNATED BENEFICIARY.] A member and who is single or, if the member
is married, a member and the spouse of the member jointly, may make
a joint specification in writing on a form prescribed by the executive
director that the benefits provided in subdivision 2, or in section 354.47,
subdivision 1, must be paid only to a designated beneficiary or to
designated beneficiaries. For
purposes of subdivision 2, a designated beneficiary may only be either a former
spouse or a biological or an adopted child of the member.
Sec. 21. Minnesota
Statutes 2002, section 354.46, is amended by adding a subdivision to read:
Subd. 6.
[APPLICATION.] (a) A beneficiary designation and an application for
benefits under this section must be in writing on a form prescribed by the
executive director.
(b) Sections 354.55, subdivision 11, and 354.60 apply to a
deferred annuity payable under this section.
(c) Unless otherwise specified, the annuity must be computed
under section 354.44, subdivision 2 or 6, whichever is applicable.
Sec. 22. Minnesota
Statutes 2002, section 356.441, is amended to read:
356.441 [REPAYMENT OF REFUNDS PAYMENT ACCEPTANCE
ALLOWED.]
Subdivision 1. [PAYMENT
AUTHORIZATION.] The repayment of a refund and interest on that refund or
the payment of equivalent contributions and interest for an eligible leave of
absence, as permitted under laws governing any public pension plan in
Minnesota, may be made:
(1) with funds distributed or transferred from a
plan qualified under the federal Internal Revenue Code of 1986, section 401,
subsection (a) or (k); 403; 408; or 457, subsection (b), as amended through
December 31, 1988, or an annuity qualified under the federal Internal Revenue
Code of 1986, section 403(a). Repayment
may also be made from time to time; or
(2) with funds distributed from an individual retirement
account used solely to receive a or individual retirement annuity, if
done solely in a manner that is eligible for treatment as a nontaxable
rollover from that type of a plan or annuity or transfer under the
applicable federal law. The
repaid refund
Subd. 2.
[SEPARATE ACCOUNTING REQUIREMENT.] Nontaxable rollovers or transfer
amounts under subdivision 1 received by a public pension fund must be
separately accounted for as member contributions not previously taxed. Before accepting any rollovers or
transfers to which this section applies, the executive director must shall
require the member to provide written documentation to demonstrate that the
amounts to be rolled over or transferred are eligible for a tax-free
rollover or transfer and qualify for that treatment under the federal
Internal Revenue Code of 1986, as amended.
Sec. 23. Minnesota
Statutes 2002, section 490.124, subdivision 12, is amended to read:
Subd. 12. [REFUND.] (a)
Any A person who ceases to be a judge but who does not qualify
for a retirement annuity or other benefit under section 490.121 shall be
is entitled to a refund in an amount equal to all the person's member's
employee contributions to the judges' retirement fund plus interest
computed to the first day of the month in which the refund is processed
based on fiscal year balances at an annual rate of five percent compounded
annually under section 352.22, subdivision 2.
(b) A refund of contributions under
paragraph (a) terminates all service credits and all rights and benefits of the
judge and the judge's survivors. A
person who becomes a judge again after taking a refund under paragraph (a) may
reinstate the previously terminated service credits, rights, and
benefits by repaying all refunds the total amount of the previously
received refund. A The
refund repayment must include interest on the total amount previously
received at an annual rate of 8.5 percent compounded annually from the
date on which the refund was received until the date on which the refund is
repaid.
Sec. 24. [TEACHERS
RETIREMENT ASSOCIATION; BENEFICIARY DESIGNATION.]
(a) An eligible person described in paragraph (b) is
entitled to make a specification that the benefits provided in Minnesota
Statutes, section 354.46, subdivision 2, or in Minnesota Statutes, section
354.47, subdivision 1, may be paid only to a designated beneficiary or beneficiaries.
(b) An eligible person is a person who:
(1) was born on July 9, 1956;
(2) is employed as a teacher by Independent School District
No. 535, Rochester;
(3) is a member of the Teachers Retirement Association;
(4) has more than 19 years of allowable service credit in
the Teachers Retirement Association;
(5) has two minor children;
(6) has no potential surviving spouse by virtue of a prior
marriage dissolution; and
(7) has been diagnosed with a serious medical condition that
is life threatening.
(c) The designated beneficiary or beneficiaries may only be
a biological or adopted child, the biological or adopted children of the
eligible person, or a trust established for the child or children if the trust
is required to provide for the proper health, support, maintenance, and
education of the dependent child or children.
If two or more children are designated or if a trust established for
more than one child is designated, the benefit payable to or on behalf of each
child is an equal share of the total benefit.