HF 4663

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/28/2022 02:39pm

A bill for an act
relating to state government; providing for military salary differential overpayments;
amending Minnesota Statutes 2020, section 43A.183, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 43A.183, subdivision 1, is amended to read:

Subdivision 1.

Payment required.

Each agency head shall pay to each eligible member
an amount equal to the person's salary differential for each month or portion of month that
the person is ordered to serve in active service.

This payment may be made only to a person for whom the amount in subdivision 2,
paragraph (b), clause (1), is greater than the amount in subdivision 2, paragraph (b), clause
(2). Payments must be made at the intervals at which the member received pay as a state
employee, except that any back pay due under this section may be paid as a lump sum.
Payment under this section must not extend beyond four years from the date the employee
reported for active service, plus any additional time the employee may be legally required
to serve. An eligible member may apply for the salary differential benefits authorized under
this section deleted text begin prior to, during, or following the person's active service on or after May 29,
2003 deleted text end new text begin no later than two years after completion of active service. A copy of military orders
showing active service must be provided prior to payment new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 43A.183, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Salary differential" means the difference between:

(1) the person's monthly total gross earnings as an active state employee, deleted text begin excluding any
overtime pay received but including all other earnings, deleted text end averaged over the last three full
new text begin calendar new text end months of the person's active state employment prior to reporting to active service,
and including any additional salary or earnings adjustments that the person would have
received at any time during the person's authorized leave from state employment had the
person been serving as an active state employee during that time; and

(2) the person's monthly base pay in active service.

(c) "Eligible member" means:

(1) any member of the National Guard or other reserve component of the United States
armed forces who was an employee of the state of Minnesota at the time the member took
military leave under section 192.261 to report for active military service; and

(2) any member of any other nonmilitary reserve component of the uniformed services
of the United States who was an employee of Minnesota at the time the member took properly
authorized leave from state employment under substantially comparable federal or state
authority ordering the person to report for federal or state active service.

(d) "State employee" means an employee of the executive, judicial, or legislative branch
of state government or an employee of the Minnesota State Retirement System, the Public
Employee Retirement Association, or the Teachers Retirement Association.

(e) "Active service" has the meaning given in section 190.05, subdivision 5, for military
members, and includes substantially comparable service for reserve members of other
nonmilitary components of the uniformed services of the United States, but excludes service
performed exclusively for purposes of:

(1) basic training, advanced individual training, annual training, and periodic inactive
duty training;

(2) special training periodically made available to reserve members;

(3) service performed in accordance with section 190.08, subdivision 3; and

(4) service performed as part of the active guard/reserve program pursuant to United
States Code, title 32, section 502(f), or other applicable authority, as well as substantially
comparable service by members of other nonmilitary components of the uniformed services
of the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin CANCELLATION OF DEBT RELATED TO MILITARY SALARY
DIFFERENTIAL OVERPAYMENTS.
new text end

new text begin Notwithstanding any other law to the contrary, any debt incurred prior to the effective
date of this section by a current or former state employee on account of overpayment of
military salary differential under Minnesota Statutes, section 43A.183, is canceled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end