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274529 N�HITE - UTV CLERK COUIICII ������ PINK - - FINANCE G I TY OF SA I NT PA LT L CANARV - DEPARTMENT BLUE - MAV File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, the City of St. Paul supports the attached Bill for an �►ct relating to City of St. Paul transferred employees benef its. COUNC[LMEN Requested by Department of: Yeas McMAHON Nays / ��' �� In Favor �He� Hunt Levine _ __ Against BY — Maddox Show esco Form A oved by ity At rney Ado d by Coun � . Date —���-.�#�-- ertifie •.sed Council Secr ar B `_ Appr ved by 1 D e _ MAR 14 19Bp Approved hy Mayor for Submission to Council By — By K �t.ts�€.� MAR 2� 198� f �' j .., �d. ���°-0 CITY OF SAINT PAUL BILL N0. A bill for an act relating to the city of St. Paul transferred employees benef its ; amending Laws 1976, Chapter 234, Section 4, as amended; Laws 1978, Chapter 788, Section 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1: Laws 1976, Chapter 234, Section 4, as amended by Laws 1977, Chapter 165, Section 2, and Laws 1978, Chapter 788, Section 4, Subdivision 4a, is amended to read: Subd. 4a. TRANSFER OF EMPLOYEES. Al1 employees of the housing and redevelopment authority who become employees of the City of St. Paul in accordance with the provisions of subdivision 4, hereinafter called transfer employees, shall be employees of the city of St. Paul notwithstanding any contrary provision of this law, the St. Paul city charter or other statute or ordinance, and shall be governed by applicable provisions of the cit civil service laws and city charter, except as modified in clauses (1�, (2} and (3) . (1) Transfer employees shall maintain city seniority from the effective date of this act; however, for the purposes of determining .their wages and fringe benefits, except pension benef its, their seniority shall be computed from the date that they were originally employed by the housing and redevelopment authority. (2) Transfer employees shall have promotion rights providing that they qualify for such rights under the city civil service laws, - and such rights shall be determined by their combined total length of service with the housing and redevelopment authority and the city. (3) Any employee, whether a regular city employee or a transfer employee, if assigned to the department of planning and economic development, shall have equal promotional rights with any other such employee. Any regular city employee assigned to the department of . planning and economic development and any transfer employee shall have promotional preference for positions in the division of renewal and the division of economic development over regular city employees not assigned to the department of planning and economic development. All regular city employees, whether assigned to the department of planning and economic development or any other position in the classified service, shall have promotional rights over all transfer employees for any position in the classified service which is not in the department of planning and economic development. All city employees, whether assigned to the department of planning and economic development or any other position in the classified service, shall have equal promotional rights with all transfer employees for promotions to positions in the division of planning and the division of community development. The term "employee" as used in clause (3) means professional, supervisory, " and confidential employees only. All promotion preferences established by this� clause shall expire two years after the effective date of . this act. . , . . .. . f"�������? 2. (4) No city employee holding a regular appointment to a position in the classified service at the time this act takes effect shall be laid off because of the effects of this act. (5) Notwithstanding any contrary provision of law, the pension plan available to the employees of the housing and redevelopment authority at the eff.ective date of this act shall continue in operation until changed in accordance with law, and all such housing and redevelopment authority employees who shall become employees of the city shall have the individual option to rema.in in the present pension and retirement plan provided to employees of the housing and redevelopment authority with the city assuming the employer' s obligations under said pension plan or to become covered by coordinated members of the public employees retirement association upon election, by ma.king such election within one year from the date on which they become an employee of the city of St. Paul. (6) Neither the transfer to cit em lo ent ursuant to this section, nor a su se uent trans er to ot er u ic em o ent ased in an manner u on cit merit s stem emp oyment s a e interpreted as a termination o ousin an redevelo ment aut-fio�rit or cit- . em o ent aut orizin wit rawa rom t e ousin an re eve o ment aut orit ension o ast artici ation contri utions un ess suc trans erre em o ent a is ase u on ua i ication com etitive examination un er t e merit s stem roce ures o t e trans er em o er an commences rom t e irst a o suc trans er em o ent wit out cre itin rior ousin an re eve o ment aut orit or cit service in eterminin� senioritv or wa�e an ringe ene it to e - en�oyed in the trans erre emp oyment. Sec. 2. . EFFECTIVE DATE. This act shall be effective onl . after its a roval b the overnin o o t e cit o t. aul an upon comp iance wit t e provisions o innesota tatutes, Section . . � ; , �` � �7�..�,-� GITY OF SAIN'1 P�3UL � �� I / �� . ��, OFFICF OF THF CITY COIINCIL lARN9yrlu � . . Y68RieiA3d �3l4 s8,9^�.�L'���F . . DAVID H. HOZZA Mdi"CIl C, 1980 Councilman T0: Members of the City Council FROM: Councilman David Hozza RE: Proposed Amendments regar ing CIB Legislation as it relates to HRA Pension Fund As I stated at the NRA Board meeting yesterday, I �pologize for not being able to be at the council meeting today, but I wanted to share my thoughts with you. 1 . On the questiorr of amending the CI8 bi1T to strike "for transportation purpose only" , I oppose this, since this breaks the commitment the City made with the. conference committee when the bill nassed. I do not think we ought to amend the CIB legislation this yea�. _ _ . - 2. On the question of amending the language per- taining to HRA pensions, I think this lar�guage ought to be approved. The HRA Board and the City Council have a maral obligation to prntect the integr°ity of the HRA pension fund. What �re are seeing under the current language is a substantial erosion of the base of the pension fund because a� the proposed withdrawa1s. While I am not speaking ta the cases of the 4 or 5 people who appeared before the Legislation Com- mittee, I think that in the future, the stan- dardis of the pension fund ought to be maintairred and protected. Therefore, I support going to the Legislature to clarify the ambiguities in the current language regarding the HRA pension fund. DHH:Is cc: Mayor Georc�e Latimer Steve Wellington CITY HAL� S.EVENTH FLOOR SAtNT PAUL, MINNFSOTA 55102 612.l29S-4546 �:�O � i • CITY OF SAINT PAUL BILL N0. A bill for an act relating to the city of St. Paul transferred employees benefits ; amending Laws 1976, Chapter 234, Section 4, as amended; Laws 1978, Chapter 788, Section 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Laws 1976, Chapter 234, Section 4, as amended by Laws 1977, Chapter 165, Section 2, and Laws 1978, Chapter 788, Section 4, Subdivision 4a, is amended to read: Subd. 4a. TRANSFER OF EMPLOYEES. All employees of the housing and redevelopment authority who become employees of the City of St. Paul in accordance with the provisions of subdivision 4, hereinafter called transfer employees, shall be employees of the city of St. Paul notwithstanding any contrary provision of this law, the St. Paul city charter or other statute or ordinance, and shall be governed by applicable provisions of the cit civil service laws and city charter, except as modified in clauses (1�, (2) and (3) . (1) Transfer employees shall maintain city seniority from the effective date of this act; however, for the purposes of determining their wages and fringe benefits, except pension benefits, their seniority shall be computed from the date that they were originally employed by the housing and redevelopment authority. (2) Transfer employees shall have promotion rights providing that they qualify for such rights under the city civil service laws, and such rights shall be determined by their combined total length of service with the housing and redevelopment authority and the city. (3) Any employee, whether a regular city employee or a transfer employee, if assigned to the department of planning and economic development, shall have equal promotional rights with any other such employee. Any regular city employee assigned to the department of planning and economic development and any transfer employee shall have promotional preference for positions in the division of renewal and the division of economic development over regular city employees not assigned to the department of planning and economic development. All regular city employees, whether assigned to the department of planning and economic development or any other position in the classified service, shall have promotional rights over all transfer employees for any position in the classified service which is not in the department of planning and economic development. All city employees, whether assigned to the department of planning and economic development or any other position in the classified service, shall have equal promotional rights with all transfer employees for promotions to positions in the division of planning and the division of community development. The term "employ�e" as used in clause (3) means professional, supervisory, and confidential employees only. Al1 promotion preferences established by this clause shall expire two years after the effective date of this act. . • � � 2. (4) No city employee holding a regular appointment to a position in the classified serviee at the time this act takes effect shall be laid off because of the effects of this act. (5) Notwithstanding any contrary provision of law, the pension plan available to the employees of the housing and redevelopment authority at the effective date of this act shall continue in operation until changed in accordance with law, and all such housing and redevelopment authority employees who shall become eq�ployees of the city shall have the individual option to remain in the present pension and retirement plan provided to employees of the housing and redevelopment authority with the city assuming the employer' s obligations under said pension plan or to become covered by coordinated members of the public employees retirement association upon election, by making such election within one year from the date on which they become an employee of the city of St. Paul. (6) Neither the transfer to cit em lo ent ursuant to this section, nor a su se uent trans er to ot er u ic em o ent ased in an ma.nner u on cit merit s stem em o ent s a e inter reted as a termination o ousin an re eve o ment aut orit or cit em o ent aut orizin wit rawa rom t e ousin an re eve o ment aut orit ension o ast artici ation contri utions un ess suc trans erre em o ent a is ase u on ua i ication com etitive examination un er t e merit s stem roce ures o t e trans er em o er an commences rom t e irst a o suc trans er em o ent wit out cre itin rior ousin an re eve o ment aut orit or cit service in eterminin seniorit or wa e an rin e ene it to e en_7oye in t e trans erre emp oyment. Sec. 2. EFFECTIVE DATE. This act shall be effective onl after its a roval b the overnin o o t e clt o t. aul an u on com iance wit t e rovisions o innesota tatutes Section . . AFFILIATED WITH THE AMERICAN FEDERATION OF STATE, ST. PAUL METROPOLITAN AFfCME COYNCIL NO� �� �OUNTY,AND MUNICIPAL EMPLOYEES, AFL-CIO . 811 UNIVERSITY AVENUE ' �r`� ,c°y � ST. PAUL, MINNESOTA 55104 Telephone: 298-1120 �a '�I, • �� . AFL-CIO MVMICIPAL March 5, 1980 Dear Council Members: On behalf of AFSCME members who would have their right to an appeal process, provided for by the HRA Pension Plan, eliminated or restricted by this proposed legislation, I ask that you not support the proposal . The question this morning is simply: Is the proposal an attempt to retroactively define the right of City employees to withdraw their NRA pension funds? The decision this morning is not whether those employees may "cash out" their fund, but whether it is appropriate for this Council and then the State Legislature to narrowly and restrict- ively interpret original legislative intent at this late date. There is a grievance procedure provided for by the Pension Committee which then allows further adjudication in the Courts. It seems that is the appropriate procedure for the decision to be made regarding this matter. Some background information may be helpful as you study this issue. First, let me point out that the affected employees were not involved in the process that lead to this proposal nor even informed of its development. It was discovered by chance as I attended the Legislative Committee meeting of Tuesday, February 26, regarding the mileage proposal . This fact alone has the appearance that someone was attempting to slip something by �nployees who had selected the PERA Pension Plan. The employees who are affected immediately are now employed in unrelated positions, separate from HRA or Planning and Economic Development. They began working in these positions several months before the official incorporation of HRA into the City in October of 1978. At least two of the employees are now enrolled in PERA, after exer- cising their "individual option" under HRA Legislation. They have requested a refund of their pension account, appealed under the Pension Plan Grievance Procedure, and have not yet received a decision from the City Council , Finance Personnel P�anagement Committee. Nancy Eberhart has not yet had a hearing before the committee. It seems unreasonable to circumvent the procedures provided to employees through the Pension Committee itself. Mr. Hart, on behalf of the HRA Pension Committee, has stated before the Council Legis- lation Committee that the failure to adopt this legislation would have no effect. That being the case, I trust the Council will not approve this legislation and protect the appeal opportunities of City employees. Sincerely, � 1�� Jerry Serfling Business Agent AFSCME Council FJo. 91 JS:ss AFL-CIO CITY OF SAINT PAUL BILL N0. A bill for an act relating to the city of St. Paul transferred employees benefits ; amending Laws 1976, Chapter 234, Section 4, as amended; La.ws 1978, Chapter 788, Section 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1: Laws 1976, Chapter 234, Section 4, as amended by Laws 1977, Chapter 165, Section 2, and Laws 1978, Chapter 788, Section 4, Subdivision 4a, is amended to read: Subd. 4a. TRANSFER OF EMPLOYEES. All employees of the housing and redevelopment authority who become employees of the City of St. Paul in accordance with the provisions of subdivision 4, hereinafter called transfer employees, shall be employees of the city of St. Paul notwithstanding any contrary provision of this law, the St. Paul city charter or other statute or ordinance, and shall be governed by applicable provisions of the cit civil service laws and city charter, except as modified in clauses (1�, (2) and (3) . (1) Transfer employees shall maintain city seniority from the effective date of this act; however, for the purposes of determining _their wages and fringe benefits, except pension benef its, their , seniority shall be computed from the date that they were originally employed by the housing and redevelopment authority. (2) Transfer employees shall have promotion rights providing that they qualify for such rights under the city civil service laws, . and such rights shall be determined by their combined total length of service with the housing and redevelopment authority and the city. (3) Any employee, whether a regular city employee or a transfer employee, if assigned to the department of planning and economic development, shall have equal promotional rights with any other such employee. Any regular city employee assigned to the department of . planning and economic development and any transfer employee shall have promotional preference for positions in the division of renewal and the division of economic development over regular city employees not assigned to the department of planning and economic development. All regular city employees, whether assigned to the department of planning and economic development or any other position in the classified service, shall have promotional rights over all transfer employees for any position in the classified service which is not in the department of planning and economic development. AL1 city employees, whether assigned to the department of planning and economic development or any other position in the classified service, shall have equal promotional rights with all transfer employees for promotions to positions in the division of planning and the division of community development. The term "employee" as used in clause (3) means professional, supervisory, and conf idential employees only. All promotion preferences established by this� clause shall expire two years after the effective date of . this act. � 2. (4) No city employee holding a regular appointment to a posit oi n in the classified service at the time this act takes effect shall be laid off because of the effects of this act. (5) Notwithstanding any contrary provision of law, the pension plan available to the employees of the housing and redevelopment authority at the effective date of this act shall continue in operation until changed in accordance with law, and all such housing and redevelopment authority employees who shall become employees of the city shall have the individual option to remain in the present pension and retirement plan provided to employees of the housing and redevelopment authority with the city assuming the employer' s obligations under said pension plan or to become covered by coordinated members of the public employees retirement association upon election, by ma.king such election within one year from the date on which they become an employee of the city of St. Paul. (6) Neither the transfer to cit em lo ent ursuant to this section, nor a su se uent trans er to ot er u ic em o ent ased in any manner upon city merit s stem emP oyment s a e interpreted db d LCr1LLlila.L1CJI1"�-Fousin an re evelo ment autfio`rit or cz't- . em o ent aut orizin wit rawa rom t e ousin an re eve o ment aut orit ension o ast artici ation contri utions un ess suc trans erre em o ent a is ase u on ua i ication com etitive examination un er t e merit s stem roce ures o t e trans er em o er an commences rom t e irst a o suc trans er em o ent wit out cre itin rior ousin an re eve o ment aut orit or cit service in eterminin seniorit or wa e an rin e ene it to e enjoye in t e trans erre emp oyment. Sec. 2. . EFFECTIVE DATE. This act shall be effective onl . after its a roval b the overnin o o t e cit o t. aul an upon �omp,��ance wit t e provisions o innesota tatutes, JeCLlOil t�47.ULl.