SF 2363

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the military; providing assistance to school districts that pay salary
differential for certain members of the military; appropriating money; amending
Minnesota Statutes 2006, section 471.975.

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

Section 1.

Minnesota Statutes 2006, 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) 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). deleted text begin A school district is required to pay only this
amount to the deployed school district employee. deleted text end new text begin If requested to do so by a school district,
the adjutant general shall reimburse the school district for the portion of payments under
paragraph (b) not covered by the amount placed in a special fund under this paragraph.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the adjutant general
to reimburse school districts under Minnesota Statutes, section 471.975, paragraph (g).
new text end