SF 3795

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to teacher retirement; clarifying 
  1.3             participation by teachers employed by a teacher 
  1.4             professional association; amending Minnesota Statutes 
  1.5             1998, sections 124D.10, subdivision 20; 354.05, 
  1.6             subdivision 2; and 354A.011, subdivision 27. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 124D.10, 
  1.9   subdivision 20, is amended to read: 
  1.10     Subd. 20.  [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a 
  1.11  teacher employed by a district makes a written request for an 
  1.12  extended leave of absence to teach at a charter school whether 
  1.13  as an employee of the school, as an employee of a cooperative or 
  1.14  other teacher professional association providing instructional 
  1.15  services to the school, or in any other capacity, the district 
  1.16  must grant the leave.  The district must grant a leave for any 
  1.17  number of years requested by the teacher, and must extend the 
  1.18  leave at the teacher's request.  The district may require that 
  1.19  the request for a leave or extension of leave be made up to 90 
  1.20  days before the teacher would otherwise have to report for 
  1.21  duty.  Except as otherwise provided in this subdivision and 
  1.22  except for section 122A.46, subdivision 7, the leave is governed 
  1.23  by section 122A.46, including, but not limited to, 
  1.24  reinstatement, notice of intention to return, seniority, salary, 
  1.25  and insurance. 
  1.26     During a leave, the teacher may continue to aggregate 
  2.1   benefits and credits in the teachers' retirement association 
  2.2   account by paying both the employer and employee contributions 
  2.3   based upon the annual salary of the teacher for the last full 
  2.4   pay period before the leave began.  The retirement association 
  2.5   may impose reasonable requirements to efficiently administer 
  2.6   this subdivision.  
  2.7      Sec. 2.  Minnesota Statutes 1998, section 354.05, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [TEACHER.] (a) "Teacher" means: 
  2.10     (1) a person who renders service as a teacher, supervisor, 
  2.11  principal, superintendent, librarian, nurse, counselor, social 
  2.12  worker, therapist, or psychologist in the public schools of the 
  2.13  state located outside of the corporate limits of the cities of 
  2.14  the first class as those cities were so classified on January 1, 
  2.15  1979, or in the state colleges and universities system, or in 
  2.16  any charitable, penal, or correctional institutions of a 
  2.17  governmental subdivision, or who is engaged in educational 
  2.18  administration in connection with the state public school 
  2.19  system, including the state colleges and university system, but 
  2.20  excluding the University of Minnesota, whether the position be a 
  2.21  public office or an employment, not including members or 
  2.22  officers of any general governing or managing board or body; 
  2.23     (2) an employee of the teachers retirement association 
  2.24  unless the employee is covered by the Minnesota state retirement 
  2.25  system by virtue of prior employment by the association; 
  2.26     (3) a person who renders teaching service on a part-time 
  2.27  basis and who also renders other services for a single employing 
  2.28  unit.  In such cases, the executive director shall determine 
  2.29  whether all or none of the combined service is covered by the 
  2.30  association, however a person whose teaching service comprises 
  2.31  at least 50 percent of the combined employment salary is a 
  2.32  member of the association for all services with the single 
  2.33  employing unit; or 
  2.34     (4) a person who renders services as a teacher, supervisor, 
  2.35  principal, superintendent, librarian, nurse, counselor, social 
  2.36  worker, therapist, or psychologist in a public school, 
  3.1   including, but not limited to, charter schools organized under 
  3.2   section 124D.10, when such services are provided by such person 
  3.3   as an employee of a teacher professional association formed 
  3.4   under chapters 308A, 319B, 322B, 323, 323A, or any other 
  3.5   appropriate law. 
  3.6      (b) The term does not mean: 
  3.7      (1) an employee described in section 352D.02, subdivision 
  3.8   1a, who is hired after the effective date of Laws 1986, chapter 
  3.9   458; 
  3.10     (2) a person who works for a school or institution as an 
  3.11  independent contractor as defined by the Internal Revenue 
  3.12  Service; 
  3.13     (3) a person employed in subsidized on-the-job training, 
  3.14  work experience or public service employment as an enrollee 
  3.15  under the federal Comprehensive Employment and Training Act from 
  3.16  and after March 30, 1978, unless the person has, as of the later 
  3.17  of March 30, 1978, or the date of employment, sufficient service 
  3.18  credit in the retirement association to meet the minimum vesting 
  3.19  requirements for a deferred retirement annuity, or the employer 
  3.20  agrees in writing on forms prescribed by the executive director 
  3.21  to make the required employer contributions, including any 
  3.22  employer additional contributions, on account of that person 
  3.23  from revenue sources other than funds provided under the federal 
  3.24  Comprehensive Training and Employment Act, or the person agrees 
  3.25  in writing on forms prescribed by the executive director to make 
  3.26  the required employer contribution in addition to the required 
  3.27  employee contribution; 
  3.28     (4) a person holding a part-time adult supplementary 
  3.29  technical college license who renders part-time teaching service 
  3.30  in a technical college if (i) the service is incidental to the 
  3.31  regular nonteaching occupation of the person; and (ii) the 
  3.32  applicable technical college stipulates annually in advance that 
  3.33  the part-time teaching service will not exceed 300 hours in a 
  3.34  fiscal year and retains the stipulation in its records; and 
  3.35  (iii) the part-time teaching service actually does not exceed 
  3.36  300 hours in a fiscal year; or 
  4.1      (5) a person exempt from licensure pursuant to section 
  4.2   122A.30. 
  4.3      Sec. 3.  Minnesota Statutes 1998, section 354A.011, 
  4.4   subdivision 27, is amended to read: 
  4.5      Subd. 27.  [TEACHER.] "Teacher" means any person who 
  4.6   renders service in a public school district, including, but not 
  4.7   limited to, a charter school organized under section 124D.10, 
  4.8   located in the corporate limits of one of the cities of the 
  4.9   first class which was so classified on January 1, 1979, as any 
  4.10  of the following: 
  4.11     (a) a full-time employee in a position for which a valid 
  4.12  license from the state department of children, families, and 
  4.13  learning is required; 
  4.14     (b) an employee of the teachers retirement fund association 
  4.15  located in the city of the first class unless the employee has 
  4.16  exercised the option pursuant to Laws 1955, chapter 10, section 
  4.17  1, to retain membership in the Minneapolis employees retirement 
  4.18  fund established pursuant to chapter 422A; 
  4.19     (c) a part-time employee in a position for which a valid 
  4.20  license from the state department of children, families, and 
  4.21  learning is required; or 
  4.22     (d) a part-time employee in a position for which a valid 
  4.23  license from the state department of children, families, and 
  4.24  learning is required who also renders other nonteaching services 
  4.25  for the school district unless the board of trustees of the 
  4.26  teachers retirement fund association determines that the 
  4.27  combined employment is on the whole so substantially dissimilar 
  4.28  to teaching service that the service shall not be covered by the 
  4.29  association; or 
  4.30     (e) an employee of a teacher professional association 
  4.31  formed under chapter 308A, 319B, 322B, 323, 323A, or any other 
  4.32  appropriate law. 
  4.33     The term shall not mean any person who renders service in 
  4.34  the school district as any of the following: 
  4.35     (1) an independent contractor or the employee of an 
  4.36  independent contractor; 
  5.1      (2) an employee who is a full-time teacher covered by 
  5.2   another teachers retirement fund association established 
  5.3   pursuant to this chapter or chapter 354; 
  5.4      (3) an employee exempt from licensure pursuant to section 
  5.5   122A.30; 
  5.6      (4) an employee who is a teacher in a technical college 
  5.7   located in a city of the first class unless the person elects 
  5.8   coverage by the applicable first class city teacher retirement 
  5.9   fund association under section 354B.21, subdivision 2; or 
  5.10     (5) an employee who is a part-time teacher in a technical 
  5.11  college in a city of the first class and who has elected 
  5.12  coverage by the applicable first class city teacher retirement 
  5.13  fund association under section 354B.21, subdivision 2, but (i) 
  5.14  the teaching service is incidental to the regular nonteaching 
  5.15  occupation of the person; (ii) the applicable technical college 
  5.16  stipulates annually in advance that the part-time teaching 
  5.17  service will not exceed 300 hours in a fiscal year; and (iii) 
  5.18  the part-time teaching actually does not exceed 300 hours in the 
  5.19  fiscal year to which the certification applies.