1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to insurance; regulating the public employees insurance program; requiring |
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3 | 3 | | 1.3 participation by certain school employers; appropriating money; amending |
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4 | 4 | | 1.4 Minnesota Statutes 2024, section 43A.316, subdivisions 2, 3, 5, 7, 8, by adding |
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5 | 5 | | 1.5 subdivisions; proposing coding for new law in Minnesota Statutes, chapter 124D; |
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6 | 6 | | 1.6 repealing Minnesota Statutes 2024, section 43A.316, subdivision 11. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 43A.316, subdivision 2, is amended to read: |
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9 | 9 | | 1.9 Subd. 2.Definitions.For the purpose of this section, the terms defined in this subdivision |
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10 | 10 | | 1.10have the meaning given them. |
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11 | 11 | | 1.11 (a) Commissioner. "Commissioner" means the commissioner of management and |
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12 | 12 | | 1.12budget. |
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13 | 13 | | 1.13 (b) Employee. "Employee" means: |
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14 | 14 | | 1.14 (1) a person who is a public employee within the definition of section 179A.03, |
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15 | 15 | | 1.15subdivision 14, who is insurance eligible and is employed by an eligible employer; |
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16 | 16 | | 1.16 (2) an elected public official of an eligible employer who is insurance eligible; |
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17 | 17 | | 1.17 (3) a person employed by a labor organization or employee association certified as an |
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18 | 18 | | 1.18exclusive representative of employees of an eligible employer or by another public employer |
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19 | 19 | | 1.19approved by the commissioner, so long as the plan meets the requirements of a governmental |
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20 | 20 | | 1.20plan under United States Code, title 29, section 1002(32); or |
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21 | 21 | | 1.21 (4) a person employed by a county or municipal hospital. |
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22 | 22 | | 1.22 (c) Eligible employer. "Eligible employer" means: |
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23 | 23 | | 1Section 1. |
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24 | 24 | | REVISOR SS/NS 25-0441903/19/25 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 2904 |
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30 | 30 | | NINETY-FOURTH SESSION |
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31 | 31 | | Authored by Reyer, Davids, Stephenson, Her, Tabke and others03/27/2025 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 (1) a public employer within the definition of section 179A.03, subdivision 15, that is |
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33 | 33 | | 2.2a town, county, city, school district as defined in section 120A.05, service cooperative as |
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34 | 34 | | 2.3defined in section 123A.21, intermediate district as defined in section 136D.01, Cooperative |
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35 | 35 | | 2.4Center for Vocational Education as defined in section 123A.22, regional management |
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36 | 36 | | 2.5information center as defined in section 123A.23, or an education unit organized under the |
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37 | 37 | | 2.6joint powers action, section 471.59; or |
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38 | 38 | | 2.7 (2) an exclusive representative of employees, as defined in paragraph (b); |
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39 | 39 | | 2.8 (3) a county or municipal hospital; or |
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40 | 40 | | 2.9 (4) another public employer approved by the commissioner. |
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41 | 41 | | 2.10 (d) Exclusive representative. "Exclusive representative" means an exclusive |
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42 | 42 | | 2.11representative as defined in section 179A.03, subdivision 8. |
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43 | 43 | | 2.12 (e) Program. "Program" means the statewide public employees insurance program |
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44 | 44 | | 2.13created by subdivision 3. |
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45 | 45 | | 2.14 (f) Educator group insurance program. "Educator group insurance program" means |
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46 | 46 | | 2.15the mandatory health insurance pool created from the school employee pool. |
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47 | 47 | | 2.16 (g) Retired school employee. "Retired school employee" means a school employee |
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48 | 48 | | 2.17who has separated from service with any school employer and has met the age and service |
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49 | 49 | | 2.18requirements necessary to receive an annuity from a Minnesota public pension plan. |
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50 | 50 | | 2.19 (h) School employee. "School employee" means an employee of a school employer, |
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51 | 51 | | 2.20regardless of the number of hours worked or their status as a public employee under section |
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52 | 52 | | 2.21179A.03, subdivision 14. |
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53 | 53 | | 2.22 (i) School employee pool. "School employee pool" means a mandatory health insurance |
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54 | 54 | | 2.23pool for all eligible school employees and other eligible employees or employers electing |
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55 | 55 | | 2.24to be in the pool. |
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56 | 56 | | 2.25 (j) School employer. "School employer" means a district as defined in section 120A.05, |
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57 | 57 | | 2.26a service cooperative as defined in section 123A.21, an intermediate district as defined in |
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58 | 58 | | 2.27section 136D.01, a cooperative center for vocational education as defined in section 123A.22, |
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59 | 59 | | 2.28a regional management information center as defined in section 123A.23, a charter school |
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60 | 60 | | 2.29under chapter 124D, or an education unit organized under a joint powers agreement under |
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61 | 61 | | 2.30section 471.59. |
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62 | 62 | | 2Section 1. |
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63 | 63 | | REVISOR SS/NS 25-0441903/19/25 3.1 Sec. 2. Minnesota Statutes 2024, section 43A.316, subdivision 3, is amended to read: |
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64 | 64 | | 3.2 Subd. 3.Public employee insurance program.The commissioner shall be the |
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65 | 65 | | 3.3administrator of the public employee insurance program and the educator group insurance |
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66 | 66 | | 3.4program and may determine its funding, coverage, and administrative arrangements. The |
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67 | 67 | | 3.5commissioner shall model the program programs after the plan established in section 43A.18, |
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68 | 68 | | 3.6subdivision 2, but. The commissioner shall offer individual school employers dependent |
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69 | 69 | | 3.7coverage tiers that match the coverage when entering the school employee pool and any |
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70 | 70 | | 3.8changes to dependent coverage tiers subsequently negotiated. The commissioner shall also |
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71 | 71 | | 3.9offer a high-deductible plan compatible with health care savings accounts. The commissioner |
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72 | 72 | | 3.10may modify that plan those plans and dependent coverage tiers pursuant to the requirements |
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73 | 73 | | 3.11of subdivision 4a. |
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74 | 74 | | 3.12 Sec. 3. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision to |
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75 | 75 | | 3.13read: |
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76 | 76 | | 3.14 Subd. 4a.Educator group insurance program.The labor management committee |
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77 | 77 | | 3.15consists of 12 members appointed to represent participating school employees and retired |
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78 | 78 | | 3.16school employees. The Minnesota Association of School Administrators; the Minnesota |
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79 | 79 | | 3.17Association of School Business Officials; the Service Employees International Union; the |
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80 | 80 | | 3.18American Federation of State, County, and Municipal Employees; and the Minnesota School |
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81 | 81 | | 3.19Employees Association must each appoint one representative. Education Minnesota must |
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82 | 82 | | 3.20appoint seven representatives, providing a diverse representation of the state, including a |
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83 | 83 | | 3.21retiree. Committee members are eligible for expense reimbursement in the same manner |
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84 | 84 | | 3.22and amount as authorized by the commissioner's plan adopted under section 43A.18, |
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85 | 85 | | 3.23subdivision 2. A change to a cost-sharing plan may only be made with mutual agreement |
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86 | 86 | | 3.24between the commissioner and the committee. The committee shall study issues relating to |
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87 | 87 | | 3.25the insurance program, including but not limited to flexible benefits, utilization review, |
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88 | 88 | | 3.26quality assessment, and cost efficiency. The committee continues to exist while the program |
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89 | 89 | | 3.27remains in operation. |
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90 | 90 | | 3.28 Sec. 4. Minnesota Statutes 2024, section 43A.316, subdivision 5, is amended to read: |
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91 | 91 | | 3.29 Subd. 5.Public employee participation.(a) Participation in the program is subject to |
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92 | 92 | | 3.30the conditions in this subdivision. |
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93 | 93 | | 3.31 (b) Each exclusive representative for an a nonschool eligible employer determines |
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94 | 94 | | 3.32whether the employees it represents will participate in the program. The exclusive |
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95 | 95 | | 3.33representative shall give the employer notice of intent to participate at least 30 days before |
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96 | 96 | | 3Sec. 4. |
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97 | 97 | | REVISOR SS/NS 25-0441903/19/25 4.1the expiration date of the collective bargaining agreement preceding the collective bargaining |
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98 | 98 | | 4.2agreement that covers the date of entry into the program. The exclusive representative and |
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99 | 99 | | 4.3the eligible employer shall give notice to the commissioner of the determination to participate |
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100 | 100 | | 4.4in the program at least 30 days before entry into the program. Entry into the program is |
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101 | 101 | | 4.5governed by a schedule established by the commissioner. |
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102 | 102 | | 4.6 (c) Employees not represented by exclusive representatives may become members of |
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103 | 103 | | 4.7the program upon a determination of an a nonschool eligible employer to include these |
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104 | 104 | | 4.8employees in the program. Either all or none of the employer's unrepresented employees |
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105 | 105 | | 4.9must participate. The eligible employer shall give at least 30 days' notice to the commissioner |
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106 | 106 | | 4.10before entering the program. Entry into the program is governed by a schedule established |
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107 | 107 | | 4.11by the commissioner. |
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108 | 108 | | 4.12 (d) Participation in the program is for a four-year term. Participation is automatically |
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109 | 109 | | 4.13renewed for an additional four-year term unless the exclusive representative, or the employer |
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110 | 110 | | 4.14for unrepresented employees, gives the commissioner notice of withdrawal at least 30 days |
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111 | 111 | | 4.15before expiration of the participation period. A group that withdraws must wait two years |
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112 | 112 | | 4.16before rejoining. An exclusive representative, or employer for unrepresented employees, |
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113 | 113 | | 4.17may also withdraw if premiums increase 20 percent or more from one insurance year to the |
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114 | 114 | | 4.18next. |
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115 | 115 | | 4.19 (e) The exclusive representative shall give the employer notice of intent to withdraw to |
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116 | 116 | | 4.20the commissioner at least 30 days before the expiration date of a collective bargaining |
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117 | 117 | | 4.21agreement that includes the date on which the term of participation expires. |
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118 | 118 | | 4.22 (f) Each participating eligible employer shall notify the commissioner of names of |
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119 | 119 | | 4.23individuals who will be participating within two weeks of the commissioner receiving notice |
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120 | 120 | | 4.24of the parties' intent to participate. The employer shall also submit other information as |
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121 | 121 | | 4.25required by the commissioner for administration of the program. |
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122 | 122 | | 4.26 (d) Participation by a nonschool employer in the program is permanent once elected. |
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123 | 123 | | 4.27Nonschool exclusive representatives and eligible employers enrolled in the public employee |
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124 | 124 | | 4.28insurance program after July 1, 2026, shall have the option to either remain enrolled and |
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125 | 125 | | 4.29move to the mandatory school employee pool or permanently leave enrollment. |
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126 | 126 | | 4.30 (e) All school employers shall submit to the administrators of the mandatory school |
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127 | 127 | | 4.31employee pool the names and other required information regarding its school employees |
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128 | 128 | | 4.32within two weeks of the employees starting work or becoming employed, whichever comes |
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129 | 129 | | 4.33first. New coverage is effective on the first day of employment. Three months prior to entry |
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130 | 130 | | 4.34into the program, school employers shall provide the program administrator with the names |
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131 | 131 | | 4Sec. 4. |
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132 | 132 | | REVISOR SS/NS 25-0441903/19/25 5.1and required information of current employees. Beginning January 1, 2027, or as soon |
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133 | 133 | | 5.2thereafter as contracts or agreements with providers that were in place upon enactment |
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134 | 134 | | 5.3expire, school employees shall receive insurance through the school employee pool. |
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135 | 135 | | 5.4Employees of school employers obligated by a health insurance contract expiring on or |
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136 | 136 | | 5.5before December 31, 2026, must begin participation in the program on January 1, 2027. In |
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137 | 137 | | 5.6the event an insurance contract expires after enactment and before December 31, 2026, |
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138 | 138 | | 5.7subsequent contracts must expire on December 31, 2026. A school employee participating |
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139 | 139 | | 5.8in the public employee insurance program must join the school employee pool on January |
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140 | 140 | | 5.91, 2027, regardless of the length of the employee's remaining term. |
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141 | 141 | | 5.10 (f) School employers with individual self-insured plans that have unused reserve funds |
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142 | 142 | | 5.11after all obligations have been met may negotiate with the exclusive representative regarding |
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143 | 143 | | 5.12the reserve amount (1) attributable to the proportionate number of insured lives covered by |
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144 | 144 | | 5.13that exclusive representative and (2) that must be dedicated for use for health insurance |
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145 | 145 | | 5.14benefits for all individuals currently receiving health benefits. Notwithstanding section |
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146 | 146 | | 5.15471.617, no notice or approval is required for school employers who dissolve a self-insured |
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147 | 147 | | 5.16plan under this section. If the school employer and the exclusive representative are unable |
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148 | 148 | | 5.17to come to an agreement, the remaining funds must be used to pay the employee's premium |
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149 | 149 | | 5.18portion to the school employee pool until the reserve funds are depleted. These funds shall |
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150 | 150 | | 5.19be used for a proportional premium payment at the time it is necessary to deplete the balance. |
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151 | 151 | | 5.20 (g) School employers leaving a plan under section 123A.21 with a service cooperative |
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152 | 152 | | 5.21must receive a prorated share of the service cooperative reserves attributable to their portion |
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153 | 153 | | 5.22of membership in the plan and distribute them as required in paragraph (f). |
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154 | 154 | | 5.23 Sec. 5. Minnesota Statutes 2024, section 43A.316, subdivision 7, is amended to read: |
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155 | 155 | | 5.24 Subd. 7.Premiums.The proportion of premium paid by the employer and employee is |
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156 | 156 | | 5.25subject to collective bargaining or personnel policies. If, at the beginning of the coverage |
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157 | 157 | | 5.26period, no collective bargaining agreement has been finalized, the increased dollar costs, if |
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158 | 158 | | 5.27any, from the previous year is the sole responsibility of the individual participant until a |
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159 | 159 | | 5.28collective bargaining agreement states otherwise. Premiums, including an administration |
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160 | 160 | | 5.29fee, shall be established by the commissioner and shall not vary across eligible school |
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161 | 161 | | 5.30employers. Each employer shall pay monthly the amounts due for employee benefits |
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162 | 162 | | 5.31including the amounts under subdivision 8 to the commissioner no later than the dates |
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163 | 163 | | 5.32established by the commissioner. If an employer fails to make the payments as required, |
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164 | 164 | | 5.33the commissioner may cancel program benefits and pursue other civil remedies, including |
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165 | 165 | | 5.34accessing funds allocated to the school employer by the Department of Education. Failure |
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166 | 166 | | 5Sec. 5. |
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167 | 167 | | REVISOR SS/NS 25-0441903/19/25 6.1to make payments is considered using funds contrary to their purpose under section 127A.42, |
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168 | 168 | | 6.2subdivision 2, clause (7), and the commissioner of education shall use section 127A.42 to |
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169 | 169 | | 6.3reduce necessary aid to pay to the educator group insurance program. |
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170 | 170 | | 6.4 Sec. 6. Minnesota Statutes 2024, section 43A.316, subdivision 8, is amended to read: |
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171 | 171 | | 6.5 Subd. 8.Continuation of coverage.(a) A former employee of an employer participating |
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172 | 172 | | 6.6in the program who is receiving a public pension disability benefit or an annuity or has met |
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173 | 173 | | 6.7the age and service requirements necessary to receive an annuity under chapter 353, 353C, |
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174 | 174 | | 6.8354, 354A, 356, or 423, or Minnesota Statutes 2008, chapter 422A, and the former employee's |
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175 | 175 | | 6.9dependents, are eligible to participate in the program. This participation is at the person's |
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176 | 176 | | 6.10expense unless a collective bargaining agreement or personnel policy provides otherwise. |
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177 | 177 | | 6.11Premiums for these participants must be established by the commissioner. |
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178 | 178 | | 6.12 The commissioner may must not provide policy exclusions for preexisting conditions |
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179 | 179 | | 6.13only when there is a break in coverage between a participant's coverage under the |
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180 | 180 | | 6.14employment-based group insurance program and the participant's coverage under this |
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181 | 181 | | 6.15section. An employer shall notify an employee of the option to participate under this |
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182 | 182 | | 6.16paragraph no later than the effective date of retirement. The retired employee or the employer |
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183 | 183 | | 6.17of a participating group on behalf of a current or retired employee shall notify the |
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184 | 184 | | 6.18commissioner within 30 days of the effective date of retirement of intent to participate in |
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185 | 185 | | 6.19the program according to the rules established by the commissioner. |
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186 | 186 | | 6.20 (b) The spouse of a deceased employee or former employee may purchase the benefits |
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187 | 187 | | 6.21provided at premiums established by the commissioner if the spouse was a dependent under |
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188 | 188 | | 6.22the employee's or former employee's coverage under this section at the time of the death. |
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189 | 189 | | 6.23The spouse remains eligible to participate in the program as long as the group that included |
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190 | 190 | | 6.24the deceased employee or former employee participates in the program under the |
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191 | 191 | | 6.25requirements of section 62A.146. Coverage under this clause must be coordinated with |
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192 | 192 | | 6.26relevant insurance benefits provided through the federally sponsored Medicare program. |
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193 | 193 | | 6.27 (c) The program benefits must continue in the event of strike permitted by section |
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194 | 194 | | 6.28179A.18, if the exclusive representative chooses to have coverage continue and the employee |
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195 | 195 | | 6.29pays the total monthly premiums when due and the employer must continue to pay the total |
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196 | 196 | | 6.30monthly premiums due. |
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197 | 197 | | 6.31 (d) A participant who discontinues coverage may not reenroll unless newly eligible |
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198 | 198 | | 6.32under this section. |
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199 | 199 | | 6Sec. 6. |
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200 | 200 | | REVISOR SS/NS 25-0441903/19/25 7.1 Persons participating under these paragraphs shall make appropriate premium payments |
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201 | 201 | | 7.2in the time and manner established by the commissioner. |
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202 | 202 | | 7.3 Sec. 7. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision to |
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203 | 203 | | 7.4read: |
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204 | 204 | | 7.5 Subd. 12.Nonidentifiable aggregate claims data from past coverage.Upon request |
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205 | 205 | | 7.6by the commissioner, entities that are providing or have provided coverage to eligible school |
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206 | 206 | | 7.7employees shall provide to the commissioner at no charge nonidentifiable aggregate claims |
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207 | 207 | | 7.8data for that coverage. Notwithstanding section 13.203, the information must include data |
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208 | 208 | | 7.9relating to school employees' group benefit sets, demographics, claims experience, and any |
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209 | 209 | | 7.10other data or information reasonably necessary to accurately and appropriately underwrite |
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210 | 210 | | 7.11the risk of the school employees. |
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211 | 211 | | 7.12 Sec. 8. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision to |
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212 | 212 | | 7.13read: |
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213 | 213 | | 7.14 Subd. 13.Educator group insurance program start-up funding; administration of |
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214 | 214 | | 7.15ongoing revenues and expenses.The commissioner may impose a reserve surcharge in |
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215 | 215 | | 7.16the first three years of school employee enrollment if the commissioner deems it actuarially |
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216 | 216 | | 7.17necessary to supplement the existing public employee insurance program reserves available |
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217 | 217 | | 7.18in the insurance trust fund under subdivision 9. These funds are available to support both |
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218 | 218 | | 7.19the phasing out of the public employee insurance program and the implementation of the |
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219 | 219 | | 7.20educator group insurance program. |
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220 | 220 | | 7.21 Sec. 9. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision to |
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221 | 221 | | 7.22read: |
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222 | 222 | | 7.23 Subd. 14.Eligibility.(a) A school employee who is a public employee within the |
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223 | 223 | | 7.24definition of section 179A.03, subdivision 14, is eligible for coverage in the school employee |
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224 | 224 | | 7.25pool for the plan year, including school breaks. A school district employer must seek an |
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225 | 225 | | 7.26opinion from the Office of the Attorney General on any dispute over eligibility under the |
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226 | 226 | | 7.27authority of section 8.07. Notwithstanding any other laws to the contrary, the attorney |
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227 | 227 | | 7.28general must provide this opinion without charge, and the parties must comply with the |
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228 | 228 | | 7.29opinion until a party exercises their right to a resolution through a grievance process in the |
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229 | 229 | | 7.30collective bargaining agreement. An attorney general opinion is admissible in any related |
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230 | 230 | | 7.31arbitration proceeding. |
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231 | 231 | | 7Sec. 9. |
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232 | 232 | | REVISOR SS/NS 25-0441903/19/25 8.1 (b) If an employee meets the hour requirement for a public employee under section |
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233 | 233 | | 8.2179A.03, subdivision 14, when combining hours assigned by two or more separate school |
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234 | 234 | | 8.3employers and is less than full-time with any employer, each employer shall pay a pro rata |
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235 | 235 | | 8.4share of the cost of the employer contribution. A full-time employer shall pay the full |
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236 | 236 | | 8.5employer contribution. |
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237 | 237 | | 8.6 (c) An employee must receive notification of continuation rights as provided in other |
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238 | 238 | | 8.7laws. This coverage must be considered employer sponsored for purposes of all continuation |
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239 | 239 | | 8.8laws, including section 471.61, subdivision 2b, and no former employee has a right to force |
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240 | 240 | | 8.9the continuation of a plan created prior to the school employee pool. |
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241 | 241 | | 8.10 (d) An employee who waives coverage upon eligibility is not eligible to enroll until the |
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242 | 242 | | 8.11next open enrollment period. |
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243 | 243 | | 8.12 (e) School employees who are not also public employees as defined under section |
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244 | 244 | | 8.13179A.03, subdivision 14, are permitted to purchase coverage from the school employee |
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245 | 245 | | 8.14pool at their own expense or, if negotiated, with full or partial employer contribution. |
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246 | 246 | | 8.15 (f) In the event an eligible employee goes on unpaid status for the remainder of the |
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247 | 247 | | 8.16month, continuation premiums are not due until the next month. |
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248 | 248 | | 8.17 (g) Employers and employees are permitted to agree to the continuation of employer-paid |
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249 | 249 | | 8.18premiums postemployment. |
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250 | 250 | | 8.19 Sec. 10. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision |
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251 | 251 | | 8.20to read: |
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252 | 252 | | 8.21 Subd. 15.Contributions.On behalf of school employees covered by subdivision 14, |
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253 | 253 | | 8.22paragraph (a), the school district must contribute 85 percent of the costs for family premiums |
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254 | 254 | | 8.23and 95 percent of the costs for single premiums for the highest value plan offered for school |
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255 | 255 | | 8.24employer participants. If an eligible school employee chooses a high-deductible plan, the |
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256 | 256 | | 8.25employer must contribute the equivalent of the 85 or 95 percent cost of the highest value |
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257 | 257 | | 8.26plan toward the chosen plan, and any allotted contribution in excess of the high-deductible |
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258 | 258 | | 8.27premium shall be made to the employee's health care savings account or health reimbursement |
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259 | 259 | | 8.28arrangement. If such an account is not already in the parties' collective bargaining agreement, |
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260 | 260 | | 8.29the parties shall negotiate to establish one. Failure to agree on an account results in the |
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261 | 261 | | 8.30required contributions being made to an employee health care savings account with the |
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262 | 262 | | 8.31Minnesota State Retirement System pursuant to chapter 352. All remaining costs must be |
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263 | 263 | | 8.32paid by the employee unless the exclusive representative and employer agree that the |
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264 | 264 | | 8.33employer will cover some or all of the cost as: |
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265 | 265 | | 8Sec. 10. |
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266 | 266 | | REVISOR SS/NS 25-0441903/19/25 9.1 (1) premium contributions; |
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267 | 267 | | 9.2 (2) contributions to a health reimbursement arrangement or health savings account; or |
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268 | 268 | | 9.3 (3) a combination of premium contributions and contributions to a health reimbursement |
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269 | 269 | | 9.4arrangement or health savings account. |
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270 | 270 | | 9.5Eligible employees who are married to another eligible employee may choose to have one |
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271 | 271 | | 9.6family plan or two single plans. If they choose a family plan, 100 percent of the premium |
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272 | 272 | | 9.7will be paid by the employers in equal shares. |
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273 | 273 | | 9.8 Sec. 11. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision |
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274 | 274 | | 9.9to read: |
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275 | 275 | | 9.10 Subd. 16.Health insurance revenue.Funding for a service cooperative as defined in |
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276 | 276 | | 9.11section 123A.21, an intermediate district as defined in section 136D.01, and a cooperative |
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277 | 277 | | 9.12center for vocational education as defined in section 123A.22 shall be direct aid and shall |
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278 | 278 | | 9.13be equal to the average of funding received per eligible staff member by the member districts |
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279 | 279 | | 9.14for each of the entity's eligible staff members employed by the entity on October 1 of the |
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280 | 280 | | 9.15previous school year. |
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281 | 281 | | 9.16 Sec. 12. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision |
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282 | 282 | | 9.17to read: |
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283 | 283 | | 9.18 Subd. 17.No effect on more generous plans or policies.(a) Consistent with participation |
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284 | 284 | | 9.19in the school employee pool, nothing in this section shall be construed to discourage |
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285 | 285 | | 9.20employers from adopting or retaining health plan and related benefit policies that meet or |
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286 | 286 | | 9.21exceed, and do not otherwise conflict with, the minimum standards and requirements |
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287 | 287 | | 9.22provided in this section. |
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288 | 288 | | 9.23 (b) Consistent with participation in the school employee pool, nothing in this section |
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289 | 289 | | 9.24shall be construed to limit the right of parties to a collective bargaining agreement to bargain |
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290 | 290 | | 9.25and agree with respect to health plan and related benefit policies or to diminish the obligation |
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291 | 291 | | 9.26of an employer to comply with any contract, collective bargaining agreement, or any |
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292 | 292 | | 9.27employment benefit program or plan that meets or exceeds, and does not otherwise conflict |
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293 | 293 | | 9.28with, the minimum standards and requirements provided in this section. This specifically |
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294 | 294 | | 9.29includes but is not limited to premium contributions and tax-favored accounts permitted by |
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295 | 295 | | 9.30the Internal Revenue Service, including health reimbursement arrangements, health savings |
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296 | 296 | | 9.31accounts, and section 125 flexible spending accounts, but does not include individual |
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297 | 297 | | 9.32coverage health reimbursement arrangements or specific plan benefit structures. |
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298 | 298 | | 9Sec. 12. |
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299 | 299 | | REVISOR SS/NS 25-0441903/19/25 10.1 (c) Consistent with participation in the school employee pool, nothing in this section |
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300 | 300 | | 10.2shall be construed to preempt, limit, or otherwise affect the applicability of any other law, |
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301 | 301 | | 10.3regulation, requirement, policy, or standard that provides for additional health plan and |
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302 | 302 | | 10.4related benefits or that extends other protections to employees. |
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303 | 303 | | 10.5 (d) Consistent with participation in the school employee pool, nothing in this section |
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304 | 304 | | 10.6shall be construed or applied so as to create any power or duty in conflict with federal law. |
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305 | 305 | | 10.7 Sec. 13. Minnesota Statutes 2024, section 43A.316, is amended by adding a subdivision |
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306 | 306 | | 10.8to read: |
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307 | 307 | | 10.9 Subd. 18.Broker commissions.School employers shall not expend public resources |
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308 | 308 | | 10.10for broker commissions either as a direct fee or as an amount added to the insurer's rates |
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309 | 309 | | 10.11for assistance with implementation and ongoing use of health insurance benefits provided |
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310 | 310 | | 10.12under the school employee pool. |
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311 | 311 | | 10.13Sec. 14. [124D.997] EDUCATOR GROUP INSURANCE PROGRAM AID. |
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312 | 312 | | 10.14 Subdivision 1.Eligibility.A school district or charter school is eligible to apply to the |
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313 | 313 | | 10.15commissioner for educator group insurance program aid under this section. |
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314 | 314 | | 10.16 Subd. 2.Certification; aid calculation.(a) If a district determines that it will incur |
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315 | 315 | | 10.17additional employer premium costs attributable to the requirements of section 43A.316, |
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316 | 316 | | 10.18subdivision 15, it may certify the additional costs to the commissioner for approval, in the |
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317 | 317 | | 10.19form and manner determined by the commissioner. Aid for the district equals the amount |
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318 | 318 | | 10.20approved by the commissioner. |
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319 | 319 | | 10.21 (b) A district that cannot demonstrate additional employer premium costs under paragraph |
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320 | 320 | | 10.22(a) is not eligible for aid under this section. |
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321 | 321 | | 10.23 Subd. 3.Eligible uses.Aid under this section may be used for premium costs attributable |
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322 | 322 | | 10.24to the requirements of section 43A.316. |
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323 | 323 | | 10.25 EFFECTIVE DATE.This section is effective for revenue in fiscal year ... and later. |
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324 | 324 | | 10.26Sec. 15. APPROPRIATIONS. |
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325 | 325 | | 10.27 Subdivision 1.Department of Education.The sums indicated in this section are |
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326 | 326 | | 10.28appropriated from the general fund to the Department of Education for the fiscal years |
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327 | 327 | | 10.29designated. |
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328 | 328 | | 10.30 Subd. 2.Educator group insurance program aid.(a) For educator group insurance |
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329 | 329 | | 10.31program aid under Minnesota Statutes, section 124D.997: |
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330 | 330 | | 10Sec. 15. |
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331 | 331 | | REVISOR SS/NS 25-0441903/19/25 2026............11.1 $ |
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332 | 332 | | 2027............11.2 $ |
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333 | 333 | | 11.3 (b) The 2026 appropriation includes $0 for fiscal year 2025 and $....... for fiscal year |
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334 | 334 | | 11.42026. |
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335 | 335 | | 11.5 (c) The 2027 appropriation includes $....... for fiscal year 2026 and $....... for fiscal year |
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336 | 336 | | 11.62027. |
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337 | 337 | | 11.7 Sec. 16. REPEALER. |
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338 | 338 | | 11.8 Minnesota Statutes 2024, section 43A.316, subdivision 11, is repealed. |
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339 | 339 | | 11Sec. 16. |
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340 | 340 | | REVISOR SS/NS 25-0441903/19/25 43A.316 PUBLIC EMPLOYEES INSURANCE PROGRAM. |
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341 | 341 | | Subd. 11.Proposal from school district; response required.Upon receipt of a request for a |
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342 | 342 | | proposal from a school district pursuant to section 471.6161, subdivision 8, the public employees |
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343 | 343 | | insurance program shall respond to the request within 60 days. |
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344 | 344 | | 1R |
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345 | 345 | | APPENDIX |
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346 | 346 | | Repealed Minnesota Statutes: 25-04419 |
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