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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 123-H.F.No. 294 
                  An act relating to the military; requiring payment of 
                  a salary differential and continuation of certain 
                  benefits to certain state employees who are members of 
                  the national guard or other military reserve units and 
                  who reported for active military duty; permitting 
                  local governments to pay a similar salary differential 
                  for their employees who are members of the national 
                  guard or other military reserve units and who have 
                  reported for active military service; amending 
                  Minnesota Statutes 2002, section 471.975; proposing 
                  coding for new law in Minnesota Statutes, chapter 43A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [43A.183] [PAYMENT OF SALARY DIFFERENTIAL FOR 
        RESERVE FORCES WHO REPORTED FOR ACTIVE SERVICE.] 
           (a) Each agency head 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 state 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 state employee.  Payments 
        must be made at the intervals at which the member received pay 
        as a state 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. 
           (b) 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 the state of Minnesota at 
        the time the member reported for active service. 
           (c) For the purposes of this section, an employee of the 
        state is an employee of the executive, judicial, or legislative 
        branch of state government or an employee of the Minnesota state 
        retirement system, the public employee retirement association, 
        or the teachers retirement association. 
           (d) For purposes of this section, the term "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. 
           (e) The agency head 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, the agency head must offer the employee the option to 
        continue the dependent coverage at the employee's own expense.  
        The agency head must permit the employee to continue 
        participating in any pre-tax account in which the employee 
        participated when the employee reported for active service, to 
        the extent of employee pay available for that purpose. 
           (f) The commissioner of employee relations and the 
        commissioner of finance shall adopt procedures required to 
        implement this section.  The procedures are exempt from chapter 
        14. 
           (g) This section does not apply to a judge, legislator, or 
        constitutional officer of the executive branch. 
           Sec. 2.  Minnesota Statutes 2002, section 471.975, is 
        amended to read: 
           471.975 [MAY PAY SALARY DIFFERENTIAL OF RESERVE ON ACTIVE 
        DUTY.] 
           (a) A statutory or home rule charter city, county, town, 
        school district, or other political subdivision may pay to each 
        eligible member of the national guard or other reserve 
        components 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.  
        Payments must be made at the intervals at which the member 
        received pay as a political subdivision employee. Back pay 
        authorized by this section may be paid in a lump sum.  Such pay 
        shall Payment under this section must not extend beyond four 
        years from the date the employee was called to reported for 
        active duty service, plus such any additional time in each 
        case as such the employee may be legally required to serve 
        pursuant to law. 
           (b) 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 was called to reported for active duty and 
        who was or is called to active duty service on or after August 
        1, 1990, because of Operation Desert Shield, Operation Desert 
        Storm, or any other action taken by the armed forces relating to 
        hostilities between the United States and the Republic of 
        Iraq the effective date of this act or who is on active service 
        on the effective date of this act. 
           (c) Notwithstanding other obligations under law, a 
        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. 
           (d) 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. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment and apply to salary differential for active service on 
        or after that date. 
           Presented to the governor May 24, 2003 
           Signed by the governor May 28, 2003, 1:41 p.m.