Minnesota Legislature
HF 922
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/10/2005 |
Current Version - as introduced
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 1.24 1.25 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 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16
A bill for an act
relating to public officials; expanding a leave of
absence provision to include elected tribal government
officials; amending Minnesota Statutes 2004, section
3.088, subdivisions 1, 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, 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 asnew text begin : (1) new text end a legislator deleted text begin or is elected to deleted text end new text begin ; (2) new text end a
full-time new text begin elected new text end city or county deleted text begin office deleted text end new text begin official new text end in Minnesotanew text begin ;
or (3) a full-time elected member of an Indian business
committee, board of trustees, or tribal council,new text end 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 2004, 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 or deleted text end new text begin ,new text end countynew text begin , or
tribal government new 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 or deleted text end new text begin ,new text end countynew text begin , or
tribal government new 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 or deleted text end new text begin ,new text end countynew text begin , or tribal government new 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 or deleted text end new text begin ,new text end countynew text begin , or tribal government new 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 2004, 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 or deleted text end new text begin ,new text end countynew text begin , or tribal
government new 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 or deleted text end new text begin ,new text end countynew text begin , or tribal
government new text end official.
Sec. 4. new text begin EFFECTIVE DATE; APPLICATION.
new text end
new text begin
Sections 1 to 3 are effective retroactively from June 1,
2004, and apply to tribal government officials elected on or
after that date.
new text end