Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Applicability. For purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2. Board. “Board” or “board of directors” means the board of directors of the Minnesota Secure Choice retirement program.
Subd. 3. Compensation. “Compensation” means compensation within the meaning ofSection 219(f)(1) of the Internal Revenue Codethat is received by a covered employee from, or with respect to service performed for, a covered employer.
Subd. 4. Contribution rate. “Contribution rate” means the percentage of compensation withheld from a covered employee's compensation and deposited in an account established for the covered employee under the program.
Subd. 5. Covered employee. (a) “Covered employee” means a person who is employed by a covered employer and who satisfies any other criteria established by the board.
(b) Covered employee does not include:
(1) a person who, on December 31 of the preceding calendar year, was younger than 18 years of age;
(2) a person covered under the federal Railway Labor Act, as amended,United States Code, title 45, sections 151 et seq.;
(3) a person on whose behalf an employer makes contributions to a Taft-Hartley multiemployer pension trust fund; or
(4) a person employed by the government of the United States, another country, the state of Minnesota, another state, or any subdivision thereof.
Subd. 6. Covered employer. (a) “Covered employer” means a person or entity:
(1) engaged in a business, industry, profession, trade, or other enterprise in Minnesota, whether for profit or not for profit;
(2) that employs five or more covered employees; and
(3) that does not sponsor or contribute to and did not in the immediately preceding 12 months sponsor or contribute to a retirement savings plan for its employees.
(b) Covered employer does not include:
(1) an employer that has not engaged in a business, industry, profession, trade, or other enterprise in Minnesota, whether for profit or not for profit, at any time during the immediately preceding 12 months; and
(2) a state or federal government or any political subdivision thereof.
Subd. 7. Executive director. “Executive director” means the chief executive and administrative head of the program.
Subd. 7a. Home and community-based services employee. “Home and community-based services employee” means an individual employed by the individual's child or spouse to provide:
(1) consumer-directed community supports services undersections 256B.092and256B.49and chapter 256S or under the alternative care program authorized undersection 256B.0913; or
(2) services under the community first services and supports program authorized undersection 256B.85and Minnesota's federally approved waiver programs.
This definition applies only to this chapter and does not create any other legal rights or obligations under state or federal law.
Subd. 8. Internal Revenue Code. “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended, United States Code, title 26.
Subd. 9. Program. “Program” means the Minnesota Secure Choice retirement program.
Subd. 10. Retirement savings plan. “Retirement savings plan” means a plan or program offered by an employer that permits contributions to be set aside for retirement on a pretax or after-tax basis and permits all employees of the employer to participate except those employees who have not satisfied participation eligibility requirements that are no more restrictive than the eligibility requirements permitted undersection 410(b) of the Internal Revenue Code. Retirement savings plan includes but is not limited to a plan described insection 401(a) of the Internal Revenue Code, an annuity plan or annuity contract described insection 403(a)or403(b) of the Internal Revenue Code, a plan within the meaning ofsection 457(b) of the Internal Revenue Code, a simplified employee pension (SEP) plan, a savings incentive match plan for employees (SIMPLE) plan, an automatic enrollment payroll deduction individual retirement account, and a multiemployer pension plan described insection 414(f) of the Internal Revenue Code.
Subd. 11. Secure Choice administrative fund. “Secure Choice administrative fund” or “administrative fund” means the fund established undersection 187.06, subdivision 2.
Subd. 12. Secure Choice trust. “Secure Choice trust” or “trust” means a trust established undersection 187.06, subdivision 1, to hold contributions and investment earnings thereon under the program.
Subd. 13. Roth IRA. “Roth IRA” means an individual retirement account established undersection 408A of the Internal Revenue Codeto hold and invest after-tax assets.
Subd. 14. Traditional IRA. “Traditional IRA” means an individual retirement account established undersection 408 of the Internal Revenue Codeto hold and invest pretax assets.
Cite this article: FindLaw.com - Minnesota Statutes Labor, Industry (Ch. 175-189) § 187.03. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/mn/labor-industry-ch-175-189/mn-st-sect-187-03/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)