Minnesota Legislature
HF 3390
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/13/2006 |
Current Version - as introduced
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A bill for an act
relating to employee relations; changing eligibility criteria for the salary
differential program for state employees ordered to active military service;
amending Minnesota Statutes 2005 Supplement, section 43A.183.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 43A.183, is amended to read:
43A.183 PAYMENT OF SALARY DIFFERENTIAL deleted text begin FORdeleted text end new text begin TOnew text end RESERVE
FORCES WHO deleted text begin REPORTEDdeleted text end new text begin REPORTnew text end FOR ACTIVE SERVICE.
new text begin Subdivision 1. new text end
new text begin Payment required. new text end
deleted text begin (a)deleted text end Each agency head shall pay to each eligible
member deleted text begin of the National Guard or other reserve component of the United States armed
forcesdeleted text end 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 deleted text begin militarydeleted text end service. deleted text begin The person's salary
differential is calculated as
deleted text end
new text begin
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 prior to, during, or following the person's active
service on or after May 29, 2003.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision apply to this section.
new text end
new text begin (b) "Salary differential" meansnew text end the difference between:
(1) the person's monthly total gross earnings as an active state employee, excluding
any overtime pay received but including all other earnings, averaged over the last three
full months of the person's active state employment prior to reporting to active deleted text begin militarydeleted text end
service, and including any additional salary or earnings adjustments that the person
would have received at any time during the person's deleted text begin militarydeleted text end new text begin authorizednew text end leave new text begin from state
employment new text end had the person been serving as an active state employee during that time; and
(2) the person's monthly base pay in active deleted text begin militarydeleted text end service.
deleted text begin
This payment may be made only to a person for whom the amount in clause (1) is
greater than the amount in 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 of the National
Guard or other reserve component of the United States armed forces may apply for the
pay differential benefits authorized under this section prior to, during, or following the
person's active military service on or after May 29, 2003.
deleted text end
deleted text begin (b) An eligible member of the reserve componentsdeleted text end new text begin (c) "Eligible member" means:
new text end
new text begin (1) any member of the National Guard or other reserve component new text end of the United
States armed forces deleted text begin is a reservist or National Guard memberdeleted text end 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 servicenew text begin ; and
new text end
new text begin (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 servicenew text end .
deleted text begin (c) For purposes of this section, an employee of the state isdeleted text end new text begin (d) "State employee"
meansnew text end 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.
deleted text begin (d) For purposes of this section, the termdeleted text end new text begin (e)new text end "Active service" has the meaning
given in section 190.05, subdivision 5, new text begin for military members, and includes substantially
comparable service for reserve members of other nonmilitary components of the uniformed
services of the United States, new text end but excludes service performed exclusively for purposes of:
(1) basic deleted text begin combatdeleted text end 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 authoritynew text begin , as well as substantially
comparable service by members of other nonmilitary components of the uniformed
services of the United Statesnew text end .
new text begin Subd. 3. new text end
new text begin Health and dental coverage. new text end
deleted text begin (e)deleted text end The agency head must continue the
employee's enrollment in health and dental coverage, and the employer contribution
toward that coverage, until the employee reports for active deleted text begin militarydeleted text end service. If the
employee had elected dependent coverage for health or dental coverage as of the time that
the employee reported for active service, the agency head must offer the employee the
option to continue the dependent coverage at the employee's own expense. The agency
head 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. An employee who has opted to continue a
permitted benefit may cancel that continuation at any time during the person's deleted text begin militarydeleted text end new text begin
authorizednew text end leave new text begin from state employment new text end by written notification from the employee, or
from the employee's designated attorney-in-fact under a power of attorney, to the agency
head or the commissioner of employee relations.
new text begin Subd. 4. new text end
new text begin Notice. new text end
deleted text begin (f)deleted text end The agency head must periodically inform in writing all
agency personnel who are or may be members of the reserve component of the United
States armed forces new text begin or any other nonmilitary reserve component of the uniformed services
of the United States new text end of the benefits provided under this section and of the procedures
relevant to securing those benefits, including, but not limited to, any procedures regarding
the continuation and discontinuation of any optional deductions. It will suffice to meet
this requirement if the agency head posts the information on the agency Web site in a
highly recognizable manner that can be easily found and understood by the employees
to whom it might apply.
Upon being ordered to active deleted text begin dutydeleted text end new text begin servicenew text end , the employee must notify the agency
head of that order in a timely manner and must provide to the agency head the name of
and contact information for the employee's designated attorney-in-fact under a power of
attorney. Prior to the commencement of the employee's deleted text begin militarydeleted text end new text begin authorizednew text end leavenew text begin from
state employmentnew text end , the agency head must ensure the agency's receipt of that information
and immediately convey that information to the commissioners of finance and employee
relations, including any subsequent change in that designation by the employee. When
communicating with the employee during the person's deleted text begin militarydeleted text end leave, the agency head and
the commissioners of finance and employee relations must immediately provide a copy of
the communication to the employee's designated attorney-in-fact. Those officials must
also honor requests for information or other appropriate directives from that designee on
behalf of the employee during the employee's deleted text begin militarydeleted text end leave.
new text begin Subd. 5. new text end
new text begin Procedures. new text end
deleted text begin (g)deleted text end The commissioners of employee relations and finance
shall adopt procedures required to implement this section. The procedures are exempt
from chapter 14.
new text begin Subd. 6. new text end
new text begin Exclusion. new text end
deleted text begin (h)deleted text end This section does not apply to a judge, legislator, or
constitutional officer of the executive branch.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for Minnesota state employees
serving in active service on or after July 1, 2006.
new text end