LCPR05‑061
1.1 M ............... moves to amend S.F. No. ....; H.F. No.
1.2 853, as follows:
1.3 Page 3, after line 5, insert:
1.4 "Sec. 2. Minnesota Statutes 2004, section 422A.03,
1.5 subdivision 1, is amended to read:
1.6 Subdivision 1. MEETINGS; EMPLOYEES. The retirement board
1.7 shall meet on the third Tuesday of each calendar month of each
1.8 year and may adjourn from time to time. Special meetings may be
1.9 held upon the call of the president. The board shall, by a
1.10 four‑sevenths vote of all members of the board, appoint an
1.11 executive director, who shall have charge of the performance of
1.12 the duties required by the provisions of sections 422A.01 to
1.13 422A.25, and who shall appoint other necessary employees to
1.14 positions approved in advance by the board. If at the time of
1.15 appointment as executive director the appointee holds a position
1.16 subject to the civil service rules and regulations of the city
1.17 the appointee shall be deemed to be on leave of absence from the
1.18 civil service position during tenure as executive director, and
1.19 upon termination of service shall be returned to the appointee's
1.20 permanent civil service classification. If no vacancy is
1.21 available in the appointee's permanent civil service classified
1.22 position, seniority shall prevail, and the person most recently
1.23 certified to the position shall be returned to the permanent
1.24 civil service classification held prior to such certification.
1.25 Sec. 3. Minnesota Statutes 2004, section 422A.05, is
1.26 amended by adding a subdivision to read:
1.27 Subd. 1a. ADMINISTRATION. (a) The administrative duties
1.28 of the retirement plan must be performed by the administrative
1.29 staff of the Public Employees Retirement Association.
1.30 (b) The board, in consultation with the board of the Public
1.31 Employees Retirement Association, must establish a budget for
1.32 plan administrative services. The budget is subject to review
1.33 by the commissioner of finance.
1.34 (c) The necessary and reasonable expenses of the public
1.35 employees retirement association in administering the plan are
1.36 payable from the assets of the plan.
2.1 Sec. 4. Minnesota Statutes 2004, section 422A.05,
2.2 subdivision 2a, is amended to read:
2.3 Subd. 2a. FIDUCIARY DUTY. (a) In the discharge of their
2.4 respective duties, the members of the board, the executive
2.5 director, the board staff of the Public Employees Retirement
2.6 Association, and any person charged with the responsibility of
2.7 servicing assets of the funds pursuant to the standards set
2.8 forth in this chapter shall act in good faith and shall exercise
2.9 that degree of judgment and care, under circumstances then
2.10 prevailing, which persons of prudence, discretion, and
2.11 intelligence exercise in the management of their own affairs,
2.12 not for speculation, but for investment, considering the
2.13 probable safety of their capital as well as the probable income
2.14 to be derived therefrom. In addition, the members of the board
2.15 and the chief administrative officer shall act in a manner
2.16 consistent with chapter 356A.
2.17 (b) Individuals authorized by the board to manage or invest
2.18 the assets of the funds must act in a manner consistent with
2.19 chapter 356A. In addition, these individuals must act in good
2.20 faith and exercise that degree of judgment, skill, diligence,
2.21 and care, under the circumstances then prevailing, that persons
2.22 of prudence, discretion, and intelligence acting in a like
2.23 capacity and familiar with the activity would exercise."
2.24 Page 3, after line 26, insert:
2.25 "Sec. 6. Minnesota Statutes 2004, section 422A.05,
2.26 subdivision 5, is amended to read:
2.27 Subd. 5. PAYMENTS; REVOLVING FUND. All payments from the
2.28 funds created by sections 422A.01 to 422A.25 shall must be
2.29 signed by the treasurer, and the executive director, or other
2.30 person appointed by the retirement board, of the Public
2.31 Employees Retirement Association and no payment shall may be
2.32 made except by order of the board duly entered in the record of
2.33 its proceedings, except that the board may create a revolving
2.34 fund in an amount as may be necessary to be used for the purpose
2.35 of withdrawals from the fund of excess contributions; refunds to
2.36 employees upon their separation from the service and for other
3.1 purposes as may be determined by the board. The revolving fund
3.2 shall be periodically reimbursed as set forth herein. It shall
3.3 be subject to withdrawal upon check signed by the executive
3.4 director, or other person appointed by the board.
3.5 Sec. 7. Minnesota Statutes 2004, section 422A.05,
3.6 subdivision 8, is amended to read:
3.7 Subd. 8. HEALTH INSURANCE. The retirement board may
3.8 authorize the executive director or the executive director's
3.9 designee to of the Public Employees Retirement Association:
3.10 (1) offer the beneficiaries of the fund the option of
3.11 having their health insurance premiums deducted automatically
3.12 from their monthly benefit amounts and paid to a designated
3.13 insurer; and
3.14 (2) provide beneficiaries information about available group
3.15 health insurance plan options.
3.16 Beneficiaries who elect to avail themselves of this service
3.17 are ultimately responsible for the timely payment of premiums
3.18 and the payment of premiums in the proper amount."
3.19 Page 6, line 33, delete "section" and insert "sections
3.20 422A.03, subdivisions 2 and 5; and"
3.21 Renumber the sections in sequence
3.22 Correct the internal references
3.23 Amend the title accordingly