Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2386 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to retirement; making administrative changes to statutes governing the​
33 1.3 retirement plans administered by the Public Employees Retirement Association;​
44 1.4 clarifying that the monthly salary threshold for required coverage must be stipulated​
55 1.5 in advance; adding requirements for elected or appointed public officials who wish​
66 1.6 to elect coverage by the general employees retirement plan; clarifying the​
77 1.7 membership election period and timing to file membership election forms; adding​
88 1.8 a 60-day requirement for filing an election with the association; clarifying the​
99 1.9 application of the increased multiplier for members of the local government​
1010 1.10 correctional retirement plan who qualify for a duty disability benefit; amending​
1111 1.11 Minnesota Statutes 2024, sections 353.01, subdivisions 2a, 2b, 2d; 353.028,​
1212 1.12 subdivisions 2, 3; 353.34, subdivision 5; 353D.02, subdivisions 1, 2, 3, 4, 5, 6, 7;​
1313 1.13 353E.06, subdivision 1; 356.636, subdivisions 2, 3.​
1414 1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1515 1.15 Section 1. Minnesota Statutes 2024, section 353.01, subdivision 2a, is amended to read:​
1616 1.16 Subd. 2a.Included employees; mandatory membership.(a) Any public employees​
1717 1.17employee whose salary from one governmental subdivision exceeds is expected to exceed​
1818 1.18$425 in any month and who are is not specifically excluded under subdivision 2b or have​
1919 1.19has not been provided an option to participate under subdivision 2d, whether individually​
2020 1.20or by action of the governmental subdivision, must participate beginning on the employee's​
2121 1.21first day of employment as members a member of the association with retirement coverage​
2222 1.22by the general employees retirement plan under this chapter, the public employees police​
2323 1.23and fire plan under this chapter, or the local government correctional employees retirement​
2424 1.24plan under chapter 353E, whichever applies. For any employee whose salary is not expected​
2525 1.25to exceed $425 in any month, membership commences as a condition of employment on​
2626 1.26the first day of employment or on the first day that the employee's salary exceeds $425 and​
2727 1​Section 1.​
2828 REVISOR VH/LJ 25-04238​03/10/25 ​
2929 State of Minnesota​
3030 This Document can be made available​
3131 in alternative formats upon request​
3232 HOUSE OF REPRESENTATIVES​
3333 H. F. No. 2386​
3434 NINETY-FOURTH SESSION​
3535 Authored by O'Driscoll, Lillie, Cha and Nadeau​03/17/2025​
3636 The bill was read for the first time and referred to the Committee on State Government Finance and Policy​ 2.1the other eligibility criteria are met, whichever is later. Public employees include but are​
3737 2.2not limited to:​
3838 2.3 (1) persons whose salary meets the threshold in this paragraph from employment in one​
3939 2.4or more positions within one governmental subdivision;​
4040 2.5 (2) elected county sheriffs;​
4141 2.6 (3) persons who are appointed, employed, or contracted to perform governmental​
4242 2.7functions that by law or local ordinance are required of a public officer, including, but not​
4343 2.8limited to:​
4444 2.9 (i) town and city clerk or treasurer;​
4545 2.10 (ii) county auditor, treasurer, or recorder;​
4646 2.11 (iii) city manager as defined in section 353.028 who does not exercise the option provided​
4747 2.12under subdivision 2d; or​
4848 2.13 (iv) emergency management director, as provided under section 12.25;​
4949 2.14 (4) physicians under section 353D.01, subdivision 2, who do not elect public employees​
5050 2.15defined contribution plan coverage under section 353D.02, subdivision 2;​
5151 2.16 (5) full-time employees of the Dakota County Agricultural Society;​
5252 2.17 (6) employees of the Red Wing Port Authority who were first employed by the Red​
5353 2.18Wing Port Authority before May 1, 2011, and who are not excluded employees under​
5454 2.19subdivision 2b;​
5555 2.20 (7) employees of the Seaway Port Authority of Duluth who are not excluded employees​
5656 2.21under subdivision 2b;​
5757 2.22 (8) employees of the Stevens County Housing and Redevelopment Authority who were​
5858 2.23first employed by the Stevens County Housing and Redevelopment Authority before May​
5959 2.241, 2014, and who are not excluded employees under subdivision 2b;​
6060 2.25 (9) employees of the Minnesota River Area Agency on Aging who were first employed​
6161 2.26by a Regional Development Commission before January 1, 2016, and who are not excluded​
6262 2.27employees under subdivision 2b; and​
6363 2.28 (10) employees of the Public Employees Retirement Association.​
6464 2.29 (b) A public employee or elected official who was a member of the association on June​
6565 2.3030, 2002, based on employment that qualified for membership coverage by the public​
6666 2.31employees retirement plan or the public employees police and fire plan under this chapter,​
6767 2​Section 1.​
6868 REVISOR VH/LJ 25-04238​03/10/25 ​ 3.1or the local government correctional employees retirement plan under chapter 353E as of​
6969 3.2June 30, 2002, retains that membership for the duration of the person's employment in that​
7070 3.3position or incumbency in elected office. Except as provided in subdivision 28, the person​
7171 3.4shall participate as a member until the employee or elected official terminates public​
7272 3.5employment under subdivision 11a or terminates membership under subdivision 11b.​
7373 3.6 (c) If the salary of an included public employee is less than $425 in any subsequent​
7474 3.7month, the member retains membership eligibility.​
7575 3.8 (d) For the purpose of participation in the general employees retirement plan, public​
7676 3.9employees include employees who were members of the former Minneapolis Employees​
7777 3.10Retirement Fund on June 29, 2010.​
7878 3.11 EFFECTIVE DATE.This section is effective July 1, 2025.​
7979 3.12 Sec. 2. Minnesota Statutes 2024, section 353.01, subdivision 2b, is amended to read:​
8080 3.13 Subd. 2b.Excluded employees.(a) The following public employees are not eligible to​
8181 3.14participate as members of the association with retirement coverage by the general employees​
8282 3.15retirement plan, the local government correctional employees retirement plan under chapter​
8383 3.16353E, or the public employees police and fire plan:​
8484 3.17 (1) persons whose salary from one governmental subdivision never exceeds or is never​
8585 3.18expected to exceed $425 in a month;​
8686 3.19 (2) public officers who are elected to a governing body, city mayors, or persons who​
8787 3.20are appointed to fill a vacancy in an elected office of a governing body, whose term of office​
8888 3.21commences on or after July 1, 2002, for the service to be rendered in that elected position;​
8989 3.22 (3) election judges and persons employed solely to administer elections;​
9090 3.23 (4) patient and inmate personnel who perform services for a governmental subdivision;​
9191 3.24 (5) except as otherwise specified in subdivision 12a, employees who are employed solely​
9292 3.25in a temporary position as defined under subdivision 12a, and employees who resign from​
9393 3.26a nontemporary position and accept a temporary position within 30 days of that resignation​
9494 3.27in the same governmental subdivision;​
9595 3.28 (6) employees who are employed by reason of work emergency caused by fire, flood,​
9696 3.29storm, or similar disaster, but if the person becomes a probationary or provisional employee​
9797 3.30within the same pay period, other than on a temporary basis, the person is a "public​
9898 3.31employee" retroactively to the beginning of the pay period;​
9999 3​Sec. 2.​
100100 REVISOR VH/LJ 25-04238​03/10/25 ​ 4.1 (7) employees who by virtue of their employment in one governmental subdivision are​
101101 4.2required by law to be a member of and to contribute to any of the plans or funds administered​
102102 4.3by the Minnesota State Retirement System, the Teachers Retirement Association, or the St.​
103103 4.4Paul Teachers Retirement Fund Association, but this exclusion must not be construed to​
104104 4.5prevent a person from being a member of and contributing to the Public Employees​
105105 4.6Retirement Association and also belonging to and contributing to another public pension​
106106 4.7plan or fund for other service occurring during the same period of time, and a person who​
107107 4.8meets the definition of "public employee" in subdivision 2 by virtue of other service occurring​
108108 4.9during the same period of time becomes a member of the association unless contributions​
109109 4.10are made to another public retirement plan on the salary based on the other service or to the​
110110 4.11Teachers Retirement Association by a teacher as defined in section 354.05, subdivision 2;​
111111 4.12 (8) persons who are members of a religious order and are excluded from coverage under​
112112 4.13the federal Old Age, Survivors, Disability, and Health Insurance Program for the performance​
113113 4.14of service as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if​
114114 4.15no irrevocable election of coverage has been made under section 3121(r) of the Internal​
115115 4.16Revenue Code of 1954, as amended;​
116116 4.17 (9) persons who are:​
117117 4.18 (i) employed by a governmental subdivision who have not reached the age of 23 and​
118118 4.19who are enrolled on a full-time basis to attend or are attending classes on a full-time basis​
119119 4.20at an accredited school, college, or university in an undergraduate, graduate, or​
120120 4.21professional-technical program, or at a public or charter high school;​
121121 4.22 (ii) employed as resident physicians, medical interns, pharmacist residents, or pharmacist​
122122 4.23interns and are serving in a degree or residency program in a public hospital or in a public​
123123 4.24clinic; or​
124124 4.25 (iii) students who are serving for a period not to exceed five years in an internship or a​
125125 4.26residency program that is sponsored by a governmental subdivision, including an accredited​
126126 4.27educational institution;​
127127 4.28 (10) persons who hold a part-time adult supplementary technical college license who​
128128 4.29render part-time teaching service in a technical college;​
129129 4.30 (11) for the first three years of employment, foreign citizens who are employed by a​
130130 4.31governmental subdivision, except that the following foreign citizens must be considered​
131131 4.32included employees under subdivision 2a:​
132132 4.33 (i) H-1B, H-1B1, and E-3 status holders;​
133133 4​Sec. 2.​
134134 REVISOR VH/LJ 25-04238​03/10/25 ​ 5.1 (ii) employees of Hennepin County or Hennepin Healthcare System, Inc.;​
135135 5.2 (iii) employees legally authorized to work in the United States for three years or more;​
136136 5.3and​
137137 5.4 (iv) employees otherwise required to participate under federal law;​
138138 5.5 (12) public hospital employees who elected not to participate as members of the​
139139 5.6association before 1972 and who did not elect to participate from July 1, 1988, to October​
140140 5.71, 1988;​
141141 5.8 (13) except as provided in section 353.86, volunteer ambulance service personnel, as​
142142 5.9defined in subdivision 35, but persons who serve as volunteer ambulance service personnel​
143143 5.10may still qualify as public employees under subdivision 2 and may be members of the Public​
144144 5.11Employees Retirement Association and participants in the general employees retirement​
145145 5.12plan or the public employees police and fire plan, whichever applies, on the basis of​
146146 5.13compensation received from public employment service other than service as volunteer​
147147 5.14ambulance service personnel;​
148148 5.15 (14) except as provided in section 353.87, volunteer firefighters, as defined in subdivision​
149149 5.1636, engaging in activities undertaken as part of volunteer firefighter duties, but a person​
150150 5.17who is a volunteer firefighter may still qualify as a public employee under subdivision 2​
151151 5.18and may be a member of the Public Employees Retirement Association and a participant​
152152 5.19in the general employees retirement plan or the public employees police and fire plan,​
153153 5.20whichever applies, on the basis of compensation received from public employment activities​
154154 5.21other than those as a volunteer firefighter;​
155155 5.22 (15) employees in the building and construction trades, as follows:​
156156 5.23 (i) pipefitters and associated trades personnel employed by Independent School District​
157157 5.24No. 625, St. Paul, with coverage under a collective bargaining agreement by the pipefitters​
158158 5.25local 455 pension plan who were either first employed after May 1, 1997, or, if first employed​
159159 5.26before May 2, 1997, elected to be excluded under Laws 1997, chapter 241, article 2, section​
160160 5.2712;​
161161 5.28 (ii) electrical workers, plumbers, carpenters, and associated trades personnel employed​
162162 5.29by Independent School District No. 625, St. Paul, or the city of St. Paul, with coverage​
163163 5.30under a collective bargaining agreement by the electrical workers local 110 pension plan,​
164164 5.31the plumbers local 34 pension plan, or the carpenters local 322 pension plan who were either​
165165 5.32first employed after May 1, 2000, or, if first employed before May 2, 2000, elected to be​
166166 5.33excluded under Laws 2000, chapter 461, article 7, section 5;​
167167 5​Sec. 2.​
168168 REVISOR VH/LJ 25-04238​03/10/25 ​ 6.1 (iii) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers, painters,​
169169 6.2allied tradesworkers, and plasterers employed by the city of St. Paul or Independent School​
170170 6.3District No. 625, St. Paul, with coverage under a collective bargaining agreement by the​
171171 6.4bricklayers and allied craftworkers local 1 pension plan, the cement masons local 633​
172172 6.5pension plan, the glaziers and glassworkers local 1324 pension plan, the painters and allied​
173173 6.6trades local 61 pension plan, or the plasterers local 265 pension plan who were either first​
174174 6.7employed after May 1, 2001, or if first employed before May 2, 2001, elected to be excluded​
175175 6.8under Laws 2001, First Special Session chapter 10, article 10, section 6;​
176176 6.9 (iv) plumbers employed by the Metropolitan Airports Commission, with coverage under​
177177 6.10a collective bargaining agreement by the plumbers local 34 pension plan, who were either​
178178 6.11first employed after May 1, 2001, or if first employed before May 2, 2001, elected to be​
179179 6.12excluded under Laws 2001, First Special Session chapter 10, article 10, section 6;​
180180 6.13 (v) electrical workers or pipefitters employed by the Minneapolis Park and Recreation​
181181 6.14Board, with coverage under a collective bargaining agreement by the electrical workers​
182182 6.15local 292 pension plan or the pipefitters local 539 pension plan, who were first employed​
183183 6.16before May 2, 2015, and elected to be excluded under Laws 2015, chapter 68, article 11,​
184184 6.17section 5;​
185185 6.18 (vi) laborers and associated trades personnel employed by the city of St. Paul or​
186186 6.19Independent School District No. 625, St. Paul, who are designated as temporary employees​
187187 6.20with coverage under a collective bargaining agreement by a multiemployer plan as defined​
188188 6.21in section 356.27, subdivision 1, who were either first employed on or after June 1, 2018,​
189189 6.22or if first employed before June 1, 2018, elected to be excluded under Laws 2018, chapter​
190190 6.23211, article 16, section 13; and​
191191 6.24 (vii) employees who are trades employees as defined in section 356.27, subdivision 1,​
192192 6.25first hired on or after July 1, 2020, by the city of St. Paul or Independent School District​
193193 6.26No. 625, St. Paul, except for any trades employee for whom contributions are made under​
194194 6.27section 356.24, subdivision 1, clause (8), (9), or (10), by either employer to a multiemployer​
195195 6.28plan as defined in section 356.27, subdivision 1;​
196196 6.29 (16) employees who are hired after June 30, 2002, solely to fill seasonal positions under​
197197 6.30subdivision 12b which are limited in duration by the employer to a period of six months or​
198198 6.31less in each year of employment with the governmental subdivision;​
199199 6.32 (17) persons who are provided supported employment or work-study positions by a​
200200 6.33governmental subdivision and who participate in an employment or industries program​
201201 6.34maintained for the benefit of these persons where the governmental subdivision limits the​
202202 6​Sec. 2.​
203203 REVISOR VH/LJ 25-04238​03/10/25 ​ 7.1position's duration to up to five years, including persons participating in a federal or state​
204204 7.2subsidized on-the-job training, work experience, senior citizen, youth, or unemployment​
205205 7.3relief program where the training or work experience is not provided as a part of, or for,​
206206 7.4future permanent public employment;​
207207 7.5 (18) independent contractors and the employees of independent contractors;​
208208 7.6 (19) reemployed annuitants of the association during the course of that reemployment;​
209209 7.7 (20) persons appointed to serve on a board or commission of a governmental subdivision​
210210 7.8or an instrumentality thereof;​
211211 7.9 (21) persons employed as full-time fixed-route bus drivers by the St. Cloud Metropolitan​
212212 7.10Transit Commission who are members of the International Brotherhood of Teamsters Local​
213213 7.11638 and who are, by virtue of that employment, members of the International Brotherhood​
214214 7.12of Teamsters Central States pension plan; and​
215215 7.13 (22) persons employed by the Duluth Transit Authority or any subdivision thereof who​
216216 7.14are members of the Teamsters General Local Union 346 and who are, by virtue of that​
217217 7.15employment, members of the Central States Southeast and Southwest Areas Pension Fund.​
218218 7.16 (b) Any person performing the duties of a public officer in a position defined in​
219219 7.17subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an​
220220 7.18employee of an independent contractor.​
221221 7.19 EFFECTIVE DATE.This section is effective July 1, 2025.​
222222 7.20 Sec. 3. Minnesota Statutes 2024, section 353.01, subdivision 2d, is amended to read:​
223223 7.21 Subd. 2d.Optional membership.(a) Membership in the association is optional by​
224224 7.22action of the individual employee for the following public employees who meet the conditions​
225225 7.23set forth in subdivision 2a:​
226226 7.24 (1) members of the coordinated plan who are also employees of labor organizations as​
227227 7.25defined in section 353.017, subdivision 1, for their employment by the labor organization​
228228 7.26only, if they elect to have membership under section 353.017, subdivision 2;​
229229 7.27 (2) persons who are elected or persons who are appointed to elected positions, other​
230230 7.28than local governing body elected positions, and who elect to participate within 30 days of​
231231 7.29taking office by filing completing and signing a written election for membership election​
232232 7.30on a form prescribed by the executive director of the association and filing the membership​
233233 7.31election with the association within 60 days of taking office;​
234234 7​Sec. 3.​
235235 REVISOR VH/LJ 25-04238​03/10/25 ​ 8.1 (3) members of the association who are appointed by the governor to be a state department​
236236 8.2head and who elect not to be covered by the general state employees retirement plan of the​
237237 8.3Minnesota State Retirement System under section 352.021;​
238238 8.4 (4) city managers as defined in section 353.028, subdivision 1, who do not elect to be​
239239 8.5excluded from membership in the association under section 353.028, subdivision 2; and​
240240 8.6 (5) employees of the Port Authority of the city of St. Paul on January 1, 2003, who were​
241241 8.7at least age 45 on that date, and who elected to participate by filing a written completing​
242242 8.8and signing a membership election for membership.​
243243 8.9 (b) Membership in the association is optional by action of the governmental subdivision​
244244 8.10for the employees of the following governmental subdivisions under the conditions specified:​
245245 8.11 (1) the Minnesota Association of Townships if the board of that association, at its option,​
246246 8.12certifies to the executive director that its employees who meet the conditions set forth in​
247247 8.13subdivision 2a are to be included for purposes of retirement coverage, in which case the​
248248 8.14status of the association as a participating employer is permanent;​
249249 8.15 (2) a county historical society if the county in which the historical society is located, at​
250250 8.16its option, certifies to the executive director that the employees of the historical society who​
251251 8.17meet the conditions set forth in subdivision 2a are to be considered county employees for​
252252 8.18purposes of retirement coverage under this chapter. The status as a county employee must​
253253 8.19be accorded to all similarly situated county historical society employees and, once established,​
254254 8.20must continue as long as a person is an employee of the county historical society; and​
255255 8.21 (3) Hennepin Healthcare System, Inc., a public corporation, with respect to employees​
256256 8.22other than paramedics, emergency medical technicians, and protection officers, if the​
257257 8.23corporate board establishes alternative retirement plans for certain classes of employees of​
258258 8.24the corporation and certifies to the association the applicable employees to be excluded​
259259 8.25from future retirement coverage.​
260260 8.26 (c) For employees who are covered by paragraph (a), clause (1), (2), or (3), or covered​
261261 8.27by paragraph (b), clause (1) or (2), if the necessary membership election is not made, the​
262262 8.28employee is excluded from retirement coverage under this chapter. For employees who are​
263263 8.29covered by paragraph (a), clause (4), if the necessary election of exclusion is not made, the​
264264 8.30employee must become a member and have retirement coverage under the applicable​
265265 8.31provisions of this chapter. For employees specified in paragraph (b), clause (3), membership​
266266 8.32continues until the exclusion option is exercised for the designated class of employee.​
267267 8​Sec. 3.​
268268 REVISOR VH/LJ 25-04238​03/10/25 ​ 9.1 (d) The option to become a member, once exercised under this subdivision, may not be​
269269 9.2withdrawn until the termination of public service as defined under subdivision 11a.​
270270 9.3 EFFECTIVE DATE.This section is effective July 1, 2025.​
271271 9.4 Sec. 4. Minnesota Statutes 2024, section 353.028, subdivision 2, is amended to read:​
272272 9.5 Subd. 2.Election.(a) A city manager first employed by a city may make a onetime,​
273273 9.6irrevocable election to be excluded from membership in the general employees retirement​
274274 9.7plan of the association. The election of exclusion must be made within 30 days following​
275275 9.8the commencement of employment, must be made in writing on a form prescribed by the​
276276 9.9executive director, and must be approved by a resolution adopted by the governing body​
277277 9.10of the city, and must be filed with the association within 60 days of commencing employment.​
278278 9.11The election of exclusion is not effective until it is filed with the executive director.​
279279 9.12Membership of a city manager in the general employees retirement plan ceases on the date​
280280 9.13the written election of exclusion is received by the executive director. Employee and​
281281 9.14employer contributions made during the first 30 60 days of employment on behalf of a​
282282 9.15person exercising the option to be excluded from membership under this paragraph must​
283283 9.16be refunded or credited in accordance with section 353.27, subdivision 7.​
284284 9.17 (b) A city manager who has previously been an employee in any position covered by​
285285 9.18any retirement plan administered by the association to which the city contributed or by any​
286286 9.19supplemental pension or deferred compensation plan under section 356.24 sponsored by​
287287 9.20the city is not eligible to make the election under paragraph (a).​
288288 9.21 (c) Any election under paragraph (a) must include a statement that the individual will​
289289 9.22not seek authorization to purchase service credit for any period of excluded service.​
290290 9.23 EFFECTIVE DATE.This section is effective July 1, 2025.​
291291 9.24 Sec. 5. Minnesota Statutes 2024, section 353.028, subdivision 3, is amended to read:​
292292 9.25 Subd. 3.Deferred compensation; city contribution.(a) If an election of exclusion​
293293 9.26under subdivision 2 is made, and if the city manager and the governing body of the city​
294294 9.27additionally agree in writing that the additional compensation is to be deferred and is to be​
295295 9.28contributed on behalf of the city manager to a deferred compensation program that meets​
296296 9.29the requirements of section 457 of the Internal Revenue Code of 1986, as amended, and​
297297 9.30section 356.24, the governing body may compensate the city manager, in addition to the​
298298 9.31salary allowed under any limitation imposed on salaries by law or charter, in an amount​
299299 9​Sec. 5.​
300300 REVISOR VH/LJ 25-04238​03/10/25 ​ 10.1equal to the employer contribution that would be required by section 353.27, subdivision​
301301 10.23, if the city manager were a member of the general employees retirement plan.​
302302 10.3 (b) Alternatively, if an election of exclusion under subdivision 2 is made, the city manager​
303303 10.4and the governing body of the city may agree in writing that the equivalent employer​
304304 10.5contribution to the contribution under section 353.27, subdivision 3, be contributed by the​
305305 10.6city to the defined contribution plan of the Public Employees Retirement Association under​
306306 10.7chapter 353D. Any An election and agreement under this paragraph must be entered into​
307307 10.8within 30 days following the commencement of employment.​
308308 10.9 EFFECTIVE DATE.This section is effective July 1, 2025.​
309309 10.10Sec. 6. Minnesota Statutes 2024, section 353.34, subdivision 5, is amended to read:​
310310 10.11 Subd. 5.Right to a refund generally unlimited.Notwithstanding section 356.65, the​
311311 10.12right to a refund provided in this chapter, and laws amendatory thereof, is not restricted as​
312312 10.13to time unless specifically provided and the statute of limitation does not apply thereto.​
313313 10.14 EFFECTIVE DATE.This section is effective the day following final enactment.​
314314 10.15Sec. 7. Minnesota Statutes 2024, section 353D.02, subdivision 1, is amended to read:​
315315 10.16 Subdivision 1.Local government officials.Eligible elected or appointed local​
316316 10.17government officials may elect to participate in the defined contribution plan within the​
317317 10.18first 30 days of being elected or appointed to taking public office by filing completing and​
318318 10.19signing a membership application election on a form prescribed by the executive director​
319319 10.20of the association authorizing contributions to be deducted from the official's salary.​
320320 10.21Participation begins on the first day of the pay period for which the contributions were​
321321 10.22deducted or, if pay period coverage dates are not provided, the date on which the membership​
322322 10.23application election or contributions are received in the office of the association, whichever​
323323 10.24is received first, provided further that the membership application election is received by​
324324 10.25the association within 60 days of the receipt of the contributions taking office. An election​
325325 10.26to participate in the plan is irrevocable.​
326326 10.27 EFFECTIVE DATE.This section is effective July 1, 2025.​
327327 10.28Sec. 8. Minnesota Statutes 2024, section 353D.02, subdivision 2, is amended to read:​
328328 10.29 Subd. 2.Eligible physicians.Eligible physicians may elect to participate in the defined​
329329 10.30contribution plan within the first 30 days of commencing employment with a government​
330330 10.31subdivision under section 353.01, subdivision 6, by filing completing and signing a​
331331 10​Sec. 8.​
332332 REVISOR VH/LJ 25-04238​03/10/25 ​ 11.1membership application election on a form prescribed by the executive director of the​
333333 11.2association authorizing contributions to be deducted from the physician's salary and filing​
334334 11.3the membership election with the association within 60 days of commencing employment.​
335335 11.4Participation begins on the first day of the pay period for which the contributions were​
336336 11.5deducted. An election to participate in the defined contribution plan is irrevocable.​
337337 11.6 EFFECTIVE DATE.This section is effective July 1, 2025.​
338338 11.7 Sec. 9. Minnesota Statutes 2024, section 353D.02, subdivision 3, is amended to read:​
339339 11.8 Subd. 3.Eligible ambulance service personnel.Each public ambulance service with​
340340 11.9eligible personnel may elect to participate in the plan. If a service elects to participate, its​
341341 11.10eligible personnel may elect to participate or decline to participate. An individual's​
342342 11.11membership election must be made within 30 days of the service's election to participate​
343343 11.12or within 30 days of the date on which the individual began employment with the service​
344344 11.13or began to provide service for it, whichever date is later. The membership election must​
345345 11.14be received by the association within 60 days of the service's election to participate or within​
346346 11.1560 days of the date on which the individual first began employment, whichever is later. An​
347347 11.16election by a service or an individual is irrevocable.​
348348 11.17Sec. 10. Minnesota Statutes 2024, section 353D.02, subdivision 4, is amended to read:​
349349 11.18 Subd. 4.Eligible rescue squad personnel.The municipality or county, as applicable,​
350350 11.19associated with a rescue squad under section 353D.01, subdivision 2, paragraph (a), clause​
351351 11.20(4), may elect to participate in the plan. If the municipality or county, as applicable, elects​
352352 11.21to participate, the eligible personnel may elect to participate or decline to participate. An​
353353 11.22eligible individual's membership election must be made within 30 days of the service's​
354354 11.23municipality's or county's election to participate or within 30 days of the date on which the​
355355 11.24individual first began employment with the rescue squad, whichever is later. The membership​
356356 11.25election must be received by the association within 60 days of the municipality's or county's​
357357 11.26election to participate or within 60 days of the date on which the individual first began​
358358 11.27employment, whichever is later. Elections under this subdivision by a government unit or​
359359 11.28individual are irrevocable. The municipality or county, as applicable, must specify by​
360360 11.29resolution eligibility requirements for rescue squad personnel which must be satisfied if the​
361361 11.30individual is to be authorized to make the membership election under this subdivision.​
362362 11.31 EFFECTIVE DATE.This section is effective July 1, 2025.​
363363 11​Sec. 10.​
364364 REVISOR VH/LJ 25-04238​03/10/25 ​ 12.1 Sec. 11. Minnesota Statutes 2024, section 353D.02, subdivision 5, is amended to read:​
365365 12.2 Subd. 5.St. Paul Port Authority personnel.Employees of the Port Authority of the​
366366 12.3city of St. Paul who do not elect to participate in the general employees retirement plan may​
367367 12.4elect within the first 30 days of commencing employment to participate in the plan by filing​
368368 12.5completing and signing a membership application election on a form prescribed by the​
369369 12.6executive director of the association authorizing contributions to be deducted from the​
370370 12.7employee's salary. Participation begins on the first day of the pay period for which the​
371371 12.8contributions were deducted or, if pay period coverage dates are not provided, the date on​
372372 12.9which the membership application election or the contributions are received in the office​
373373 12.10of the association, whichever is received first, if provided the membership application​
374374 12.11election is received by the association within 60 days of the receipt of the contributions​
375375 12.12commencing employment. An election to participate in the plan is irrevocable.​
376376 12.13 EFFECTIVE DATE.This section is effective July 1, 2025.​
377377 12.14Sec. 12. Minnesota Statutes 2024, section 353D.02, subdivision 6, is amended to read:​
378378 12.15 Subd. 6.City managers.Any city managers manager who elected to be excluded within​
379379 12.1630 days of commencing employment from the general employees retirement plan of the​
380380 12.17Public Employees Retirement Association under section 353.028, subdivision 2, and who​
381381 12.18elected to participate in the plan entered into an agreement under section 353.028, subdivision​
382382 12.193, paragraph (b), with the governing body of the city by which the city manager is employed​
383383 12.20to have the city make contributions to the defined contribution plan under chapter 353D​
384384 12.21must file that an election with the executive director association within the first 30 60 days​
385385 12.22of commencing employment to participate in the defined contribution plan. The city manager​
386386 12.23must complete and sign a membership election on a form prescribed by the executive director​
387387 12.24of the association. Participation begins on the first day of the pay period next following the​
388388 12.25date of the coverage election. An election to participate by a city manager is irrevocable.​
389389 12.26 EFFECTIVE DATE.This section is effective July 1, 2025.​
390390 12.27Sec. 13. Minnesota Statutes 2024, section 353D.02, subdivision 7, is amended to read:​
391391 12.28 Subd. 7.Certain volunteer firefighters.Volunteer or on-call firefighters who are serving​
392392 12.29as members of a municipal fire department or an independent nonprofit firefighting​
393393 12.30corporation and who are not covered for that firefighting service by the public employees​
394394 12.31police and fire retirement plan under sections 353.63 to 353.68, by a firefighters relief​
395395 12.32association under chapter 424A, or by the statewide volunteer firefighter retirement plan​
396396 12.33under chapter 353G may elect to participate in the plan within the first 30 days of​
397397 12​Sec. 13.​
398398 REVISOR VH/LJ 25-04238​03/10/25 ​ 13.1commencing service by completing and signing a membership election on a form prescribed​
399399 13.2by the executive director of the association. The membership election must be filed with​
400400 13.3the association within 60 days of commencing service. An eligible firefighter's election is​
401401 13.4irrevocable. No employer contribution is payable by the fire department or the firefighting​
402402 13.5corporation unless the municipal governing body or the firefighting corporation governing​
403403 13.6body, whichever applies, ratifies the membership election.​
404404 13.7 EFFECTIVE DATE.This section is effective July 1, 2025.​
405405 13.8 Sec. 14. Minnesota Statutes 2024, section 353E.06, subdivision 1, is amended to read:​
406406 13.9 Subdivision 1.Duty disability qualification requirements.A member who is determined​
407407 13.10to qualify for a duty disability as defined in section 353E.001, subdivision 1, is entitled to​
408408 13.11a disability benefit. The disability benefit must be based on covered service under this​
409409 13.12chapter only and is an amount equal to 47.5 percent of the average salary defined in section​
410410 13.13353E.04, subdivision 2, plus an additional 1.9 percent, for each year of covered service​
411411 13.14under this chapter in excess of 25 years.:​
412412 13.15 (1) 1.9 percent for each year of allowable service beginning before July 1, 2025; and​
413413 13.16 (2) 2.2 percent for each year of allowable service beginning after June 30, 2025.​
414414 13.17 EFFECTIVE DATE.This section is effective the day following final enactment.​
415415 13.18Sec. 15. Minnesota Statutes 2024, section 356.636, subdivision 2, is amended to read:​
416416 13.19 Subd. 2.Correction of errors.(a) The executive director of a pension fund may correct​
417417 13.20an operational, demographic, or employer or employee eligibility error, by a pension fund​
418418 13.21or an error in a plan document that is not a statute if the executive director determines that​
419419 13.22correction is necessary or appropriate to preserve and protect the tax qualification of any​
420420 13.23pension or retirement plan listed in section 356.611, subdivision 6, that is part of administered​
421421 13.24by the pension fund. The method of correction must comply with the Internal Revenue​
422422 13.25Service Employee Plans Compliance Resolution System (EPCRS) or any successor thereto,​
423423 13.26if the EPCRS addresses the error and correction.​
424424 13.27 (b) To the extent deemed necessary by the executive director to implement correction,​
425425 13.28the executive director may:​
426426 13.29 (1) make distributions;​
427427 13.30 (2) transfer assets;​
428428 13​Sec. 15.​
429429 REVISOR VH/LJ 25-04238​03/10/25 ​ 14.1 (3) recover an overpayment by reducing future benefit payments or designating​
430430 14.2appropriate revenue or source of funding that will restore to the plan the amount of the​
431431 14.3overpayment; or​
432432 14.4 (4) take any other action that will restore the plan and any affected member or participant​
433433 14.5to the position the plan, member, or participant would have been in had the error not occurred.​
434434 14.6 (c) An executive director may correct an error under paragraph (a) or (b) without regard​
435435 14.7to any statute that imposes a time limitation on making such correction.​
436436 14.8 EFFECTIVE DATE.This section is effective the day following final enactment.​
437437 14.9 Sec. 16. Minnesota Statutes 2024, section 356.636, subdivision 3, is amended to read:​
438438 14.10 Subd. 3.Annual report.The executive director of each pension fund must report​
439439 14.11annually, no later than each February 1, to the chair and executive director of the Legislative​
440440 14.12Commission on Pensions and Retirement on whether the executive director of the pension​
441441 14.13fund corrected any operational, demographic, employer or employee eligibility, or plan​
442442 14.14document error during the preceding calendar year. The report must describe the error, the​
443443 14.15pension or retirement plan affected by the error, the method of correction, and the cost, if​
444444 14.16any, to the pension or retirement plan, employee, or employer of the error and correction.​
445445 14.17 EFFECTIVE DATE.This section is effective the day following final enactment.​
446446 14​Sec. 16.​
447447 REVISOR VH/LJ 25-04238​03/10/25 ​