HF 2397

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the military; requiring payment of a 
  1.3             salary differential and continuation of benefits to 
  1.4             school district employees who are members of the 
  1.5             National Guard or other military reserve units and who 
  1.6             reported for active military duty; amending Minnesota 
  1.7             Statutes 2003 Supplement, section 471.975. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  471.975, is amended to read: 
  1.11     471.975 [MAY PAY SALARY DIFFERENTIAL OF NATIONAL GUARD OR 
  1.12  OTHER RESERVE COMPONENT ON ACTIVE DUTY.] 
  1.13     (a) Except as provided in paragraph (b), a statutory or 
  1.14  home rule charter city, county, town, school district, or other 
  1.15  political subdivision may pay to each eligible member of the 
  1.16  National Guard or other reserve component of the armed forces of 
  1.17  the United States an amount equal to the difference between the 
  1.18  member's basic active duty military salary and the salary the 
  1.19  member would be paid as an active political subdivision 
  1.20  employee, including any adjustments the member would have 
  1.21  received if not on leave of absence.  This payment may be made 
  1.22  only to a person whose basic active duty military salary is less 
  1.23  than the salary the person would be paid as an active political 
  1.24  subdivision employee.  Back pay authorized by this section may 
  1.25  be paid in a lump sum.  Payment under this section must not 
  1.26  extend beyond four years from the date the employee reported for 
  2.1   active service, plus any additional time the employee may be 
  2.2   legally required to serve. 
  2.3      (b) Each school district shall pay to each eligible member 
  2.4   of the National Guard or other reserve component of the armed 
  2.5   forces of the United States an amount equal to the difference 
  2.6   between the member's basic active duty military salary and the 
  2.7   salary the member would be paid as an active school district 
  2.8   employee, including any adjustments the member would have 
  2.9   received if not on leave of absence.  This payment may be made 
  2.10  only to a person whose basic active duty military salary is less 
  2.11  than the salary the person would be paid as an active school 
  2.12  district employee.  Payments must be made at the intervals at 
  2.13  which the member received pay as a school district employee.  
  2.14  Payment under this section must not extend beyond four years 
  2.15  from the date the employee reported for active service, plus any 
  2.16  additional time the employee may be legally required to serve. 
  2.17     (c) An eligible member of the reserve components of the 
  2.18  armed forces of the United States is a reservist or National 
  2.19  Guard member who was an employee of a political subdivision at 
  2.20  the time the member reported for active service on or after May 
  2.21  29, 2003, or who is on active service on May 29, 2003. 
  2.22     (c) (d) Notwithstanding other obligations under law and 
  2.23  except as provided in paragraph (e), a statutory or home rule 
  2.24  charter city, county, town, or other political subdivision has 
  2.25  total discretion regarding employee benefit continuation for a 
  2.26  member who reports for active service and the terms and 
  2.27  conditions of any benefit. 
  2.28     (e) A school district must continue the employee's 
  2.29  enrollment in health and dental coverage, and the employer 
  2.30  contribution toward that coverage, until the employee is covered 
  2.31  by health and dental coverage provided by the armed forces.  If 
  2.32  the employee had elected dependent coverage for health or dental 
  2.33  coverage as of the time that the employee reported for active 
  2.34  service, a school district must offer the employee the option to 
  2.35  continue the dependent coverage at the employee's own expense.  
  2.36  A school district must permit the employee to continue 
  3.1   participating in any pretax account in which the employee 
  3.2   participated when the employee reported for active service, to 
  3.3   the extent of employee pay available for that purpose. 
  3.4      (d) (f) For purposes of this section, "active service" has 
  3.5   the meaning given in section 190.05, subdivision 5, but excludes 
  3.6   service performed exclusively for purposes of: 
  3.7      (1) basic combat training, advanced individual training, 
  3.8   annual training, and periodic inactive duty training; 
  3.9      (2) special training periodically made available to reserve 
  3.10  members; and 
  3.11     (3) service performed in accordance with section 190.08, 
  3.12  subdivision 3. 
  3.13     (g) A school district making payments under paragraph (b) 
  3.14  shall place a sum equal to any difference between the amount of 
  3.15  salary that would have been paid to the teacher who is receiving 
  3.16  the payments and the amount of salary being paid to substitutes 
  3.17  for that teacher into a special fund that must be used to pay or 
  3.18  partially pay the deployed teacher's payments under paragraph 
  3.19  (b). 
  3.20     Sec. 2.  [EFFECTIVE DATE.] 
  3.21     This section is effective the day following final enactment.