Confusion at today's PERA meeting

I attended the PERA Board meeting remotely today (3/13/25). As all of you know there's lots of pieces at play in the PERA pension plans. There have been in the recent past attempts by 911 Dispatchers and Probation to be merged into the PERA Correctional Plan which MNCORA has vehemently opposed.

The positive note from todays meeting is that the current discussion is centered around improved pensions (earlier retirement) for probation and dispatch without talk of adding them to the Correctional Plan.

The sad part is the apparent confusion among PERA Board members as to the difference between Essential Employees and Public Safety Employees. Some were using the terms interchangeably which could lead to future problems.

While Police, Fire, Corrections, Probation and 911 Dispatch are all essential employees https://www.revisor.mn.gov/statutes/cite/179A.03.

Only Police, Fire and Correctional Officers are Public Safety! The Secure Act 2.0 spells out changes to the definition of Public Safety Offer effective July 1, 2025.

"any employee of a State or political subdivision of a State who provides police protection, firefighting services, emergency medical services, or services as a corrections officer or as a forensic security employee providing for the care, custody, and control of forensic patients for any area within the jurisdiction of such State or political subdivision,"

See also the notice on the PERA website:

"The Secure 2.0 Act of 2022 now includes correctional officers in the federal definition of public safety employees. Review your employee benefits for other impacts with this law change."

Essential Employee means you do not have the right to strike, but are entitled to binding arbitration.

Public Safety is just that, Public Safety with a whole range of Federal tax, retirement and disability benefits not afforded to other job classes. To mix essential with Public Safety in one plan would mean disparate retirement time lines, tax deductions and disability benefits.

Some of the PERA Board need a refresher in definitions.

Correctional Officers Federally Recognized as Public Safety Employees

As of January 1, 2025, Correctional Officers are Federally Recognized as Public Safety Employees the same as Police and Fire. This has implications for disability, taxes and retirement. As we face new challenges to our pension in 2025 this will further the distinction between PERA General Plan members like 911 Dispatch and Probation and CO's in the PERA Correctional Plan. It's part of the Secure Act 2.0. 26 USC § 72(t)()(10) definition of Public Safety Employee - qualified public safety employee (10) Distributions to qualified public safety employees and private sector firefighters (A) In general In the case of a distribution to a qualified public safety employee from a governmental plan (within the meaning of section 414(d) ) or a distribution from a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee who provides firefighting services, paragraph (2)(A)(v) shall be applied by substituting “age 50 or 25 years of service u...

New Bill for Corrections seat on the PERA Board

MNCORA thanks Representatives Peggy Scott and House Leader Harry Niska for Authoring HF708 in the House and senators Cal Bahr and Jim Abeler for authoring the bill in the Senate SF1556 . Next step is for the LCPR to hear this Bill. Here's a link to the Pension Committee (LCPR). It's very important to contact them and ask them to give it a hearing for it to move on. https://www.lcpr.mn.gov/members.htm

PERA Board votes against CO seat-arguments. What's next and options

On December 12, 2024 the PERA Executive Board voted unanimously not to support legislation to add a Correctional Officer seat to the PERA Board. This is disappointing but will not dissuade MNCORA from again seeking a Bill with the Legislature. I would like to counter some of the PERA Boards arguments. At the planning meeting and in PERA's letter they argued that adding a seat would make the number on the Board even. So, we revised our proposal to add an additional Retiree seat. After all retirees are almost 30% of PERA membership and Retirees have only one member elected seat. In their letter they state, “ The current makeup of the board is 6 member positions to 3 employer positions, adding additional board members representing member groups would weigh the board’s makeup further towards the membership .” Not exactly true. It’s an 11 person board. Source PERA 2023 PFAR The 11 person Board is made up of 5 seats that are appointed by the Governor and one more is th...

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