HF 2135

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to retirement; providing service credit in 
  1.3             the teachers retirement association for leaves of 
  1.4             absence of up to one year; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 354. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [354.097] [LEAVES OF ABSENCE.] 
  1.8      (a) A member of the fund granted leave of absence for any 
  1.9   reason by the employing unit is entitled to service credit for 
  1.10  the period of the leave upon making the payment required by 
  1.11  paragraph (c).  Leave granted under this section may not exceed 
  1.12  one year.  A member may obtain service credit under this section 
  1.13  only if the member has full reinstatement rights at the end of 
  1.14  the leave. 
  1.15     (b) The employing unit granting the leave must certify the 
  1.16  leave to the association on a form specified by the executive 
  1.17  director.  This certification must be made before the end of the 
  1.18  fiscal year during which the leave is granted. 
  1.19     (c) To obtain service credit under this section, the member 
  1.20  granted the leave must make payment in the amount of the 
  1.21  required employee, employer, and amortization contributions 
  1.22  prescribed in section 354.42, as applied to the member's average 
  1.23  full-time monthly salary rate on the date the leave began.  The 
  1.24  employer may agree to make some or all of the employer payment.  
  1.25  Payments may be made without interest.  The payments must be 
  2.1   made by the end of the fiscal year following the fiscal year in 
  2.2   which the leave of absence terminated, or before the effective 
  2.3   date of the member's retirement, whichever is earlier. 
  2.4      (d) This section does not restrict a member's right to 
  2.5   obtain service credit for a leave of absence under terms 
  2.6   prescribed in other law.  However, a person receiving credit for 
  2.7   extended leave under section 354.094 may not receive service 
  2.8   credit under this section for leave that immediately follows or 
  2.9   precedes the extended leave.