HF 3151

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; providing service credit for 
  1.3             certain military service; amending Minnesota Statutes 
  1.4             1998, section 352.27. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 352.27, is 
  1.7   amended to read: 
  1.8      352.27 [CREDIT FOR MILITARY SERVICE.] 
  1.9      Subdivision 1.  [LEAVE OF ABSENCE.] Any employee given a 
  1.10  leave of absence to enter military service who returns to state 
  1.11  service upon discharge from military service as provided in 
  1.12  section 192.262, may obtain credit for the period of military 
  1.13  service.  The employee is not entitled to credit for any 
  1.14  voluntary extension of military service at the instance of the 
  1.15  employee beyond the initial period of enlistment, induction, or 
  1.16  call to active duty, nor to credit for any period of service 
  1.17  following a voluntary return to military service.  An employee 
  1.18  may obtain credit by paying into the fund an employee 
  1.19  contribution based upon the salary received at the date of 
  1.20  return from military service.  The amount of this contribution 
  1.21  must be the applicable amounts required in section 352.04, 
  1.22  subdivision 2, plus interest at an annual rate of 8.5 percent 
  1.23  compounded annually.  The matching employer contribution and 
  1.24  additional contribution provided in section 352.04 must be paid 
  1.25  by the department employing the employee upon return to state 
  2.1   service from funds available to the department at the time and 
  2.2   in the manner provided in section 352.04.  
  2.3      Subd. 2.  [LEAVE OF ABSENCE PRESUMED.] An employee who 
  2.4   leaves state service to serve on active federal service in the 
  2.5   military or naval forces of the United States is deemed to be on 
  2.6   military leave of absence if the employee resumes state service 
  2.7   within one year from termination of military service. 
  2.8      Subd. 3.  [REFUSAL OF REINSTATEMENT FOLLOWED BY 
  2.9   REINSTATEMENT.] If an employee applies for reinstatement of 
  2.10  employment within one year from termination of military service 
  2.11  and is refused employment for reasons beyond the employees' 
  2.12  control, the employee is entitled to purchase allowable service 
  2.13  credit for the period of military service if the employee 
  2.14  resumes state service within ten years. 
  2.15     Subd. 4.  [EMPLOYEES WITH 25 YEARS OF SERVICE.] After 
  2.16  completing 25 years of state service, an employee is entitled to 
  2.17  purchase allowable service credit for periods of active military 
  2.18  service, regardless of whether or not the employee left state 
  2.19  service to perform the military service, provided the employee 
  2.20  is not entitled to receive a current or deferred retirement 
  2.21  annuity from a United States armed forces pension plan and has 
  2.22  not purchased service credit from any other defined benefit 
  2.23  public employee pension plan for the same period of service.  
  2.24  Service credit granted under this subdivision is limited to five 
  2.25  years.