Text of MN HF 3133 (2010)

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Version List SF2764 Authors and Status Rtf Bill Text Versions Engrossments Introduction Posted on 02/19/2010 1st Engrossment Posted on 03/17/2010 Jump to page/line # Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 A bill for an act relating to employment; regulating employer payments upon death of employee and in other circumstances; amending Minnesota Statutes 2008, section 181.58. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2008, section 181.58, is amended to read: 181.58 SURVIVING SPOUSE new text begin OR DOMESTIC PARTNER new text end PAID WAGES DUE. new text begin Subdivision 1. new text end new text begin Employer. new text end For the purposes of this section the word "employer" includes every person, firm, partnership, corporation, the state of Minnesota, all political subdivisions, and all municipal corporations. new text begin Subd. 2. new text end new text begin Domestic partners. new text end new text begin For the purpose of this section, "domestic partners" means two persons who: new text end new text begin (1) are the same sex; new text end new text begin (2) are adults and mentally competent to enter into legally binding contracts; new text end new text begin (3) have assumed responsibility for each other's basic common welfare, financial obligations, and well-being; new text end new text begin (4) share a common domicile and primary residence with each other on a permanent basis; new text end new text begin (5) have a committed interdependent relationship with each other, intend to continue that relationship indefinitely, and do not have this type of relationship with any other person; new text end new text begin (6) are not married to another person and have not entered into a domestic partnership arrangement with another person that is currently in effect; and new text end new text begin (7) are not related by blood or adoption so that a marriage between them would be prohibited under section 517.03, subdivision 1, paragraph (a), clause (2) or (3). new text end new text begin Subd. 3. new text end new text begin Paid wages due. new text end If, at the time of the death of any person, an employer is indebted to the person for work, labor, or services performed, and no personal representative of the person's estate has been appointed, such employer shall, upon the request of the surviving spousenew text begin or domestic partnernew text end , forthwith pay this indebtedness, in such an amount as may be due, not exceeding the sum of $10,000, to the surviving spousenew text begin or domestic partnernew text end . The employer may in the same manner provide for payment to the surviving spousenew text begin or domestic partnernew text end of accumulated credits under the vacation or overtime plan or system maintained by the employer. The employer shall require proof of claimant's relationship to decedent by affidavit, and require claimant to acknowledge receipt of such payment in writing. Any payments made by the employer pursuant to the provisions of this section shall operate as a full and complete discharge of the employer's indebtedness to the extent of the payment, and no employer shall thereafter be liable therefor to the decedent's estate or the decedent's personal representative thereafter appointed. Any amounts so received by a spousenew text begin or domestic partnernew text end shall be considered in diminution of the allowance to the spousenew text begin or domestic partnernew text end under section 524.2-403. new text begin Subd. 4. new text end new text begin Notice. new text end new text begin An employee must provide the name, address, and phone number of a domestic partner to the employer prior to any payment under this section. new text end About the Legislature Historical Information Employment/Internships Visiting the Capitol Accessibility Frequently Asked Questions Contact Your Legislator Who Represents Me? House Members Senators General Contact Contact a legislative librarian: (651) 296-8338 or Email Phone Numbers Submit website comments Get Connected House News Senate News MyBills Email Updates & RSS Feeds Minnesota Office of the Revisor of Statutes, Centennial Office Building, 3rd Floor, 658 Cedar Street, St. Paul, MN 55155