Minnesota Legislature
SF 1794
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am
Current Version - 2nd Engrossment
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A bill for an act
relating to veterans; clarifying the circumstances under which pay differential
applies for deployed National Guard and reserve members who are teachers;
amending Minnesota Statutes 2008, section 471.975.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, 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 deleted text begin basicdeleted text end new text begin basenew text end 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 deleted text begin basicdeleted text end new text begin basenew text end 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 deleted text begin basicdeleted text end new text begin basenew text end 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
new text begin basenew text end rate of active duty pay, calculated by dividing the member's new text begin basenew text end 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 new text begin and extracurricularnew text end activities. The differential payment
under this paragraph must be the difference between the daily new text begin basenew text end 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 deleted text begin basic active duty military
salarydeleted text end new text begin daily base rate of active duty paynew text end is less than the deleted text begin salary the person would be paiddeleted text end new text begin
person's daily rate of paynew text end 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) Except as provided in paragraph (e) and elsewhere in Minnesota Statutes, 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 members of the National Guard and other reserve components of the United
States armed forces serving in active military service on or after that date.
new text end