Minnesota HF 2943: County attorney special election required to fill a vacancy.

Bill Text

1.1 A bill for an act​
1.2 relating to retirement; Minnesota Secure Choice Retirement Program; adding​
1.3 penalties for noncompliance; providing criminal penalties; proposing coding for​
1.4 new law in Minnesota Statutes, chapter 187.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [187.012] PENALTIES FOR NONCOMPLIANCE.​
1.7 Subdivision 1.Failure to enroll covered employees or distribute information.(a)​
1.8 The board must assess penalties against a covered employer that fails to comply with section​
1.9 187.07, subdivision 1 or 3 or both subdivisions 1 and 3, beginning with the second​
1.10 anniversary of the date on which the covered employer was first required to comply with​
1.11 section 187.07, subdivision 1 or 3, as applicable.​
1.12 (b) The board must assess the following penalties for a covered employer's failure to​
1.13 comply with section 187, subdivision 1 or 3:​
1.14 (1) on the second anniversary, a penalty of $100 per covered employee, not to exceed​
1.15 $4,000;​
1.16 (2) on the third anniversary, a penalty of $200 per covered employee, not to exceed​
1.17 $6,000;​
1.18 (3) on the fourth anniversary, a penalty of $300 per covered employee; and​
1.19 (4) on each anniversary after the fourth anniversary, a penalty of $500 per covered​
1.20 employee.​
1.21 (c) If the covered employer fails to comply with both subdivisions 1 and 3, the board​
1.22 must assess two times the penalties in paragraph (b).​
1​Section 1.​
REVISOR VH/MI 25-04681​03/19/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No. 2943​
NINETY-FOURTH SESSION​
Authored by Nadeau and Lillie​04/01/2025​
The bill was read for the first time and referred to the Committee on State Government Finance and Policy​

2.1 (d) The date on which a covered employer is first required to comply with section 187.07,​
2.2 subdivision 1, is the following:​
2.3 (1) for paragraph (a), on or before the 30th day after the first day of employment of a​
2.4 covered employee hired by the covered employer; and​
2.5 (2) for paragraph (b), on or before the 30th day after the end of the enrollment window​
2.6 applicable to the covered employer.​
2.7 (e) The date on which a covered employer is first required to comply with section 187.07,​
2.8 subdivision 3, is the following:​
2.9 (1) for paragraph (a), for a newly hired covered employee no later than 14 days after the​
2.10 covered employee's first day of employment; and​
2.11 (2) for paragraph (b), no later than the 14th day prior to the date of the first paycheck​
2.12 from which employee contributions could be deducted for transmittal to the program.​
2.13 Subd. 2.Notice and waiver.Before assessing a penalty under subdivision 1, the board​
2.14 must provide the covered employer with a written notice informing the covered employer​
2.15 of the amount of the penalty and that the penalty will not be assessed if:​
2.16 (1) the covered employer cures the violation no later than 30 days after the date of the​
2.17 notice; or​
2.18 (2) the board waives the penalty at the request of the covered employer due to extenuating​
2.19 circumstances.​
2.20 Subd. 3.Failure to remit contributions.(a) If the executive director has reason to​
2.21 believe, based on communication from a covered employee or another source, that a covered​
2.22 employer has failed to comply with section 187.07, subdivision 2, by not remitting payroll​
2.23 deduction contributions withheld from the paycheck of one or more covered employees​
2.24 within 30 days after the deduction is withheld, the executive director must make a written​
2.25 demand to the covered employer requiring the covered employer to immediately remit to​
2.26 the program the withheld contributions plus interest at the annual rate specified in section​
2.27 356.59, subdivision 2, for the period beginning with the tenth day after the contribution was​
2.28 deducted from the covered employee's paycheck to the date the contribution is remitted to​
2.29 the program.​
2.30 (b) Any covered employer that willfully and intentionally fails to remit a payroll deduction​
2.31 contribution within ten days after demand from the executive director is guilty of a​
2.32 misdemeanor.​
2​Section 1.​
REVISOR VH/MI 25-04681​03/19/25 ​

3.1 (c) If the executive director issues a written demand to a covered employer under​
3.2 paragraph (a) for a second time, the executive director must assess a penalty of $250 for​
3.3 each employee contribution withheld but not transmitted to the program.​
3.4 Subd. 4.Action; damages.(a) A covered employee or the attorney general, upon referral​
3.5 from the board, may bring a civil action against a covered employer for a failure to enroll​
3.6 covered employees, distribute information, or remit contributions under section 187.07,​
3.7 subdivisions 1 to 3. A covered employer who is found to have violated these subdivisions​
3.8 is liable to the progra