Minnesota Legislature
HF 2087
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/23/2005 |
Current Version - as introduced
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A bill for an act
relating to retirement; first class city teacher
retirement fund associations; making various
conforming changes to the Teachers Retirement
Association provision in the extended leave of absence
program; amending Minnesota Statutes 2004, section
354A.091, subdivisions 1, 2, 3, 4, 5, 6; repealing
Minnesota Statutes 2004, section 354A.091,
subdivisions 1a, 1b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 354A.091,
subdivision 1, is amended to read:
Subdivision 1.
Eligibility; retirement contributions.
new text begin
(a) Upon granting an extended leave of absence under section
122A.46 or 136F.43, the employing unit of the teacher granting
the leave must certify the leave to the respective teacher
retirement fund association on a form specified by the chief
administrative officer of the association.
new text end
new text begin
(b) new text end Notwithstanding any provision to the contrary of this
chapter or the articles of incorporation or bylaws of an
association relating to the salary figure to be used for the
determination of contributions or the accrual of service
credit deleted text begin an elementary, secondary, or technical college deleted text end new text begin , a new text end teacher
deleted text begin
in the public schools of a city of the first class deleted text end new text begin as defined in
section 354A.011, subdivision 27,new text end who is granted an extended
leave of absence deleted text begin pursuant to deleted text end new text begin under new text end section 122A.46deleted text begin ,deleted text end or deleted text begin a teacher
who is granted an extended leave of absence under section
deleted text end
136F.43deleted text begin ,deleted text end may pay employee contributions to the applicable
association and deleted text begin shall be deleted text end new text begin is new text end entitled to receive allowable
service credit in that association for each year of leavedeleted text begin ,
provided deleted text end new text begin .new text end The member and the employing board new text begin must new text end make the
required employer contributionsdeleted text begin ,deleted text end in any proportion new text begin that new text end they may
agree upondeleted text begin ,deleted text end to deleted text begin that deleted text end new text begin the applicable new text end association during the period
of new text begin the new text end leave deleted text begin which shall deleted text end new text begin . The leave may new text end not exceed five years
new text begin
and a teacher may not receive more than five years of allowable
service credit under this sectionnew text end . The state shall not make an
employer contribution on behalf of the teacher. The employee
and employer contributions deleted text begin shall deleted text end new text begin must new text end be based upon the rates of
contribution prescribed by section 354A.12deleted text begin as deleted text end new text begin and must be
new text end
applied to a salary figure equal to the teacher's actual covered
salary for the plan year immediately preceding the leave.
Payment of the employee and employer contributions
authorized deleted text begin pursuant to deleted text end new text begin under new text end this section deleted text begin shall deleted text end new text begin must new text end be made on
or before June 30 of the fiscal year for which service credit is
to be received new text begin or within 30 days after the first notification of
the amount. No payment is permitted after the following
September 30. Payments received after June 30 must include
annual compound interest at the rate of 8.5 percent from June 30
through the end of the month in which payment is received.new text end No
allowable service with respect to a year of extended leave of
absence deleted text begin shall deleted text end new text begin may new text end be credited to a teacher until new text begin the new text end payment of
the required employee and employer contributions has been
received by the association.
new text begin
(c) Notwithstanding the provisions of any agreement to the
contrary, employee and employer contributions may not be made to
receive allowable service credit if the teacher does not have
full reinstatement rights as provided in section 122A.46 or
136F.43, both during and at the end of the extended leave.
new text end
Sec. 2.
Minnesota Statutes 2004, section 354A.091,
subdivision 2, is amended to read:
Subd. 2.
Membership retention.
A teacher new text begin who is new text end on new text begin an
new text end
extended leave new text begin of absence new text end under either section 122A.46 or
136F.43 new text begin and new text end whose employee and employer contributions are made
to the applicable teachers retirement fund association deleted text begin pursuant
to deleted text end new text begin under new text end subdivision 1 deleted text begin shall retain deleted text end new text begin in a timely fashion retains
new text end
membership in the association for each year during which the
contributions are made, under the same terms and conditions as
if the teacher had continued to teach deleted text begin in deleted text end new text begin for new text end the deleted text begin district
deleted text end new text begin
employing unitnew text end .
Sec. 3.
Minnesota Statutes 2004, section 354A.091,
subdivision 3, is amended to read:
Subd. 3.
Effect of nonpayment.
new text begin (a) new text end A teacher new text begin who is new text end on new text begin an
new text end
extended leave new text begin of absence new text end under either section 122A.46 or
136F.43 new text begin and new text end who does not make employee contributions or whose
employer contribution is not made to the applicable teachers
retirement fund association in any year deleted text begin shall be deleted text end new text begin is new text end deemed to
have ceased to be an active member of the association deleted text begin and deleted text end new text begin , is
deemed new text end to have ceased to render teaching services beginning in
that year for purposes of this chapter and the articles of
incorporation and bylaws of the association, and may not pay
employee or employer contributions into the fund in any
subsequent year of the leave.
new text begin
(b) The new text end nonpayment of contributions into the fund deleted text begin shall
deleted text end new text begin
does new text end not affect the rights or obligations of the teacher or new text begin of
new text end
the employing school district under section 122A.46 or new text begin of new text end the
Minnesota State Colleges and Universities system under section
136F.43.
Sec. 4.
Minnesota Statutes 2004, section 354A.091,
subdivision 4, is amended to read:
Subd. 4.
Teachers who do not resume service.
deleted text begin If deleted text end A
teacher who has made employee contributions to the applicable
teachers retirement fund association for the agreed maximum
duration of an extended leave new text begin and who new text end does not resume teaching
service in the first school year after that maximum duration new text begin of
the leave new text end has elapsed, the teacher deleted text begin shall be deleted text end new text begin is new text end deemednew text begin , for
purposes of this chapter and the articles of incorporation and
bylaws of the association,new text end to have ceased to be an active member
of the association and to have ceased to render teaching
services beginning in that first school year after that maximum
duration has elapsed deleted text begin for purposes of this chapter and the
articles of incorporation and bylaws of the associationdeleted text end .
Sec. 5.
Minnesota Statutes 2004, section 354A.091,
subdivision 5, is amended to read:
Subd. 5.
Applicability new text begin in the event of discharge or
layoffnew text end .
deleted text begin The provisions of deleted text end This section deleted text begin shall deleted text end new text begin does new text end not apply to
a teacher who is discharged deleted text begin pursuant to deleted text end new text begin under new text end section 122A.41new text begin ,
who is placed on an unrequested leave of absence, who is
retrenched, or who is laid off new text end while the teacher is on an
extended leave of absence deleted text begin pursuant to deleted text end new text begin under new text end section 122A.46.
The provisions of this section also do not apply to a teacher
who is discharged for cause new text begin or whose contract is terminated
new text end
while the teacher is on an extended leave of absence under
section 136F.43.
Sec. 6.
Minnesota Statutes 2004, section 354A.091,
subdivision 6, is amended to read:
Subd. 6.
Exclusive coveragenew text begin ; limits on other service
creditnew text end .
new text begin (a) new text end A teacher who makes employee contributions to and
receives allowable service credit in the applicable teacher's
retirement fund association deleted text begin pursuant to deleted text end new text begin under new text end this section may
not make employee contributions or receive allowable service
credit for the same period of time in any other Minnesota public
employee pension plan, except a volunteer firefighters relief
association governed by sections 69.771 to 69.776.
new text begin
(b) new text end This subdivision deleted text begin shall deleted text end new text begin may new text end not be construed to prohibit
a member who pays employee contributions and receives allowable
service credit in the deleted text begin fund pursuant to deleted text end new text begin applicable retirement
association under new text end this section in any year from being employed
as a substitute teacher by any school district during that
year. Notwithstanding the provisions of this chapter or new text begin of the
articles of incorporation or new text end the bylaws of a retirement
association, a teacher may not pay retirement contributions or
receive allowable service credit in the deleted text begin fund deleted text end new text begin applicable
retirement association new text end for teaching service rendered for any
part of any year for which the teacher pays retirement
contributions or receives allowable service credit deleted text begin pursuant to
deleted text end new text begin
under new text end section 354.094 or this section while on an extended leave
of absence under either section 122A.46 or 136F.43.
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 354A.091, subdivisions 1a
and 1b, are repealed.
new text end
Sec. 8. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 7 are effective July 1, 2005.
new text end