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Minnesota Legislature

Office of the Revisor of Statutes

SF 274

as introduced - 91st Legislature (2019 - 2020) Posted on 01/17/2019 03:05pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to military affairs; requiring counties to provide pay differential to
employees while mobilized in the United States military's reserve component;
amending Minnesota Statutes 2018, section 471.975.

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

Section 1.

Minnesota Statutes 2018, section 471.975, is amended to read:


471.975 deleted text beginMAYdeleted text end PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.

(a) Except as provided in deleted text beginparagraphdeleted text endnew text begin paragraphsnew text end (b)new text begin and (c)new text end, a statutory or home rule
charter city, deleted text begincounty,deleted text end 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 base 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 base 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) 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 base 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 base rate of active duty pay, calculated by dividing the member's
base 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 and extracurricular activities. The
differential payment under this paragraph must be the difference between the daily base
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 daily
base rate of active duty pay is less than the person's daily rate of pay 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) new text beginA county 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 base active duty military salary and the salary the member would be
paid as an active county employee, including any adjustments the member would have
received if not on leave of absence. This payment shall be made only to a person whose
base active duty military salary is less than the salary the person would be paid as an active
county 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.
new text end

new text begin (d) new text endAn 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.

deleted text begin (d)deleted text endnew text begin (e)new text end Except as provided in paragraph deleted text begin(e)deleted text endnew text begin (f)new text end 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.

deleted text begin (e)deleted text endnew text begin (f)new text end A school districtnew text begin or countynew text end 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 districtnew text begin or countynew text end must offer the employee the option
to continue the dependent coverage at the employee's own expense. A school districtnew text begin or
county
new text end 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.

deleted text begin (f)deleted text endnew text begin (g)new text end 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.

deleted text begin (g)deleted text endnew text begin (h)new text end When an employee of a school districtnew text begin or countynew text end who, as a member of the National
Guard or any other reserve unit of the United States armed forces, reports for active service
as defined in section 190.05, subdivision 5, the districtnew text begin or countynew text end must place into a special
service members' aggregate salary savings account the amount of salary the districtnew text begin or countynew text end
would have paid to the employee during the employee's leave for military service. The
districtnew text begin or countynew text end must use the combined proceeds in the account only to fully pay the salary
differentials of all eligible deployed employees deleted text beginindeleted text endnew text begin who are employed bynew text end the districtnew text begin or
county
new text end, as determined under paragraph (b)new text begin or (c)new text end. Funds remaining in the account at the end
of the fiscal year after all obligations to employees under this statute have been satisfied
may be used to pay for new text beginreplacements or new text endsubstitutes for the deployed employees, and then
for any other purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively to the date an employee was ordered to active service on or after January
1, 2018.
new text end