1.1 	A bill for an act
1.2 	relating to retirement; permitting certain employees of the Minneapolis 
1.3 	Firefighters Relief Association and Police Relief Association to be members of 
1.4 	the Public Employees Retirement Association;amending Minnesota Statutes 
1.5 	2008, section 353.01, subdivision 6.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 353.01, subdivision 6, is amended to read:
1.8 		Subd. 6.Governmental subdivision. (a) "Governmental subdivision" means a 
1.9 	county, city, town, school district within this state, or a department, unit or instrumentality 
1.10 	of state or local government, or any public body established under state or local 
1.11 	authority that has a governmental purpose, is under public control, is responsible for the 
1.12 	employment and payment of the salaries of employees of the entity, and receives a major 
1.13 	portion of its revenues from taxation, fees, assessments or from other public sources.
1.14 	(b) Governmental subdivision also means the Public Employees Retirement 
1.15 	Association, the League of Minnesota Cities, the Association of Metropolitan 
1.16 	Municipalities, charter schools formed under section 124D.10, service cooperatives 
1.17 	exercising retirement plan participation under section 123A.21, subdivision 5, joint powers 
1.18 	boards organized under section 471.59, subdivision 11, paragraph (a), family service 
1.19 	collaboratives and children's mental health collaboratives organized under section 471.59, 
1.20 	subdivision 11, paragraph (b) or (c), provided that the entities creating the collaboratives 
1.21 	are governmental units that otherwise qualify for retirement plan membership, public 
1.22 	hospitals owned or operated by, or an integral part of, a governmental subdivision or 
1.23 	governmental subdivisions, the Association of Minnesota Counties, the Minnesota 
1.24 	Inter-county Association, the Minnesota Municipal Utilities Association, the Metropolitan 
1.25 	Airports Commission, the University of Minnesota with respect to police officers covered 
2.1 	by the public employees police and fire retirement plan, the Minneapolis Employees 
2.2 	Retirement Fund for employment initially commenced after June 30, 1979, the Range 
2.3 	Association of Municipalities and Schools, soil and water conservation districts, economic 
2.4 	development authorities created or operating under sections 469.090 to 469.108, the Port 
2.5 	Authority of the city of St. Paul, the Spring Lake Park Fire Department, incorporated, 
2.6 	the Lake Johanna Volunteer Fire Department, incorporated, the Red Wing Environmental 
2.7 	Learning Center, the Dakota County Agricultural Society, and Hennepin Healthcare 
2.8 	System, Inc., the Minneapolis Firefighters Relief Association, and the Minneapolis Police 
2.9 	Relief Association.
2.10 	(c) Governmental subdivision does not mean any municipal housing and 
2.11 	redevelopment authority organized under the provisions of sections 469.001 to 469.047; 
2.12 	or any port authority organized under sections 469.048 to 469.089 other than the Port 
2.13 	Authority of the city of St. Paul; or any hospital district organized or reorganized prior 
2.14 	to July 1, 1975, under sections 447.31 to 447.37 or the successor of the district; or the 
2.15 	board of a family service collaborative or children's mental health collaborative organized 
2.16 	under sections 124D.23, 245.491 to 245.495, or 471.59, if that board is not controlled 
2.17 	by representatives of governmental units.
2.18 	(d) A nonprofit corporation governed by chapter 317A or organized under Internal 
2.19 	Revenue Code, section 501(c)(3), which is not covered by paragraph (a) or (b), is not a 
2.20 	governmental subdivision unless the entity has obtained a written advisory opinion from 
2.21 	the United States Department of Labor or a ruling from the Internal Revenue Service 
2.22 	declaring the entity to be an instrumentality of the state so as to provide that any future 
2.23 	contributions by the entity on behalf of its employees are contributions to a governmental 
2.24 	plan within the meaning of Internal Revenue Code, section 414(d).
2.25 	(e) A public body created by state or local authority may request membership on 
2.26 	behalf of its employees by providing sufficient evidence that it meets the requirements in 
2.27 	paragraph (a).
2.28 	(f) An entity determined to be a governmental subdivision is subject to the reporting 
2.29 	requirements of this chapter upon receipt of a written notice of eligibility from the 
2.30 	association.

2.31 	Sec. 2. EFFECTIVE DATE.
 2.32 	Section 1 is effective the day following final enactment.