Minnesota Legislature
HF 697
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/22/2018 05:05pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/01/2017 | |
| 1st Engrossment | Posted on 02/09/2017 |
Current Version - 1st Engrossment
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A bill for an act
relating to state and local government; allowing Indian tribal officials to take a
leave of absence when elected to public office; amending Minnesota Statutes 2016,
section 3.088, subdivisions 1, 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 3.088, subdivision 1, is amended to read:
Subdivision 1.
Leave of absence without pay.
Subject to this section, any appointed
officer or employee of a political subdivision, municipal corporation, or school district of
the state or an institution of learning maintained by the state who serves as a legislator or
is elected to a full-time city or county officenew text begin or to an Indian tribal councilnew text end in Minnesota is
entitled to a leave of absence from the public office or to employment without pay when
on the business of the office, with right of reinstatement as provided in this section.
Sec. 2.
Minnesota Statutes 2016, section 3.088, subdivision 2, is amended to read:
Subd. 2.
Reinstatement.
Except as provided in this section, upon the completion of the
last legislative day in each calendar year, or, in the case of an elected city deleted text begin ordeleted text end new text begin ,new text end countynew text begin , or
tribal councilnew text end official, on the completion of the final day of the term to which the official
was elected, the officer or employee shall be reinstated in the public position held at the
time of entry into the legislature or taking city deleted text begin ordeleted text end new text begin ,new text end countynew text begin , or tribal councilnew text end office, or be
placed in a public position of like seniority, status, and pay if it is available at the same
salary which would have been received if the leave had not been taken, upon the following
conditions:
(1) that the position has not been abolished or that its term, if limited, has not expired;
(2) that the legislator makes a written application for reinstatement to the appointing
authority within 30 days after the last legislative day in a calendar year or, in the case of an
elected city deleted text begin ordeleted text end new text begin ,new text end countynew text begin , or tribal councilnew text end official, within 30 days after the expiration of the
elected term; and
(3) that the request for reinstatement is made not later than ten years after the granting
of the leave.
Upon reinstatement, the officer or employee shall have the same rights with respect to
accrued and future seniority status, efficiency rating, vacation, insurance benefits, sick leave,
and other benefits as if actually employed during the time of the leave. No public employer
is required to compensate a reinstated employee or officer for time spent by that employee
or officer away from work for the employer and on the business of the state legislature
during the period between the first and last legislative day in each calendar year or on the
business of an elected city deleted text begin ordeleted text end new text begin , new text end countynew text begin , or tribal councilnew text end office. No officer or employee
reinstated shall be removed or discharged within one year after reinstatement except for
cause and after notice and hearing, but this does not extend a term of service limited by law.
Sec. 3.
Minnesota Statutes 2016, section 3.088, subdivision 3, is amended to read:
Subd. 3.
Pension and retirement rights.
A public officer or employee who receives
leave of absence under this section or is elected as a state constitutional officer and has
rights in a state, municipal, or other public pension, retirement, or relief system shall retain
all the rights accrued up to the time of taking leave. Time spent by the employee as a member
of the legislature or as an elected city deleted text begin ordeleted text end new text begin ,new text end countynew text begin , or tribal councilnew text end official or state
constitutional officer shall be calculated in the same manner as if the employee had spent
that time in the service of the public employer for the purpose of determining vesting of the
employee's rights in the employer's pension, retirement, or relief system. Under no
circumstances shall two governmental units pay the employee's share of pension contributions
when the employee is on leave of absence to serve in the legislature or as an elected city
deleted text begin ordeleted text end new text begin ,new text end countynew text begin , or tribal councilnew text end official.