1.1                          A bill for an act
  1.2             relating to the military; requiring payment of a 
  1.3             salary differential to certain state employees who are 
  1.4             members of the national guard or other military 
  1.5             reserve units and who have been called to active 
  1.6             military duty on or after September 11, 2001; 
  1.7             permitting local governments to pay a similar salary 
  1.8             differential for their employees who are called from 
  1.9             reserve status to active military service; amending 
  1.10            Minnesota Statutes 2002, section 471.975; proposing 
  1.11            coding for new law in Minnesota Statutes, chapter 43A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [43A.183] [PAYMENT OF SALARY DIFFERENTIAL FOR 
  1.14  RESERVE FORCES ORDERED TO ACTIVE SERVICE.] 
  1.15     (a) Each agency head shall pay to each eligible member of 
  1.16  the national guard or other reserve component of the armed 
  1.17  forces of the United States an amount equal to the difference 
  1.18  between the member's basic active duty military salary and the 
  1.19  salary the member would be paid as an active state employee, 
  1.20  including any adjustments the member would have received if not 
  1.21  on leave of absence.  This payment may be made only to a person 
  1.22  whose basic active duty military salary is less than the salary 
  1.23  the person would be paid as an active state employee.  Payments 
  1.24  must be made at the intervals at which the member received pay 
  1.25  as a state employee.  Back pay authorized by this section may be 
  1.26  paid in a lump sum. Each agency head shall also pay any benefit 
  1.27  to which the member was entitled immediately before the member 
  1.28  was ordered to active service.  Payment under this section must 
  2.1   not extend beyond four years from the date the employee was 
  2.2   ordered to active service, plus any additional time the employee 
  2.3   may be legally required to serve. 
  2.4      (b) An eligible member of the reserve components of the 
  2.5   armed forces of the United States is a reservist or national 
  2.6   guard member who was an employee of the state of Minnesota at 
  2.7   the time the member was ordered to active service on or after 
  2.8   September 11, 2001. 
  2.9      (c) For the purposes of this section, an employee of the 
  2.10  state is an employee of the executive, judicial, or legislative 
  2.11  branch of state government or an employee of the Minnesota state 
  2.12  retirement system, the public employee retirement association, 
  2.13  or the teachers retirement association. 
  2.14     (d) For purposes of this section, the term "active service" 
  2.15  has the meaning given in section 190.05, subdivision 5, but 
  2.16  excludes service performed exclusively for purposes of: 
  2.17     (1) basic combat training, advanced individual training, 
  2.18  annual training, and periodic inactive duty training; 
  2.19     (2) special training periodically made available to reserve 
  2.20  members; and 
  2.21     (3) service performed in accordance with section 190.08, 
  2.22  subdivision 3. 
  2.23     (e) The commissioner of employee relations and the 
  2.24  commissioner of finance shall adopt procedures required to 
  2.25  implement this section.  The procedures are exempt from chapter 
  2.26  14. 
  2.27     Sec. 2.  Minnesota Statutes 2002, section 471.975, is 
  2.28  amended to read: 
  2.29     471.975 [MAY PAY SALARY DIFFERENTIAL OF RESERVE ON ACTIVE 
  2.30  DUTY.] 
  2.31     (a) A statutory or home rule charter city, county, town, 
  2.32  school district, or other political subdivision may pay to each 
  2.33  eligible member of the national guard or other reserve 
  2.34  components component of the armed forces of the United States an 
  2.35  amount equal to the difference between the member's basic active 
  2.36  duty military salary and the salary the member would be paid as 
  3.1   an active political subdivision employee, including any 
  3.2   adjustments the member would have received if not on leave of 
  3.3   absence.  This payment may be made only to a person whose basic 
  3.4   active duty military salary is less than the salary the person 
  3.5   would be paid as an active political subdivision employee.  
  3.6   Payments must be made at the intervals at which the member 
  3.7   received pay as a political subdivision employee.  Back pay 
  3.8   authorized by this section may be paid in a lump sum.  Such pay 
  3.9   shall Payment under this section must not extend beyond four 
  3.10  years from the date the employee was called ordered to active 
  3.11  duty service, plus such any additional time in each case as 
  3.12  such the employee may be legally required to serve pursuant to 
  3.13  law. 
  3.14     (b) An eligible member of the reserve components of the 
  3.15  armed forces of the United States is a reservist or national 
  3.16  guard member who was an employee of a political subdivision at 
  3.17  the time the member was called ordered to active duty and who 
  3.18  was or is called to active duty service on or after August 1, 
  3.19  1990, because of Operation Desert Shield, Operation Desert 
  3.20  Storm, or any other action taken by the armed forces relating to 
  3.21  hostilities between the United States and the Republic of 
  3.22  Iraq September 11, 2001. 
  3.23     (c) Notwithstanding other obligations under law, a 
  3.24  political subdivision has total discretion regarding employee 
  3.25  benefit continuation for a member ordered to active service and 
  3.26  the terms and conditions of any benefit. 
  3.27     (d) For purposes of this section, "active service" has the 
  3.28  meaning given in section 190.05, subdivision 5, but excludes 
  3.29  service performed exclusively for purposes of: 
  3.30     (1) basic combat training, advanced individual training, 
  3.31  annual training, and periodic inactive duty training; 
  3.32     (2) special training periodically made available to reserve 
  3.33  members; and 
  3.34     (3) service performed in accordance with section 190.08, 
  3.35  subdivision 3. 
  3.36     Sec. 3.  [EFFECTIVE DATE.] 
  4.1      Sections 1 and 2 are effective the day following final 
  4.2   enactment and apply retroactively to the date an employee was 
  4.3   ordered to active service on or after September 11, 2001.