1.1 A bill for an act
1.2 relating to retirement; Minnesota State Retirement System correctional state
1.3 employees retirement plan; implementing the recommendations of the MSRS
1.4 correctional plan eligibility work group; modifying the eligibility requirements;
1.5 updating eligible employment positions; adding definitions; modifying the
1.6 procedures for adding or removing plan coverage; adding a right to appeal; making
1.7 conforming changes; amending Minnesota Statutes 2024, sections 352.01, by
1.8 adding a subdivision; 352.029, subdivision 3; 352.03, subdivision 5; 352.90;
1.9 352.93, subdivision 1; 352.955, subdivision 1; proposing coding for new law in
1.10 Minnesota Statutes, chapter 352; repealing Minnesota Statutes 2024, section 352.91,
1.11 subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 4a, 4b, 4c, 6.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2024, section 352.01, is amended by adding a subdivision
1.14to read:
1.15 Subd. 28.Executive director."Executive director" or "director" means the executive
1.16director of the system appointed under section 352.03, subdivision 5.
1.17 Sec. 2. Minnesota Statutes 2024, section 352.029, subdivision 3, is amended to read:
1.18 Subd. 3.Contributions.The employee and employer contributions required by section
1.19352.04, or by section 352.92 for employees covered by section 352.91 352.905, are the
1.20obligation of the employee who is a member under section 352.01, subdivision 2a, paragraph
1.21(a), or who chooses coverage under this section. However, the employing labor organization
1.22may pay the employer contributions. Contributions made by the employee must be made
1.23by salary deduction. The employing labor organization shall pay all contributions to the
1.24system as required by section 352.04, or by section 352.92 for employees covered by section
1.25352.91 352.905.
1Sec. 2.
REVISOR VH/CH 25-0553304/24/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 3269
NINETY-FOURTH SESSION
Authored by Nadeau04/29/2025
The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 Sec. 3. Minnesota Statutes 2024, section 352.03, subdivision 5, is amended to read:
2.2 Subd. 5.Executive director, deputy director, and assistant director.(a) The board
2.3shall appoint an executive director, in this chapter called the director, on the basis of
2.4education, experience in the retirement field, ability to manage and lead system staff, and
2.5ability to assist the board in setting a vision for the system. The executive director must
2.6have had at least five years' experience in either an executive level management position
2.7or in a position with responsibility for the governance, management, or administration of a
2.8retirement plan.
2.9 (b) The executive director, deputy director, and assistant director must be in the
2.10unclassified service but appointees may be selected from civil service lists if desired.
2.11Notwithstanding any law to the contrary, the board must set the salary of the executive
2.12director. The board must review the performance of the executive director on an annual
2.13basis and may grant salary adjustments as a result of the review. The salary of the deputy
2.14director and assistant director must be set in accordance with section 43A.18, subdivision
2.153.
2.16 Sec. 4. Minnesota Statutes 2024, section 352.90, is amended to read:
2.17 352.90 POLICY.
2.18 It is the policy of the legislature to provide special retirement benefits for and special
2.19contributions by certain correctional employees who may be required need to retire at an
2.20early age because they lose the mental or physical capacity required to maintain the safety,
2.21security, discipline, and custody of inmates incarcerated persons at state correctional facilities;
2.22of or patients and clients in the state-operated forensic services program, which is comprised
2.23of the Minnesota Security Hospital, the forensic nursing home, the forensic transition service,
2.24and the competency restoration program; of patients in or the Minnesota Sex Offender
2.25Program; or of patients in the Minnesota Specialty Health System-Cambridge.
2.26 Sec. 5. [352.901] DEFINITIONS APPLICABLE TO THE CORRECTIONAL PLAN.
2.27 Subdivision 1.Terms.Unless the language or context clearly indicates a different
2.28meaning is intended, the terms defined in this section have the meanings given. The
2.29definitions in this section apply only to the correctional employees retirement plan and
2.30supplement the definitions in section 352.01.
2.31 Subd. 2.Chief executive officer."Chief executive officer" means the Direct Care and
2.32Treatment chief executive officer appointed under section 246C.08 or a person the chief
2Sec. 5.
REVISOR VH/CH 25-0553304/24/25 3.1executive officer has delegated responsibilities to under sections 352.90 to 352.955, including
3.2the duty to certify direct contact under section 352.905, subdivision 2.
3.3 Subd. 3.Commissioner."Commissioner" means the commissioner of corrections
3.4appointed under section 241.01, subdivision 1, or a person the commissioner has delegated
3.5responsibilities to under sections 352.90 to 352.955, including the duty to certify direct
3.6contact under section 352.905, subdivision 2.
3.7 Subd. 4.Custody."Custody" means an employee's exercise of legal and physical control
3.8over an incarcerated person, patient, or client who is detained, confined, or otherwise
3.9restricted from freedom of movement.
3.10 Subd. 5.Direct Care and Treatment."Direct Care and Treatment" means the agency
3.11established under section 246C.02.
3.12 Subd. 6.Direct contact."Direct contact" means interactions between an employee and
3.13one or more patients, clients, or incarcerated persons where the employee is physically
3.14present and engaged with patients, clients, or incarcerated persons as part of the employee's
3.15normal duties, as defined in section 352.01, subdivision 17d, which must include regular
3.16involvement in rehabilitation, treatment, custody, or supervision of patients, clients, or
3.17incarcerated persons, while maintaining safety, security, and order.
3.18 Subd. 7.Direct contact requirement."Direct contact requirement" means the
3.19requirement that the employee spend at least 75 percent of the employee's working time in
3.20direct contact.
3.21 Subd. 8.Eligible facility."Eligible facility" means:
3.22 (1) Minnesota Correctional Facility-Faribault;
3.23 (2) Minnesota Correctional Facility-Lino Lakes;
3.24 (3) Minnesota Correctional Facility-Moose Lake;
3.25 (4) Minnesota Correctional Facility-Oak Park Heights;
3.26 (5) Minnesota Correctional Facility-Red Wing;
3.27 (6) Minnesota Correctional Facility-Rush City;
3.28 (7) Minnesota Correctional Facility-Shakopee;
3.29 (8) Minnesota Correctional Facility-St. Cloud;
3.30 (9) Minnesota Correctional Facility-Stillwater;
3.31 (10) Minnesota Correctional Facility-Togo; or
3Sec. 5.
REVISOR VH/CH 25-0553304/24/25 4.1 (11) Minnesota Correctional Facility-Willow River.
4.2 Subd. 9.Eligible program."Eligible program" means:
4.3 (1) the forensic services program; or
4.4 (2) the Minnesota Sex Offender Program.
4.5 Subd. 10.Employee organization."Employee organization" has the meaning given in
4.6section 179A.03, subdivision 6.
4.7 Subd. 11.Rehabilitation."Rehabilitation" means the process of providing treatment,
4.8education, or other interventions designed to improve the mental, physical, or behavioral
4.9condition of a patient, client, or incarcerated person with the goal of facilitating the
4.10reintegration into society or improving the quality of life of the patient, client, or incarcerated
4.11person.
4.12 Subd. 12.Supervision."Supervision" means the oversight and management of patients,
4.13clients, or incarcerated persons by an employee at an eligible facility or eligible program
4.14to ensure compliance with rules, regulations, and treatment plans; monitor behavior; enforce
4.15discipline; and provide guidance or direction.
4.16 Subd. 13.Treatment."Treatment" means the broad range of services, including medical,
4.17psychological, or therapeutic interventions, aimed at addressing the health, mental health,
4.18or behavioral needs and overall condition of patients, clients, or incarcerated persons by or
4.19under the supervision of employees at an eligible facility or eligible program.
4.20 Subd. 14.Working time."Working time" means time spent performing the normal
4.21duties of an employee's employment position, not including time spent in training or on a
4.22leave of absence for vacation, illness, or other reasons as authorized in the human resources
4.23policies applicable to the employee.
4.24 Sec. 6. [352.905] COVERED CORRECTIONAL SERVICE.
4.25 Subdivision 1.Direct contact not required.(a) For all periods of service that an
4.26employee is performing covered correctional service as defined in this subdivision, the
4.27employee is a member of the correctional employees retirement plan, whether or not the
4.28employee has any direct contact.
4.29 (b) "Covered correctional service" under this subdivision means service performed by
4.30a state employee employed at an eligible facility or in an eligible program in one of the
4.31following employment positions:
4.32 (1) corrections officer 1;
4Sec. 6.
REVISOR VH/CH 25-0553304/24/25 5.1 (2) corrections officer 2;
5.2 (3) corrections officer 3;
5.3 (4) corrections lieutenant;
5.4 (5) corrections captain;
5.5 (6) security counselor;
5.6 (7) security counselor lead; or
5.7 (8) corrections canine officer.
5.8 Subd. 2.Direct contact required.(a) For all periods of service that an employee is
5.9performing covered correctional service as defined in this subdivision, the employee is a
5.10member of the correctional employees retirement plan, but only if the employee satisfies
5.11the direct contact requirement and the employee's employer has certified to the executive
5.12director, in the manner prescribed by the executive director, that the employee satisfies the
5.13direct contact requirement.
5.14 (b) "Covered correctional service" under this subdivision means service performed by
5.15a state employee employed at an eligible facility or in an eligible program in one of the
5.16employment positions specified in subdivisions 3 to 6.
5.17 Subd. 3.Employment positions A to C.Employment positions with a title that begins
5.18with the letters "A" to "C":
5.19 (1) automotive mechanic;
5.20 (2) baker;
5.21 (3) behavior analyst 1;
5.22 (4) behavior analyst 2;
5.23 (5) behavior analyst 3;
5.24 (6) building maintenance coordinator;
5.25 (7) building maintenance lead worker;
5.26 (8) building maintenance supervisor 2;
5.27 (9) building utilities mechanic;
5.28 (10) carpenter;
5.29 (11) carpenter lead;
5Sec. 6.
REVISOR VH/CH 25-0553304/24/25 6.1 (12) central services administrative specialist intermediate;
6.2 (13) central services administrative specialist principal;
6.3 (14) central services administrative specialist senior;
6.4 (15) certified occupational therapy assistant 1;
6.5 (16) certified occupational therapy assistant 2;
6.6 (17) chaplain;
6.7 (18) client advocate;
6.8 (19) clinical program therapist 1;
6.9 (20) clinical program therapist 2;
6.10 (21) clinical program therapist 3;
6.11 (22) clinical program therapist 4;
6.12 (23) cook;
6.13 (24) cook coordinator;
6.14 (25) corrections chief cook;
6.15 (26) corrections discipline unit supervisor;
6.16 (27) corrections food services supervisor;
6.17 (28) corrections industries production supervisor;
6.18 (29) corrections inmate program coordinator;
6.19 (30) corrections manufacturing specialist-tool and die;
6.20 (31) corrections manufacturing specialist-engraving and drafting;
6.21 (32) corrections manufacturing specialist-graphics;
6.22 (33) corrections manufacturing specialist-light assembly;
6.23 (34) corrections manufacturing specialist-light manufacturing;
6.24 (35) corrections manufacturing specialist-mechanical;
6.25 (36) corrections manufacturing specialist-sales and service;
6.26 (37) corrections manufacturing specialist-transportation and warehouse;
6.27 (38) corrections manufacturing specialist-wood;
6Sec. 6.
REVISOR VH/CH 25-0553304/24/25 7.1 (39) corrections security caseworker;
7.2 (40) corrections security caseworker career;
7.3 (41) corrections teaching assistant;
7.4 (42) corrections transitions program coordinator;
7.5 (43) culinary supervisor; and
7.6 (44) customer services specialist principal.
7.7 Subd. 4.Employment positions D to M.Employment positions with a title that begins
7.8with the letters "D" to "M":
7.9 (1) delivery van driver;
7.10 (2) dental assistant;
7.11 (3) dental hygienist;
7.12 (4) dentist;
7.13 (5) electrical/electronics specialist;
7.14 (6) electrician;
7.15 (7) electrician lead;
7.16 (8) electrician master of record;
7.17 (9) electrician supervisor;
7.18 (10) food service supervisor;
7.19 (11) food service worker;
7.20 (12) general maintenance worker;
7.21 (13) general maintenance worker lead;
7.22 (14) general repair worker;
7.23 (15) groundskeeper senior;
7.24 (16) group supervisor;
7.25 (17) group supervisor assistant;
7.26 (18) human services support specialist;
7.27 (19) institution maintenance lead worker;
7Sec. 6.
REVISOR VH/CH 25-0553304/24/25 8.1 (20) laborer trades and equipment;
8.2 (21) library technician;
8.3 (22) library/information resource services specialist;
8.4 (23) library/information resource services specialist supervisor;
8.5 (24) licensed alcohol/drug counselor;
8.6 (25) licensed practical nurse;
8.7 (26) machinery repair worker;
8.8 (27) maintenance machinist;
8.9 (28) management analyst 3;
8.10 (29) mason;
8.11 (30) medical assistant, certified; and
8.12 (31) music therapist.
8.13 Subd. 5.Employment positions O to R.Employment positions with a title that begins
8.14with the letters "O" to "R":
8.15 (1) occupational therapist;
8.16 (2) occupational therapist senior;
8.17 (3) painter;
8.18 (4) painter lead;
8.19 (5) physical therapist;
8.20 (6) plant maintenance engineer;
8.21 (7) plant maintenance engineer lead;
8.22 (8) plumber;
8.23 (9) plumber chief;
8.24 (10) plumber master in charge;
8.25 (11) plumber supervisor;
8.26 (12) psychiatric advanced practice registered nurse;
8.27 (13) psychologist 1;
8Sec. 6.
REVISOR VH/CH 25-0553304/24/25 9.1 (14) psychologist 2;
9.2 (15) psychologist 3;
9.3 (16) recreation program assistant;
9.4 (17) recreation therapist;
9.5 (18) recreation therapist coordinator;
9.6 (19) recreation therapist senior;
9.7 (20) refrigeration mechanic;
9.8 (21) registered nurse;
9.9 (22) registered nurse advanced practice;
9.10 (23) registered nurse principal;
9.11 (24) registered nurse senior;
9.12 (25) rehabilitation counselor senior; and
9.13 (26) residential program lead.
9.14 Subd. 6.Employment positions S to W.Employment positions with a title that begins
9.15with the letters "S" to "W":
9.16 (1) security supervisor;
9.17 (2) sentencing to service crew leader, institution community work crews;
9.18 (3) skills development specialist;
9.19 (4) social work specialist;
9.20 (5) social work specialist senior-human services;
9.21 (6) social worker senior;
9.22 (7) special education program assistant;
9.23 (8) special teacher: doctoral;
9.24 (9) special teacher: master of arts/master of science/five-year+teachers license;
9.25 (10) special teacher: five-year career technical credential;
9.26 (11) special teacher: five-year career technical credential+10 credits;
9.27 (12) special teacher: five-year career technical credential+20 credits;
9Sec. 6.
REVISOR VH/CH 25-0553304/24/25 10.1 (13) special teacher: five-year career technical credential+30 credits;
10.2 (14) special teacher: five-year career technical credential+40 credits;
10.3 (15) special teacher: five-year career technical credential+50 credits;
10.4 (16) special teacher: bachelor of arts/bachelor of science+teachers license;
10.5 (17) special teacher: bachelor of arts/bachelor of science+teachers license+10 credits;
10.6 (18) special teacher: bachelor of arts/bachelor of science+teachers license+20 credits;
10.7 (19) special teacher: bachelor of arts/bachelor of science+teachers license+30 credits;
10.8 (20) special teacher: bachelor of arts/bachelor of science+teachers license+40 credits;
10.9 (21) special teacher: career technical credential;
10.10 (22) special teacher: master of arts/master of science+teachers license+10 graduate
10.11credits;
10.12 (23) special teacher: master of arts/master of science+teachers license+20 graduate
10.13credits;
10.14 (24) special teacher: master of arts/master of science+teachers license+30 graduate
10.15credits;
10.16 (25) special teacher: no degree/teachers license;
10.17 (26) speech pathology clinician;
10.18 (27) sports medicine specialist;
10.19 (28) work therapy assistant;
10.20 (29) work therapy program coordinator; and
10.21 (30) work therapy technician.
10.22 Subd. 7.Former employees of Minnesota Specialty Health System-Cambridge.A
10.23Department of Human Services or Direct Care and Treatment employee who was employed
10.24at the Minnesota Specialty Health System-Cambridge immediately preceding the 2014
10.25conversion to community-based homes and was in covered correctional service at the time
10.26of the transition will continue to be covered by the correctional employees retirement plan
10.27while employed in the direct care and treatment of patients by and without a break in service
10.28with the Department of Human Services or Direct Care and Treatment.
10Sec. 6.
REVISOR VH/CH 25-0553304/24/25 11.1 Sec. 7. [352.907] PLAN COVERAGE CHANGES.
11.2 Subdivision 1.Correctional plan membership committee.(a) A correctional plan
11.3membership committee is established to make determinations regarding changes to
11.4employment positions and to coverage of employees.
11.5 (b) The members of the correctional plan membership committee are:
11.6 (1) the commissioner or the commissioner's designee;
11.7 (2) the chief executive officer or the chief executive officer's designee;
11.8 (3) the executive director or the executive director's designee;
11.9 (4) the commissioner of management and budget or the commissioner's designee;
11.10 (5) one representative from each employee organization that represents one or more
11.11employees of the Department of Corrections or Direct Care and Treatment and who are
11.12covered by the correctional employees retirement plan;
11.13 (6) the human resources director or the director's designee from the Department of
11.14Corrections; and
11.15 (7) the human resources director or the director's designee from Direct Care and
11.16Treatment.
11.17 (c) A member of the correctional plan membership committee under paragraph (b),
11.18clause (5), need not attend a meeting of the committee if none of the employees represented
11.19by the employee organization will be impacted by any action to be taken by the committee
11.20at the meeting.
11.21 (d) If the executive director has received one or more requests for changes to the title
11.22of an employment position, the addition or removal of an employment position from the
11.23lists in section 352.905, or the commencement or cessation of coverage of an employee by
11.24the correctional employees retirement plan, the executive director must convene the
11.25correctional plan membership committee at least as frequently as once every calendar quarter.
11.26If the executive director has not received any requests during a calendar quarter, the executive
11.27director is not required to convene a meeting.
11.28 (e) The human resources directors of the Department of Corrections and Direct Care
11.29and Treatment must retain each request to the correctional plan membership committee and
11.30the related documentation and final determination for an employee or employment position
11.31in their respective department or agency.
11Sec. 7.
REVISOR VH/CH 25-0553304/24/25 12.1 Subd. 2.Change in the title of an employment position.(a) No later than 60 days
12.2before the effective date of a change in the title of an employment position listed in section
12.3352.905, the Department of Corrections or Direct Care and Treatment, as applicable, must
12.4submit a request to the commissioner of management and budget to review the title change
12.5and determine whether the responsibilities of the employment position have changed. The
12.6commissioner of management and budget must provide a response to the Department of
12.7Corrections or Direct Care and Treatment, as applicable, by the effective date of the change.
12.8 (b) If the commissioner of management and budget determines that the responsibilities
12.9of the employment position have not changed or the responsibilities of the employment
12.10position have changed but the changes do not affect the eligibility of the employment position
12.11for coverage by the correctional employees retirement plan, the department or agency, as
12.12applicable, must:
12.13 (1) submit the title change to the executive director of the Legislative Commission on
12.14Pensions and Retirement before the start of the next legislative session and request legislation
12.15to replace the title in section 352.905 with the new title; and
12.16 (2) notify each employee in the employment position no later than 30 days after the
12.17effective date of the title change that the title change will not affect the continued coverage
12.18of the employee by the correctional employees retirement plan and that the department or
12.19agency, as applicable, has submitted a request to the legislature to change the title in section
12.20352.905.
12.21 (c) If the commissioner of management and budget determines that the responsibilities
12.22of the employment position have changed and the changes result in the employment position
12.23no longer being qualified for coverage by the correctional employees retirement plan, the
12.24employer must:
12.25 (1) submit a request to the correctional plan membership committee for confirmation
12.26that the employment position must be removed from the lists of employment positions in
12.27section 352.905; and
12.28 (2) notify each employee in the employment position no later than 30 days after the
12.29effective date of the title change that a determination was made by the commissioner of
12.30management and budget that, because the responsibilities of the employment position have
12.31changed, the employment position and all employees in the employment position are no
12.32longer eligible for coverage by the correctional employees retirement plan subject to
12.33confirmation by the correctional plan membership committee.
12Sec. 7.
REVISOR VH/CH 25-0553304/24/25 13.1 Subd. 3.Transfers to new eligible facility or eligible program.(a) If the Department
13.2of Corrections or Direct Care and Treatment adds a facility to the list of eligible facilities
13.3under section 352.901, subdivision 8, or a program to the list of eligible programs under
13.4section 352.901, subdivision 9, and the department or agency, as applicable, responsible
13.5for the new facility or program transfers a state employee who was rendering covered
13.6correctional service under section 352.905 to the new facility or program, the state employee
13.7must continue to be covered by the correctional employees retirement plan if the employee
13.8is employed in the same employment position at the new facility or in the new program.
13.9 (b) The employee continues to be covered by the correctional employees retirement plan
13.10unless the department or agency, as applicable, completes the process under subdivision 5
13.11and the correctional plan membership committee has determined that the employee no
13.12longer qualifies for coverage.
13.13 Subd. 4.Procedures for making employment position changes.(a) The correctional
13.14plan membership committee must consider requests to add or remove an employment
13.15position listed in section 352.905, subdivisions 3 to 6, or to confirm a determination under
13.16subdivision 2 by the commissioner of management and budget that, because the
13.17responsibilities of the employment position have changed, the employment position and all
13.18employees in the employment position are no longer eligible for coverage by the correctional
13.19employees retirement plan.
13.20 (b) An employee, employee organization, or employer may submit a request to the
13.21correctional plan membership committee to add an employment position to section 352.905,
13.22subdivisions 3 to 6. The correctional plan membership committee may determine that an
13.23employment position must be added if the committee determines that at least one employee
13.24in the employment position satisfies the direct contact requirement.
13.25 (c) The correctional plan membership committee may, at the request of an employer,
13.26determine under this subdivision or confirm a determination under subdivision 2, clause
13.27(2), that an employment position must be removed from the lists in section 352.905,
13.28subdivisions 3 to 6, if the committee determines that no employee in the employment
13.29classification satisfies the direct contact requirement.
13.30 (d) The correctional plan membership committee must include an effective date in any
13.31determination to add or remove an employment position from the lists in section 352.905,
13.32subdivisions 3 to 6. The effective date may be retroactive for a determination to add an
13.33employment position.
13Sec. 7.
REVISOR VH/CH 25-0553304/24/25 14.1 (e) If the correctional plan membership committee determines that an employment
14.2position must be added to or removed from the lists of employment positions in section
14.3352.905, subdivisions 3 to 6, the department or agency affected by the determination must
14.4submit the employment position change to the executive director of the Legislative
14.5Commission on Pensions and Retirement before the start of the next legislative session and
14.6request legislation to make the change.
14.7 (f) After making a determination that an employment position must be added to or
14.8removed from the lists of employment positions in section 352.905, subdivisions 3 to 6, the
14.9correctional plan membership committee must designate a member of the committee to
14.10communicate the committee's determination to all affected employees no later than ten days
14.11after the date of the meeting at which the determination was made and inform the employees
14.12of the right to appeal the determination under subdivision 6.
14.13 Subd. 5.Procedures for adding or ceasing coverage for employees.(a) The correctional
14.14plan membership committee must consider requests to provide coverage by the correctional
14.15employees retirement plan to an employee in an employment position listed in section
14.16352.905, subdivisions 3 to 6, or to cease coverage of an employee.
14.17 (b) An employee, an employee's employee organization, or an employee's manager may
14.18submit a request to the correctional plan membership committee to provide coverage to an
14.19employee in an employment position listed in section 352.905, subdivisions 3 to 6. The
14.20request may include a description of the extent of the physical hazard that the employee is
14.21routinely subjected to in the course of employment, the extent of intervention routinely
14.22expected of the employee in the event of a facility incident, and the extent the employee is
14.23routinely involved in the rehabilitation, treatment, custody, or supervision of patients, clients,
14.24or incarcerated persons. The request must include:
14.25 (1) a signed and dated position description for the employee's position; and
14.26 (2) a statement signed by the employer's human resources director or the director's
14.27designee and the commissioner or the chief executive officer, as applicable, that the employee
14.28satisfies the direct contact requirement.
14.29 (c) An employer may submit a request to the correctional plan membership committee
14.30to cease coverage of an employee. The request must include:
14.31 (1) a signed and dated position description for the employee's position; and
14.32 (2) a statement signed by the employee's employer that the employee no longer satisfies
14.33the direct contact requirement.
14Sec. 7.
REVISOR VH/CH 25-0553304/24/25 15.1 (d) The correctional plan membership committee must include an effective date in any
15.2determination that an employee must begin to receive coverage by the correctional employees
15.3retirement plan or that coverage must cease. The effective date may be retroactive to the
15.4date as of which the coverage requirements were first satisfied or were no longer met.
15.5 (e) After making a determination of coverage or no coverage for an employee, the
15.6correctional plan membership committee must designate a member of the committee to
15.7communicate the committee's determination to the affected employee no later than ten days
15.8after the date of the meeting at which the determination was made and inform the employee
15.9of the right to appeal the determination under subdivision 6.
15.10 Subd. 6.Right to appeal.(a) No later than 30 days after receiving a determination under
15.11subdivision 4 or 5, the affected employee may appeal a determination of the correctional
15.12plan membership committee by filing an appeal with the human resources manager of the
15.13department or agency, as applicable, in which the employee is employed. The appeal must
15.14include:
15.15 (1) the reasons for the appeal and rationale for a determination that the employee be
15.16covered by the correctional employees retirement plan; and
15.17 (2) new or additional information, if any, not previously submitted or considered by the
15.18correctional plan membership committee, including a new or revised position description
15.19and samples of work product.
15.20 (b) The appeal must be decided by the commissioner of corrections if the employee is
15.21an employee of the Department of Corrections or by the chief executive officer of Direct
15.22Care and Treatment if the employee is an employee of Direct Care and Treatment. The
15.23decision of the commissioner or chief executive officer, as applicable, is final.
15.24 (c) A determination not timely appealed under paragraph (a) is not entitled to further
15.25administrative or judicial review. A determination under subdivision 4 or 5 or an appeal
15.26decided under paragraph (b) may not be appealed under section 356.96.
15.27Sec. 8. [352.908] CORRECTION OF PLAN COVERAGE ERRORS.
15.28 Section 356.637 applies if an employee is erroneously covered by:
15.29 (1) the correctional employees retirement plan when the employee should have been
15.30covered by one of the other plans specified in section 356.637; or
15Sec. 8.
REVISOR VH/CH 25-0553304/24/25 16.1 (2) a plan specified in section 356.637, other than the correctional employees retirement
16.2plan, when the employee should have been covered by the correctional employees retirement
16.3plan.
16.4 Sec. 9. Minnesota Statutes 2024, section 352.93, subdivision 1, is amended to read:
16.5 Subdivision 1.Basis of annuity; when to apply.After separation from state service,
16.6an employee covered under section 352.91 352.905 who has reached age 55 years and is
16.7vested under section 352.925, is entitled upon application to a retirement annuity under this
16.8section, based only on covered correctional employees' service. Application may be made
16.9no earlier than 60 days before the date the employee is eligible to retire by reason of both
16.10age and service requirements.
16.11Sec. 10. Minnesota Statutes 2024, section 352.955, subdivision 1, is amended to read:
16.12 Subdivision 1.Election to transfer prior MSRS-general service credit.(a) An eligible
16.13employee described in paragraph (b) may elect to transfer service credit in the general state
16.14employees retirement plan of the Minnesota State Retirement System to the correctional
16.15state employees retirement plan for eligible prior correctional employment.
16.16 (b) An eligible employee is a person who is covered by legislation implementing the
16.17recommendations under section 352.91, subdivision 4a the correctional plan membership
16.18committee determines is entitled to coverage by the correctional employees retirement plan
16.19under section 352.907.
16.20 (c) Eligible prior correctional employment is employment covered by the general state
16.21employees retirement plan of the Minnesota State Retirement System, is continuous service,
16.22and is certified by the commissioner of corrections and the Direct Care and Treatment
16.23executive board, whichever applies, and by the commissioner of management and budget
16.24to the executive director of the Minnesota State Retirement System as service that would
16.25qualify for correctional state employees retirement plan coverage under section 352.91
16.26352.905, if the service had been rendered after the date of coverage transfer.
16.27 (d) The election to transfer past service credit under this section must be made in writing
16.28by the applicable person on a form prescribed by the executive director of the Minnesota
16.29State Retirement System and must be filed with the executive director of the Minnesota
16.30State Retirement System on or before the one year anniversary of the coverage transfer or
16.31the date of the eligible employee's termination of state employment, whichever is earlier.
16Sec. 10.
REVISOR VH/CH 25-0553304/24/25 17.1 Sec. 11. REPEALER.
17.2 Minnesota Statutes 2024, section 352.91, subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 3g, 3h,
17.33i, 3j, 4a, 4b, 4c, and 6, are repealed.
17.4 Sec. 12. EFFECTIVE DATE.
17.5 Sections 1 to 11 are effective January 1, 2026.
17Sec. 12.
REVISOR VH/CH 25-0553304/24/25 352.91 COVERED CORRECTIONAL SERVICE.
Subdivision 1.Qualifying jobs."Covered correctional service" means service performed by a
state employee, as defined in section 352.01, employed at a state correctional facility, the
state-operated forensic services program, or the Minnesota Sex Offender Program as:
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
(4) a corrections officer supervisor;
(5) a corrections lieutenant;
(6) a corrections captain;
(7) a security counselor;
(8) a security counselor lead; or
(9) a corrections canine officer.
Subd. 2.Maintenance, correctional industry, and trades."Covered correctional service" also
means service rendered at any time by state employees as maintenance personnel, correctional
industry personnel, or members of trades certified by the commissioner of management and budget
to the executive director as being engaged for at least 75 percent of the employee's working time
in the rehabilitation, treatment, custody, or supervision of inmates at a Minnesota correctional
facility, or of patients in the state-operated forensic services program or the Minnesota Sex Offender
Program.
Subd. 2a.Special teachers."Covered correctional service" also means service rendered by a
state employee as a special teacher employed by the Department of Corrections or by Direct Care
and Treatment at a security unit, provided that at least 75 percent of the employee's working time
is spent in direct contact with inmates or patients and the fact of this direct contact is certified to
the executive director by the appropriate commissioner or executive board, unless the person elects
to retain the current retirement coverage under Laws 1996, chapter 408, article 8, section 21.
Subd. 3c.Nursing personnel.(a) "Covered correctional service" means service by a state
employee in one of the employment positions at a correctional facility, in the state-operated forensic
services program, or in the Minnesota Sex Offender Program that are specified in paragraph (b) if
at least 75 percent of the employee's working time is spent in direct contact with inmates or patients
and the fact of this direct contact is certified to the executive director by the appropriate commissioner
or executive board.
(b) The employment positions are as follows:
(1) registered nurse - senior;
(2) registered nurse;
(3) registered nurse - principal;
(4) licensed practical nurse;
(5) registered nurse advance practice; and
(6) psychiatric advance practice registered nurse.
Subd. 3d.Other correctional personnel.(a) "Covered correctional service" means service by
a state employee in one of the employment positions at a correctional facility or in the state-operated
forensic services program specified in paragraph (b) if at least 75 percent of the employee's working
time is spent in direct contact with inmates or patients and the fact of this direct contact is certified
to the executive director by the appropriate commissioner or executive board.
(b) The employment positions are:
(1) automotive mechanic;
(2) baker;
(3) central services administrative specialist, intermediate;
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APPENDIX
Repealed Minnesota Statutes: 25-05533 (4) central services administrative specialist, principal;
(5) chaplain;
(6) chief cook;
(7) clinical program therapist 1;
(8) clinical program therapist 2;
(9) clinical program therapist 3;
(10) clinical program therapist 4;
(11) cook;
(12) cook coordinator;
(13) corrections inmate program coordinator;
(14) corrections transitions program coordinator;
(15) corrections security caseworker;
(16) corrections security caseworker career;
(17) corrections teaching assistant;
(18) delivery van driver;
(19) dentist;
(20) electrician supervisor;
(21) general maintenance worker lead;
(22) general repair worker;
(23) library/information research services specialist;
(24) library/information research services specialist senior;
(25) library technician;
(26) painter lead;
(27) plant maintenance engineer lead;
(28) plumber supervisor;
(29) psychologist 1;
(30) psychologist 3;
(31) recreation therapist;
(32) recreation therapist coordinator;
(33) recreation program assistant;
(34) recreation therapist senior;
(35) sports medicine specialist;
(36) work therapy assistant;
(37) work therapy program coordinator; and
(38) work therapy technician.
Subd. 3e.Minnesota Specialty Health System-Cambridge.(a) "Covered correctional service"
means service by a state employee in one of the employment positions with the Minnesota Specialty
Health System-Cambridge specified in paragraph (b) if at least 75 percent of the employee's working
time is spent in direct contact with patients who are in the Minnesota Specialty Health
System-Cambridge and if service in such a position is certified to the executive director by the
Direct Care and Treatment executive board.
(b) The employment positions are:
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APPENDIX
Repealed Minnesota Statutes: 25-05533 (1) behavior analyst 1;
(2) behavior analyst 2;
(3) behavior analyst 3;
(4) group supervisor;
(5) group supervisor assistant;
(6) human services support specialist;
(7) residential program lead;
(8) psychologist 2;
(9) recreation program assistant;
(10) recreation therapist senior;
(11) registered nurse senior;
(12) skills development specialist;
(13) social worker senior;
(14) social worker specialist; and
(15) speech pathology specialist.
(c) A Department of Human Services or Direct Care and Treatment employee who was employed
at the Minnesota Specialty Health System-Cambridge immediately preceding the 2014 conversion
to the community-based homes and was in covered correctional service at the time of the transition
shall continue to be covered by the correctional employees retirement plan while employed by and
without a break in service with the Department of Human Services or Direct Care and Treatment
in the direct care and treatment of patients.
Subd. 3f.Additional Direct Care and Treatment personnel.(a) "Covered correctional service"
means service by a state employee in one of the employment positions specified in paragraph (b)
in the state-operated forensic services program or the Minnesota Sex Offender Program if at least
75 percent of the employee's working time is spent in direct contact with patients and the
determination of this direct contact is certified to the executive director by the commissioner of
human services or Direct Care and Treatment executive board.
(b) The employment positions are:
(1) baker;
(2) behavior analyst 2;
(3) behavior analyst 3;
(4) certified occupational therapy assistant 1;
(5) certified occupational therapy assistant 2;
(6) client advocate;
(7) clinical program therapist 2;
(8) clinical program therapist 3;
(9) clinical program therapist 4;
(10) cook;
(11) culinary supervisor;
(12) customer services specialist principal;
(13) dental assistant registered;
(14) dental hygienist;
(15) food service worker;
(16) food services supervisor;
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APPENDIX
Repealed Minnesota Statutes: 25-05533 (17) group supervisor;
(18) group supervisor assistant;
(19) human services support specialist;
(20) licensed alcohol and drug counselor;
(21) licensed practical nurse;
(22) management analyst 3;
(23) music therapist;
(24) occupational therapist;
(25) occupational therapist, senior;
(26) physical therapist;
(27) psychologist 1;
(28) psychologist 2;
(29) psychologist 3;
(30) recreation program assistant;
(31) recreation therapist lead;
(32) recreation therapist senior;
(33) rehabilitation counselor senior;
(34) residential program lead;
(35) security supervisor;
(36) skills development specialist;
(37) social worker senior;
(38) social worker specialist;
(39) social worker specialist, senior;
(40) special education program assistant;
(41) speech pathology clinician;
(42) substance use disorder counselor senior;
(43) work therapy assistant; and
(44) work therapy program coordinator.
Subd. 3g.Additional Corrections Department personnel.(a) "Covered correctional service"
means service by a state employee in one of the employment positions specified in paragraph (b)
if at least 75 percent of the employee's working time is spent in direct contact with inmates and the
determination of this direct contact is certified to the executive director by the commissioner of
corrections.
(b) The qualifying employment positions are:
(1) corrections discipline unit supervisor;
(2) dental assistant registered;
(3) dental hygienist;
(4) food service supervisor;
(5) medical assistant, certified;
(6) psychologist 2; and
(7) sentencing to service crew leader involved with the inmate community work crew program.
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APPENDIX
Repealed Minnesota Statutes: 25-05533 Subd. 3h.Employment occupation name changes.(a) If the occupational title of a state
employee covered by the Minnesota correctional employees retirement plan changes from the
applicable title listed in subdivision 1, 2, 2a, 3c, 3d, 3e, 3f, or 3g, qualification for coverage by the
correctional state employees retirement plan continues until the July 1 next following the title change
if the commissioner of management and budget certifies to the executive director of the Minnesota
State Retirement System and to the executive director of the Legislative Commission on Pensions
and Retirement that the duties, requirements, and responsibilities of the new occupational title are
substantially identical to the duties, requirements, and responsibilities of the prior occupational
title.
(b) If the commissioner of management and budget does not certify a new occupational title
under paragraph (a), eligibility for future correctional state employees retirement coverage terminates
as of the start of the first payroll period next following the effective date of the occupational title
change.
(c) For consideration by the Legislative Commission on Pensions and Retirement during the
legislative session next following an occupational title change involving a state employee in covered
correctional service, the commissioner of management and budget shall submit the applicable draft
proposed legislation reflecting the occupational title change covered by this section.
Subd. 3i.Lateral transfers to new correctional facilities.If a new correctional facility is
established, a state employee rendering covered correctional service immediately before the transfer
remains eligible for coverage by the correctional state employees retirement plan for future state
employment at the new facility if the person is employed in the same occupational title at the new
facility. The eligibility for future coverage continues until the July 1 next following the effective
date of the establishment of the new facility.
Subd. 3j.State-operated forensic services program.For purposes of this section, "state-operated
forensic services program" means the Minnesota Security Hospital, the forensic nursing home, the
forensic transition service, and the competency restoration program.
Subd. 4a.Process for evaluating and recommending potential employment positions for
membership inclusion.(a) The Department of Corrections and Direct Care and Treatment must
establish a procedure for evaluating periodic requests by department and agency employees for
qualification for recommendation by the commissioner or executive board for inclusion of the
employment position in the correctional facility or Direct Care and Treatment facility in the
correctional retirement plan and for periodically determining employment positions that no longer
qualify for continued correctional retirement plan coverage.
(b) The procedure must provide for an evaluation of the extent of the employee's working time
spent in direct contact with patients or inmates, the extent of the physical hazard that the employee
is routinely subjected to in the course of employment, and the extent of intervention routinely
expected of the employee in the event of a facility incident. The percentage of routine direct contact
with inmates or patients may not be less than 75 percent.
(c) The applicable commissioner or executive board shall notify the employee of the
determination of the appropriateness of recommending the employment position for inclusion in
the correctional retirement plan, if the evaluation procedure results in a finding that the employee:
(1) routinely spends 75 percent of the employee's time in direct contact with inmates or patients;
and
(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates or
patients.
(d) After providing the affected employee an opportunity to dispute or clarify any evaluation
determinations, if the commissioner or executive board determines that the employment position
is appropriate for inclusion in the correctional retirement plan, the commissioner or executive board
shall forward that recommendation and supporting documentation to the chair of the Legislative
Commission on Pensions and Retirement, the chair of the State and Local Governmental Operations
Committee of the senate, the chair of the Governmental Operations and Veterans Affairs Policy
Committee of the house of representatives, and the executive director of the Legislative Commission
on Pensions and Retirement in the form of the appropriate proposed legislation. The recommendation
must be forwarded to the legislature before January 15 for the recommendation to be considered
in that year's legislative session.
Subd. 4b.Department of Corrections; procedure for coverage change considerations.(a)
The commissioner of corrections shall appoint a standing review committee to review and determine
5R
APPENDIX
Repealed Minnesota Statutes: 25-05533 positions that should be included in legislative requests for correctional employees retirement plan
coverage under subdivision 4a.
(b) Periodically, the Department of Corrections will convene meetings of the review committee.
The review committee must review all requests and the supporting documentation for coverage by
the correctional employees retirement plan and must determine which classes or positions meet the
statutory requirements for coverage. The review committee also must determine if incumbents of
and recent retirees from classes or positions determined for inclusion in correctional employees
retirement plan coverage have prior Department of Corrections employment which also qualified
as correctional service and which should be transferred from the general state employees retirement
plan to the plan and the initial date for each potential service credit transfer.
(c) The review committee must evaluate and determine the eligibility date for initial plan
participation and all periods of eligibility in the correctional employees retirement plan.
(d) The department must provide a notice of each determination and of the employee's right to
appeal from the review committee to each employee who requested inclusion. Appeals must be
filed with the agency human resource manager within 30 days of the date of the notice of
determination.
(e) The commissioner of corrections shall appoint a standing appeals committee to hear appeals
of determinations for coverage. The appeal committee must include relevant department employees
and employee representatives. Appeal committee determinations are final.
(f) All positions approved for inclusion must be forwarded to the commissioner of corrections
for the preparation of legislation to implement the coverage change and submission. The
commissioner will submit a written recommendation documenting classes or positions that should
or should not be covered by the correctional employees retirement plan. Documentation of each
request and the final determination must be retained in the Department of Corrections' Office of
Human Resource Management.
Subd. 4c.Direct Care and Treatment; procedure for coverage change considerations.(a)
The Direct Care and Treatment executive board shall appoint a standing review committee to review
and determine classifications or positions that may be included in legislative requests for correctional
state employees retirement plan coverage under subdivision 4a.
(b) The agency's human resources director shall convene a meeting of the review committee
only at the request of a labor organization or a member of the agency's management team.
(c) The review committee must review all requests and the supporting documentation for
coverage by the correctional state employees retirement plan and must make a recommendation to
the executive board regarding which classifications or positions meet the statutory requirements
for coverage. The review committee must also make a recommendation to the executive board
regarding classifications or positions that no longer meet the statutory requirement for coverage by
the correctional state employees retirement plan and removal of the classification or position from
the applicable statute.
(d) The agency's human resources director must provide a notice of each determination and of
the employee's right to appeal the determination. Appeals must be filed with the agency's human
resources director within 30 days of the date of the notice of determination.
(e) The Direct Care and Treatment executive board shall review appeals of determinations for
coverage. The executive board's determinations are final.
(f) All classifications or positions recommended by the review committee for inclusion in or
exclusion from the correctional state employees retirement plan must be forwarded to the Direct
Care and Treatment executive board for the preparation of legislation to implement the coverage
change and submission. If the executive board determines that the employment position is appropriate
for inclusion in or exclusion from the correctional state employees retirement plan, the executive
board shall submit a written recommendation documenting classifications or positions that should
or should not be covered by the correctional state employees retirement plan. The agency's human
resources director must retain the documentation of each request and the final determination.
Subd. 6.Correction of plan coverage errors.If erroneous employee deductions and employer
contributions are caused by an error in plan coverage involving the correctional state employees
retirement plan and any other plan specified in section 356.637, that section applies.
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APPENDIX
Repealed Minnesota Statutes: 25-05533