Minnesota Legislature
SF 1624
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to the military; clarifying statutes
pertaining to the accumulation of vacation and sick
leave by public officers and employees while on
military leave and upon reinstatement in public office
or employment; authorizing payment for some or all of
the accumulated leave; amending Minnesota Statutes
2004, sections 192.261, subdivision 2; 471.975.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 192.261,
subdivision 2, is amended to read:
Subd. 2.
Reinstatement.
Except as otherwise hereinafter
provided, upon the completion of such service such officer or
employee shall be reinstated in the public position, which was
held at the time of entry into such service, or a public
position of like seniority, status, and pay if such is available
at the same salary which the officer or employee would have
received if the leave had not been taken, upon the following
conditions: (1) that the position has not been abolished or
that the term thereof, if limited, has not expired; (2) that the
officer or employee is not physically or mentally disabled from
performing the duties of such position; (3) that the officer or
employee makes written application for reinstatement to the
appointing authority within 90 days after termination of such
service, or 90 days after discharge from hospitalization or
medical treatment which immediately follows the termination of,
and results from, such service; provided such application shall
be made within one year and 90 days after termination of such
service notwithstanding such hospitalization or medical
treatment; (4) that the officer or employee submits an honorable
discharge or other form of release by proper authority
indicating that the officer's or employee's military or naval
service was satisfactory. Upon such reinstatement the officer
or employee shall have the same rights with respect to accrued
and future seniority status, efficiency rating, vacation, sick
leave, and other benefits as if that officer or employee had
been actually employed during the time of such leave. new text begin The
officer or employee reinstated under this section is entitled to
vacation and sick leave with pay as provided in any applicable
civil service rules, collective bargaining agreement, or
compensation plan, and accumulates vacation and sick leave from
the time the person enters active military service until the
date of reinstatement without regard to any otherwise applicable
limits on civil service rules limiting the number of days which
may be accumulated.new text end No officer or employee so reinstated shall
be removed or discharged within one year thereafter except for
cause, after notice and hearing; but this shall not operate to
extend a term of service limited by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day
following final enactment and applies to any public officer or
public employee serving in active military service on or after
September 11, 2001.
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) Subject to the limits under paragraph (g), 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) deleted text begin Notwithstanding other obligations under law and deleted text end Except
as provided in paragraph (e) new text begin and elsewhere in Minnesota
Statutesnew text end , 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.
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day
following final enactment and applies to any public officer or
public employee serving in active military service on or after
September 11, 2001.
new text end