HF 2408

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing salary differential
reimbursement aid; appropriating money; amending
Minnesota Statutes 2004, section 471.975; proposing
coding for new law in Minnesota Statutes, chapter 126C.

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

Section 1.

new text begin [126C.195] SALARY DIFFERENTIAL REIMBURSEMENT
AID.
new text end

new text begin A qualifying school district is eligible for salary
differential reimbursement aid for school district payments made
under section 471.975. A school district shall apply for salary
differential reimbursement aid in the form and manner prescribed
by the commissioner of education. By September 30 of each year,
the commissioner shall reimburse each school district for salary
differential payments during the prior year.
new text end

Sec. 2.

Minnesota Statutes 2004, section 471.975, is
amended to read:

471.975 MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.

(a) Except as provided in paragraph (b), a statutory or
home rule charter city, county, town, or other political
subdivision may pay to each eligible member of the National
Guard or other reserve component of the armed forces of the
United States an amount equal to the difference between the
member's basic active duty military salary and the salary the
member would be paid as an active political subdivision
employee, including any adjustments the member would have
received if not on leave of absence. This payment may be made
only to a person whose basic active duty military salary is less
than the salary the person would be paid as an active political
subdivision employee. Back pay authorized by this section may
be paid in 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.

(b) deleted text begin Subject to the limits under paragraph (g), deleted text end Each school
district shall pay to each eligible member of the National Guard
or other reserve component of the armed forces of the United
States an amount equal to the difference between the member's
basic active duty military salary and the salary the member
would be paid as an active school district employee, including
any adjustments the member would have received if not on leave
of absence. The pay differential must be based on a comparison
between the member's daily rate of active duty pay, calculated
by dividing the member's military monthly salary by the number
of paid days in the month, and the member's daily rate of pay
for the member's school district salary, calculated by dividing
the member's total school district salary by the number of
contract days. The member's salary as a school district
employee must include the member's basic salary and any
additional salary the member earns from the school district for
cocurricular activities. The differential payment under this
paragraph must be the difference between the daily rates of
military pay times the number of school district contract days
the member misses because of military active duty. This payment
may be made only to a person whose basic active duty military
salary is less than the salary the person would be paid as an
active school district employee. Payments may be made at the
intervals at which the member received pay as a school district
employee. 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.

(c) An eligible member of the reserve components of the
armed forces of the United States is a reservist or National
Guard member who was an employee of a political subdivision at
the time the member reported for active service on or after May
29, 2003, or who is on active service on May 29, 2003.

(d) Notwithstanding other obligations under law and except
as provided in paragraph (e), a statutory or home rule charter
city, county, town, or other political subdivision has total
discretion regarding employee benefit continuation for a member
who reports for active service and the terms and conditions of
any benefit.

(e) A school district must continue the employee's
enrollment in health and dental coverage, and the employer
contribution toward that coverage, until the employee is covered
by health and dental coverage provided by the armed forces. If
the employee had elected dependent coverage for health or dental
coverage as of the time that the employee reported for active
service, a school district must offer the employee the option to
continue the dependent coverage at the employee's own expense.
A school district must permit the employee to continue
participating in any pretax account in which the employee
participated when the employee reported for active service, to
the extent of employee pay available for that purpose.

(f) For purposes of this section, "active service" has the
meaning given in section 190.05, subdivision 5, but excludes
service performed exclusively for purposes of:

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

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

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

deleted text begin (g) A school district making payments under paragraph (b)
shall place a sum equal to any difference between the amount of
salary that would have been paid to the employee who is
receiving the payments and the amount of salary being paid to
substitutes for that employee into a special fund that must be
used to pay or partially pay the deployed employee's payments
under paragraph (b). A school district is required to pay only
this amount to the deployed school district employee.
deleted text end

Sec. 3. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

new text begin The sums
indicated in this section are appropriated from the general fund
to the Department of Education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Salary differential reimbursement aid. new text end

new text begin For
salary differential reimbursement aid under Minnesota Statutes,
section 126C.195:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Any balance in the first year does not cancel but is
available in the second year.
new text end