piers109uk/MN-Statutes huggingface dataset:
358.57 IDENTIFICATION OF INDIVIDUAL.
A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(1) by means of:
(i) a passport, driver's license, or government-issued nondriver identification card that is currently valid; or
(ii) another form of government identification issued to an individual that is currently valid, contains the individual's signature or a photograph of the individual, and is satisfactory to the officer; or
(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act.
A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
352.90 POLICY.
It is the policy of the legislature to provide special retirement benefits for and special contributions by certain correctional employees who may be required to retire at an early age because they lose the mental or physical capacity required to maintain the safety, security, discipline, and custody of inmates at state correctional facilities; of patients in the state-operated forensic services program, which is comprised of the Minnesota Security Hospital, the forensic nursing home, the forensic transition service, and the competency restoration program; of patients in the Minnesota Sex Offender Program; or of patients in the Minnesota Specialty Health System-Cambridge.
358.58 AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.
A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute the record; or
(2) the individual's signature is knowingly and voluntarily made.
A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than sections 358.51 to 358.76.
358.59 SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.
If an individual is physically unable to sign a record, the individual's signature may be obtained in the manner provided in section 645.44, subdivision 14.
352.911 CORRECTIONAL EMPLOYEES RETIREMENT FUND.
There is created a special fund to be known as the correctional employees retirement fund.
Employee contributions under section 352.92, subdivision 1, and employer contributions under section 352.92, subdivision 2, and other amounts, including any investment income on invested fund assets as authorized by law, shall be deposited in the fund.
The assets of the fund must be deposited in the Minnesota combined investment funds as provided in section 11A.14, if applicable, or otherwise under section 11A.23.
The collection of employee and employer contributions shall be governed by the applicable procedures set forth in section 352.04, subdivisions 4, 5, 6, 8, and 9.
The correctional employees retirement fund must be disbursed only for the purposes provided for in the applicable provisions in this chapter. The proportional share of the expenses of the system and any benefits provided in section 352.90 must be paid from the correctional employees retirement fund. The retirement allowances, retirement annuities, the disability benefits, the survivorship benefits, and any refunds of accumulated deductions must be paid from the correctional employees retirement fund. The amounts necessary to make the payments from the correctional employees retirement fund are annually appropriated from that fund for those purposes.
352.92 CORRECTIONAL EMPLOYEE CONTRIBUTIONS.
(a) Employee contributions of covered correctional employees must be in an amount equal to the following percent of salary:
(b) These contributions must be made by deduction from salary as provided in section 352.04, subdivision 4.
(c) Contribution increases under paragraph (a) must be paid starting the first day of the first full pay period after the effective date of the increase.
(a) The employer shall contribute for covered correctional employees an amount equal to the following percent of salary:
(b) Contribution increases under paragraph (a) must be paid starting the first day of the first full pay period after the effective date of the increase.
(a) Effective July 1, 2019, the employer shall pay a supplemental contribution. The supplemental contribution is 1.45 percent of salary for covered correctional employees from July 1, 2019, through June 30, 2020; 2.95 percent of salary for covered correctional employees from July 1, 2020, through June 30, 2021; and 4.45 percent of salary for covered correctional employees thereafter. The supplemental contribution rate of 4.45 percent remains in effect until, for three consecutive years, the market value of the assets of the correctional state employees retirement plan of the Minnesota State Retirement System equals or exceeds the actuarial accrued liability of the plan as determined by the actuary retained under section 356.214. The expiration of the supplemental employer contribution is effective the first day of the first full pay period of the fiscal year immediately following the issuance of the third actuarial valuation upon which the expiration is based.
(b) The supplemental contribution under paragraph (a) must be paid starting the first day of the first full pay period after June 30, 2018.
The Minnesota State Retirement System shall administer the correctional employees retirement plan established by sections 352.90 to 352.951 in accordance with this chapter and chapters 356 and 356A.
353.46 SAVINGS CLAUSES.
[Repealed, 1981 c 180 s 18]
[Repealed, 2010 c 359 art 5 s 28]
(a) The entitlement of a deferred annuitant or other former member of the general employees retirement plan of the Public Employees Retirement Association, the public employees police and fire retirement plan, or the local government correctional employees retirement plan to receive an annuity under the law in effect at the time the person terminated public service is preserved.
(b) The entitlement of a deferred annuitant or former member of the Minneapolis Employees Retirement Fund, upon merger with the general employees retirement plan of the Public Employees Retirement Association, continues under the provisions of Minnesota Statutes 2008, section 422A.16.
[Repealed, 1977 c 429 s 65]
[Repealed, 1Sp2005 c 8 art 10 s 81]
[Repealed, 1973 c 753 s 85]
Any coordinated member of the general employees retirement plan of the Public Employees Retirement Association who, before July 1, 1979, was a member of the former coordinated program of the former Minneapolis Municipal Employees Retirement Fund and who, before July 1, 1978, was a member of the basic program of the Minneapolis Municipal Employees Retirement Fund is entitled to receive a retirement annuity when otherwise qualified, the calculation of which must utilize the formula accrual rates specified in Minnesota Statutes 2008, section 422A.15, subdivision 1, for that portion of credited service which was rendered before July 1, 1978, and the formula accrual rates specified in section 353.29, subdivision 3, for the remainder of credited service, both applied to the average salary as specified in section 353.01, subdivision 17a. The formula accrual rates to be used in calculating the retirement annuity must recognize the service after July 1, 1978, as a member of the former coordinated program of the former Minneapolis Municipal Employees Retirement Fund and after July 1, 1979, as a member of the general employees retirement plan of the Public Employees Retirement Association as a continuation of service rendered before July 1, 1978. The annuity amount attributable to service as a member of the basic program of the former Minneapolis Municipal Employees Retirement Fund and the annuity amount attributable to all other service is payable from the general employees retirement fund of the Public Employees Retirement Association.
358.60 NOTARIAL ACT IN THIS STATE.
A notarial act may be performed in this state by:
(1) a notary public of this state;
(2) a judge, clerk, or deputy clerk of a court of this state; or
(3) any other individual authorized to perform the specific act by the law of this state.
The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
The signature and title of a notarial officer described in subdivision 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act.
352.925 VESTING.
(a) "Vesting" means obtaining a nonforfeitable entitlement to an annuity or benefit from the correctional state employees retirement plan by having credit for sufficient allowable service under paragraph (b) or (c), whichever applies.
(b) A member who first became a member of the correctional state employees retirement plan before July 1, 2010, is vested when the person has accrued credit for not less than three years of allowable service as defined under section 352.01, subdivision 11.
(c) A member who first becomes a member of the correctional state employees retirement plan after June 30, 2010, is vested at the following percentages when the person has accrued credited allowable service as defined under section 352.01, subdivision 11, as follows:
(i) 50 percent after five years;
(ii) 60 percent after six years;
(iii) 70 percent after seven years;
(iv) 80 percent after eight years;
(v) 90 percent after nine years; and
(vi) 100 percent after ten years.
358.61 NOTARIAL ACT IN ANOTHER STATE.
A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
(1) a notary public of that state;
(2) a judge, clerk, or deputy clerk of a court of that state; or
(3) any other individual authorized by the law of that state to perform the notarial act.
The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
The signature and title of a notarial officer described in subdivision 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act.
352.93 RETIREMENT ANNUITY.
After separation from state service, an employee covered under section 352.91 who has reached age 55 years and is vested under section 352.925, is entitled upon application to a retirement annuity under this section, based only on covered correctional employees' service. Application may be made no earlier than 60 days before the date the employee is eligible to retire by reason of both age and service requirements.
The monthly annuity under this section must be determined by multiplying the average monthly salary by the number of years, or completed months, of covered correctional service by 2.4 percent if employed as a correctional state employee before July 1, 2010, or 2.2 percent if employed as a correctional state employee after June 30, 2010.
Any covered correctional employee who becomes at least 50 years old and is vested under section 352.925, is entitled upon application to a reduced retirement annuity equal to the annuity calculated under subdivision 2, reduced by two-tenths of one percent for each month that the correctional employee is under age 55 at the time of retirement if first employed as a correctional state employee before July 1, 2010, and if retired before July 1, 2015, or reduced by 0.417 percent for each month that the correctional employee is under age 55 at the time of retirement if first employed as a correctional state employee after June 30, 2010, or if first employed as a correctional state employee before July 1, 2010, and if retired after June 30, 2015.
The annuity under this section must begin to accrue as provided in section 352.115, subdivision 8.
The board may establish optional annuity forms to pay a higher amount from the date of retirement until an employee is first eligible to draw Social Security benefits, reaches age 65, or reaches the age the employee is eligible to receive unreduced Social Security benefits, at which time the monthly benefits must be reduced. The optional annuity forms must be actuarially equivalent to the normal single life annuity form provided in subdivision 2. The optional annuity forms must be certified as actuarially equivalent by the actuary retained under section 356.214.
A former employee who has both regular and correctional service shall, if qualified, receive an annuity based on both periods of service under applicable sections of law but no period of service shall be used more than once in calculating the annuity.
[Repealed, 1983 c 128 s 36]
[Repealed, 1983 c 128 s 36]
A retirement annuity under this section is eligible for postretirement adjustments under section 356.415.
353.50 MERF CONSOLIDATION ACCOUNT; ESTABLISHMENT AND OPERATION.
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
(a) Retired, disabled, deferred, and inactive member benefits. The annuities and benefits of, or attributable to, retired, disabled, deferred, or inactive members of the former MERF division, as calculated under Minnesota Statutes 2008, sections 422A.11; 422A.12; 422A.13; 422A.14; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16; 422A.17; 422A.18; 422A.19; 422A.20; and 422A.23, continue in force and are payable from the general employees retirement plan.
(b) Benefits; benefit eligibility for active members. Persons who were active members covered by the former MERF division on December 31, 2014, upon satisfying eligibility requirements stated in the applicable sections of Minnesota Statutes 2008 specified in paragraph (a), are entitled to annuities or benefits specified in those sections. Eligibility for a formula retirement annuity includes the requirement in Minnesota Statutes 2008, sections 422A.13 and 422A.16, that the terminating member has attained the normal retirement age, which is age 60 if the person has at least ten years of service credit, or any age if the person has 30 or more years of service credit.
(c) Postretirement adjustments. After December 31, 2014, annuities and benefits for former members of the former MERF division are eligible for annual automatic postretirement adjustments solely under the applicable portions of section 356.415.
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
[Repealed, 2015 c 68 art 14 s 30]
358.62 NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED TRIBE.
A notarial act performed under the authority and in the jurisdiction of a federally recognized tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe or nation is performed by:
(1) a notary public of that tribe;
(2) a judge, clerk, or deputy clerk of a court of that tribe; or
(3) any other individual authorized by the law of that tribe to perform the notarial act.
The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
The signature and title of a notarial officer described in subdivision 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act.
353.505 STATE CONTRIBUTIONS; FORMER MERF DIVISION.
(a) On September 15, 2019, and annually thereafter, the state shall pay to the general employees retirement plan of the Public Employees Retirement Association, with respect to the former MERF division, $16,000,000.
(b) State contributions under this section end on September 15, 2031.
(c) The commissioner of management and budget shall pay the contribution specified in this section. The amount required is appropriated annually from the general fund to the commissioner of management and budget.
358.63 NOTARIAL ACT UNDER FEDERAL AUTHORITY.
A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(3) an individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
(4) any other individual authorized by federal law to perform the notarial act.
The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
The signature and title of an officer described in subdivision 1, clause (1), (2), or (3), conclusively establish the authority of the officer to perform the notarial act.
358.65 CERTIFICATE OF NOTARIAL ACT.
A notarial act must be evidenced by a certificate. The certificate must:
(1) be executed contemporaneously with the performance of the notarial act;
(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the commissioning officer or agency;
(3) identify the jurisdiction in which the notarial act is performed;
(4) contain the title of office of the notarial officer; and
(5) if the officer is a notary public, indicate the date of expiration, if any, of the officer's commission.
If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subdivision 1, clauses (2), (3), and (4), an official stamp may be affixed to or embossed on the certificate. If the notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subdivision 1, clauses (2), (3), and (4), an official stamp may be attached to or logically associated with the certificate.
A certificate of a notarial act is sufficient if it meets the requirements of subdivisions 1 and 2 and:
(1) is in a short form set forth in section 358.66;
(2) is in a form otherwise permitted by the law of this state;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 358.55, 358.56, and 358.57 or law of this state other than sections 358.51 to 358.76.
By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 358.54, 358.55, and 358.56.
A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the commissioning officer or agency has established standards pursuant to section 358.73 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
352.951 APPLICABILITY OF GENERAL LAW.
Except as otherwise provided, this chapter applies to covered correctional employees, military affairs personnel covered under section 352.85, Transportation Department pilots covered under section 352.86, and state fire marshal employees under section 352.87.
352.94 AUGMENTATION FOR EMPLOYEES WITH GENERAL AND CORRECTIONAL SERVICE.
An employee who becomes covered by the correctional plan after serving as a general plan covered employee, or becomes covered by the general plan after serving as a correctional plan covered employee, is covered under section 356.311.
358.66 SHORT FORM CERTIFICATES.
(a) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.65, subdivisions 1 and 2:
(1) For an acknowledgment in an individual capacity;
This instrument was acknowledged before me on ..........(date) by ....................(name(s) of individual(s)).
(2) For an acknowledgment in a representative capacity:
This instrument was acknowledged before me on ..........(date) by ....................(name(s) of individual(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of ...............................................(name of party on behalf of whom the instrument was executed).
(3) For a verification upon oath or affirmation:
Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of individual(s) making statement).
(4) For witnessing or attesting a signature:
Signed or attested before me on ..........(date) by ....................(name(s) of individual(s)).
(5) For attestation of a copy of a document:
I certify that this is a true and correct copy of a document in the possession of ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
(b) For a remote notarization, use of alternate (1) or (2), as appropriate, is sufficient to satisfy the requirements of section 358.645, subdivision 7, paragraph (d):
(1) For a remote notarization when the signer is located outside the United States:
Or;
(2) For a remote notarization when the signer is located in Minnesota or the United States:
358.64 FOREIGN NOTARIAL ACT.
In this section, "foreign state" means a government other than the United States, a state, or a federally recognized tribe.
If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
The signature and official stamp of an individual holding an office described in subdivision 3 are prima facie evidence that the signature is genuine and the individual holds the designated title.
An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
358.68 STAMPING DEVICE SECURITY.
A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act.
358.67 OFFICIAL STAMP.
The official stamp of a notary public must:
(1) satisfy the requirements of section 359.03; and
(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
352.97 PRIOR DEFERRED COMPENSATION PLANS; CONSTRUCTION.
Sections 352.965 and 352.97 do not preempt, prohibit, ratify, or approve any other deferred compensation plan established before or after June 3, 1975.
358.69 PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD.
(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) For purposes of this subdivision, "tamper-evident" means that any changes to an electronic document must display evidence of the change.
Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall satisfy the requirements of section 359.01, subdivision 5, and shall notify the commissioning officer or agency that the notary public will be performing notarial acts with respect to electronic records.
358.70 GROUNDS TO DENY, REFUSE TO RENEW, REVOKE, SUSPEND, OR CONDITION COMMISSION OF NOTARY PUBLIC.
The commissioner of commerce has all the powers provided by section 45.027 and may proceed in the manner provided by that section in actions against a notary public for any act or omission that demonstrates an individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(1) failure to comply with sections 358.51 to 358.76;
(2) fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the commissioning officer or agency;
(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;
(4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;
(5) failure by the notary public to discharge any duty required of a notarial officer, whether by sections 358.51 to 358.76 or any federal or state law or regulation;
(6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;
(7) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or
(8) suspension or revocation of a license for the conduct of a profession, occupation, trade, or business of a notary public who is performing notarial acts in connection with the profession, occupation, trade, or business.
For purposes of this clause, "license" means a permit, registration, certification, or other form of approval authorized by statute or rule issued by the state or a political subdivision of the state as a condition of doing business, or conducting a trade, profession, or occupation in Minnesota.
A notary may be removed from office only by the governor, the district court, or the commissioner of commerce.
If the commissioner of commerce denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 14.
The authority of the commissioner of commerce to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
Notwithstanding section 359.03, subdivision 1, upon removal from office by the commissioner of commerce, a notary public shall deliver the notary's official stamp to the commissioner of commerce.
358.71 DATABASE OF NOTARIES PUBLIC.
The secretary of state shall maintain an electronic database of notaries public through which a person may verify the authority of a notary public to perform notarial acts, including notarial acts pursuant to section 358.645, and to perform notarial acts on electronic records.
358.72 PROHIBITED ACTS.
A commission as a notary public does not authorize an individual to:
(1) assist persons in drafting legal records, give legal advice, or otherwise practice law;
(2) act as an immigration consultant or an expert on immigration matters;
(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
(4) receive compensation for performing any of the activities listed in this subdivision.
A notary public may not engage in false or deceptive advertising.
A notary public may not use the term "notario" or "notario publico."
A notary public, other than an attorney licensed to practice law in this state, may not advertise that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, digital media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the commissioning officer or agency, in the advertisement or representation, prominently and in each language used in the advertisement: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement is not broadcast media, print media, or the Internet, and does not permit the inclusion of the statement required by this subdivision because of size, it must be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed.
Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
358.73 VALIDITY OF NOTARIAL ACTS.
Except as otherwise provided in section 358.54, subdivision 2, the failure of a notarial officer to perform a duty or meet a requirement specified in sections 358.51 to 358.76 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under sections 358.51 to 358.76 does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than sections 358.51 to 358.76 or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
358.74 NOTARY PUBLIC COMMISSION IN EFFECT.
A commission as a notary public in effect on January 1, 2019, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2019, is subject to and shall comply with sections 358.51 to 358.76. A notary public, in performing notarial acts after January 1, 2019, shall comply with sections 358.51 to 358.76.
353.652 SOCIAL SECURITY BENEFIT OFFSET.
(a) If a public employee continues in retirement plan coverage by the public employees police and fire retirement plan by virtue of this article and subsequently is covered by the federal old age, survivors, and disability insurance program for service as a Rice County correctional officer, the retirement annuity of the person under section 353.651 or the disability benefit of the person under section 353.656 must be reduced dollar for dollar for the Social Security benefit that the person is entitled to receive by virtue of Rice County correctional service rendered after the effective date of section 1.
(b) To be effective, the retirement annuity or disability benefit application form for a Rice County correctional employee must include signed written permission by the person for the Public Employees Retirement Association to obtain the necessary information from the federal old age, survivors, and disability insurance program to implement the offset provision in paragraph (a).
353.63 POLICY.
It is the recognized policy of the state that special consideration should be given to employees of governmental subdivisions who devote their time and skills to protecting the property and personal safety of others. Since this work is hazardous, special provisions are hereby made for retirement pensions, disability benefits and survivors benefits based on the particular dangers inherent in these occupations. The benefits provided in sections 353.63 to 353.68 are more costly than similar benefits for other public employees since they are computed on the basis of a shorter working lifetime taking into account experience which has been universally recognized. This extra cost should be borne by the employee and employer alike at the ratio of 40 percent employee contributions and 60 percent employer contributions.
358.75 SAVINGS CLAUSE.
Sections 358.51 to 358.76 do not affect the validity or effect of a notarial act performed before January 1, 2019.
358.76 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Sections 358.51 to 358.76 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001, et seq., but do not modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, United States Code, title 15, section 7003(b).
353.659 LOCAL RELIEF ASSOCIATION CONSOLIDATION ACCOUNT BENEFITS.
(a) For any person who had prior service covered by a local police or firefighters relief association which has merged with the public employees police and fire retirement plan and who has elected the type of benefit coverage provided by the public employees police and fire fund benefit plan as permitted by the applicable law, the retirement benefits payable are governed by the applicable provisions of this chapter.
(b) For any person who had prior service covered by a local police or firefighters relief association which has merged with the public employees police and fire retirement plan and who did not elect the type of benefit coverage provided by the public employees police and fire fund benefit plan as permitted by the applicable law, the retirement benefits payable are governed by the provisions of Minnesota Statutes 2012, sections 353B.01 to 353B.13, which applied to the applicable former relief association or by section 353.6511 or 353.6512, if applicable.
353.666 PAST SERVICE CREDIT FOR CERTAIN MEMBERS EXTENDED COVERAGE.
(a) A member to whom public employees police and fire retirement plan membership was extended under section 353.64, subdivision 11, may receive retroactive service credit in the public employees police and fire retirement plan for service as a tribal police officer rendered before the effective date of membership of the tribal police department employee in the police and fire fund, provided that the employee and the police department did not make contributions into a qualified tax-deferred retirement plan for that employment period.
(b) The request for retroactive coverage must be in writing and must be filed with the association within 60 days of when police and fire fund membership commenced. The prior service credit purchase payment is governed by section 356.551, except that the member must pay an amount equal to the employee salary deductions. The employee salary deductions for the retroactive period must be based on the police and fire pension plan member contribution rates in effect when the service was rendered and applied to the salary amount that was earned and paid to the police officer. The employer must pay the balance of the prior service credit purchase payment amount within 30 days of the member contribution payment.
353.67 APPLICATION FOR ANNUITY.
Application for retirement annuity may be made by a member or by someone authorized to act in behalf of the member.
353.68 SCOPE AND APPLICATION.
The general provisions of this chapter apply to all police officers and firefighters who are members of the police and fire fund and also to all governmental subdivisions employing such members except where otherwise specifically provided in sections 353.63 to 353.68.
[Repealed, 1973 c 753 s 85]
[Repealed, 1973 c 753 s 85]
The deferred annuity of section 353.34, subdivision 3, as it applies to members of the police and fire fund, begins and is computed in the manner provided in section 353.651 on the basis of the law in effect on the date of termination of public service. The deferred annuity is augmented under section 353.34, subdivision 3.
[Repealed, 1973 c 753 s 85]
[Repealed, 1973 c 753 s 85]
[Repealed, 1973 c 753 s 85]
[Repealed, 1973 c 753 s 85]
[Repealed, 1973 c 753 s 85]
353.855 COVERAGE BY THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.
Notwithstanding any law to the contrary, any person whose employment by, or assumption of a position as an appointed or elected officer of, the city of Minneapolis, any of the boards, departments, or commissions operated as a department of the city of Minneapolis or independently if financed in whole or in part by funds of the city of Minneapolis, the Metropolitan Airports Commission, the former Minneapolis Employees Retirement Fund, or Special School District Number 1 if the person is not a member of the Teachers Retirement Association by virtue of that employment or position, initially commences on or after July 1, 1979, is a member of the general employees retirement plan of the Public Employees Retirement Association unless excluded from membership under section 353.01, subdivision 2b.
353.87 VOLUNTEER FIREFIGHTERS; PARTICIPATION.
A volunteer firefighter, as defined in section 353.01, subdivision 36, who, on June 30, 1989, was a member of, and a participant in, the general employees retirement fund or the public employees police and fire fund and was making contributions to either of those funds based, at least in part, on compensation for services performed as a volunteer firefighter shall continue as a member of, and a participant in, the general employees retirement fund or the public employees police and fire fund and compensation for services performed as a volunteer firefighter must be considered salary.
MS 2022 [Repealed, 2024 c 102 art 12 s 6]
MS 2022 [Repealed, 2024 c 102 art 12 s 6]
MS 2022 [Repealed, 2024 c 102 art 12 s 6]
[Repealed, 1990 c 570 art 11 s 13]
353D.03 FUNDING OF PLAN.
(a) The following classes of eligible participants who elect to participate in the public employees defined contribution plan under section 353D.02 shall contribute an amount equal to five percent of salary as defined in section 353.01, subdivision 10:
(1) local government officials;
(2) physicians; and
(3) persons who are excluded from membership under section 353.01, subdivision 2b, paragraph (a), clause (23).
(b) A participant's governmental subdivision shall contribute a matching amount.
[Repealed, 2010 c 359 art 5 s 28]
(a) A public ambulance service that elects to participate in the plan shall fund benefits for its qualified personnel who individually elect to participate.
(b) Personnel who are paid for their services may elect to make member contributions in an amount not to exceed the service's contribution on their behalf.
(c) Ambulance service contributions on behalf of salaried employees must be a fixed percentage of salary.
(d) An ambulance service making contributions for volunteer or largely uncompensated personnel, or a municipality or county making contributions on behalf of rescue squad members who are volunteers or largely uncompensated personnel, may assign a unit value for each call or each period of alert duty for the purpose of calculating ambulance service or rescue squad service contributions, as applicable.
[Repealed, 2015 c 68 art 12 s 42]
A city manager who elects to participate in the plan shall contribute an amount equal to the contribution under section 353.27, subdivision 2. The applicable city shall make a contribution equal to the contribution required under section 353.27, subdivision 3.
(a) Unless paragraph (b) applies, a volunteer or emergency on-call firefighter who elects to participate in the plan shall contribute at least 7.5 percent of any compensation received for firefighting services.
(b) If the municipality or the independent nonprofit firefighting corporation ratified the election of plan coverage under section 353D.02, subdivision 6, the volunteer firefighter and the employing unit shall contribute in total an amount equal at least to 7.5 percent of any compensation received for firefighting services.
353D.05 INVESTMENT OF FUNDS.
As further specified under this section, employing unit contributions, after the deduction of an amount for administrative expenses, and individual participant contributions must be invested in the participant's account or accounts in investment products authorized by the association that are made available for this purpose by the State Board of Investment under section 356.645.
(a) A plan participant may elect to allocate contributions, made by and on behalf of the participant, in one or more of the investment products authorized by the association to be made available under the plan, by specifying the percentage of the participant's contributions to be used to purchase shares in the authorized products.
(b) If contributions are received before the participant has made an allocation election, or if the participant fails to specify an allocation, the executive director shall, on behalf of that participant, purchase shares in a default investment alternative. The investment option must be specified by the Public Employees Retirement Association board of trustees from the designated available investment options authorized under this section.
(c) A participant may revise the investment allocation for subsequent purchase of shares, and a participant or former participant may also change the investment options selected for all or a portion of shares previously purchased.
(d) Any investment allocation selection authorized under this subdivision, whether relating to subsequent purchases of new shares or reallocating the existing portfolio, must be conducted at times and under procedures prescribed by the executive director.
[Repealed, 2014 c 296 art 13 s 28]
The executive director of the association with the advice and consent of the board shall annually set an amount to recover the costs of the association in administering the public employees defined contribution plan.
353D.08 PORTABILITY.
Participating ambulance service personnel who change employment or membership among participating ambulance services shall continue participation in the plan if termination from one participating ambulance service and commencement in another participating ambulance service occurs within 30 days.
353D.10 NOT CONSIDERED A LOCAL PLAN.
The plan is not a local governmental pension plan or fund for purposes of section 356.25.
353D.06 REPORTING.
The executive director of the public employees retirement association shall prescribe the reporting forms required from employing units and the election forms required from participants. Reporting forms must contain names, identification numbers, amount of contribution by and on behalf of each participant, and such other data as is required to keep an accurate record of the account value of each participant.
353D.09 TAX QUALIFICATION.
The Public Employees Retirement Association shall adopt rules necessary for administration of the plan. The proposed plan shall be formulated and adopted in accordance with applicable restrictions and standards of the Internal Revenue Code and rulings and regulations of the Internal Revenue Service in order to assure the tax-exempt status of the plan as a qualified pension plan. Contributions may be accepted only after approval by the Internal Revenue Service.
353D.04 CONTRIBUTIONS AND DEDUCTIONS IN ERROR.
(a) Contributions made by or on behalf of a participant under section 353D.03, subdivisions 1, 5, and 6, paragraph (a), must be remitted to the Public Employees Retirement Association and credited to the individual account established for the participant.
(b) Contributions as provided under section 353D.03, subdivisions 3 and 6, paragraph (b), must be remitted on a regular basis to the association together with any member contributions paid or withheld. Those contributions must be credited to the individual account of each participating member.
The executive director may adopt policies and procedures regarding deductions taken totally or partially in error by the employer from the salary of an elected official.
353E.001 DEFINITIONS.
"Duty disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of a local government correctional service employee as defined under section 353E.02 and that is the direct result of an injury incurred during, or a disease arising out of, the performance of inherently dangerous duties that are specific to the positions covered by the local government correctional service retirement plan.
"Fund" means the public employees local government correctional service retirement fund.
"Less frequent duties" means tasks designated in the applicant's job description as either required from time to time or as assigned, but which are not carried out as part of the normal routine of the applicant's job.
"Member" means an individual identified as a member under section 353E.02, for whom retirement coverage is provided by the plan.
"Normal duties" means specific tasks designated in the applicant's job description and which the applicant performs on a day-to-day basis, but do not include less frequent duties which may be requested to be done by the employer from time to time.
"Plan" means the public employees local government correctional service retirement plan.
"Regular disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of a local government correctional service employee as defined under section 353E.02 and that results from a disease or an injury that arises from any activities while not at work or while at work from performing those normal or less frequent duties that do not present inherent dangers that are specific to the occupations covered by the local government correctional service retirement plan.