1997 Minnesota Statutes

     354.66 Qualified part-time teachers; membership in 
  association. 

    Subdivision 1.    Teachers, defined.  As used in this 
 section, the term "teachers" shall have the meaning given it in 
 section 125.03, subdivision 1, except that the term shall not 
 include superintendents.  The term shall also have the meaning 
 given it in section 136F.43, subdivision 1. 

    Subd. 1a.    Board, defined.  For purposes of this 
 section, the term "board" means a school district board and the 
 board of trustees of the Minnesota state colleges and 
 universities.  

    Subd. 1b.    District, defined.  For purposes of this 
 section, the term "district" means a school district, the 
 community college system and the state university system. 

    Subd. 1c.    Participation.  Participation in the 
 part-time mobility program must be based on a full fiscal year 
 and the employment pattern of the teacher during the most recent 
 fiscal year. 

    Subd. 2.    Part-time positions.  A teacher in the 
 public elementary schools, secondary schools, or technical 
 colleges or in the community college system or the state 
 university system of the state who has three years or more of 
 allowable service in the association or three years or more of 
 full-time teaching service in Minnesota public elementary 
 schools, secondary schools, or technical colleges or in the 
 community college system or the state university system, may, by 
 agreement with the board of the employing district, be assigned 
 to teaching service within the district in a part-time teaching 
 position.  The association must receive a copy of the agreement 
 before October 1 of the year for which the teacher requests to 
 make retirement contributions under subdivision 4. 

    Subd. 3.    Part-time teaching position, defined.  For 
 purposes of this section, the term "part-time teaching position" 
 shall mean a teaching position within the district in which the 
 teacher is employed for at least 50 full days or a fractional 
 equivalent thereof as prescribed in section 354.091, and for 
 which the teacher is compensated in an amount not exceeding 67 
 percent of the compensation established by the board for a 
 full-time teacher with identical education and experience with 
 the employing unit.  The compensation of a teacher in the state 
 colleges and university system may exceed the 67 percent limit 
 if the teacher does not teach just one of the three quarters in 
 the system's full school year, provided no additional services 
 are performed while the teacher participates in the program. 

    Subd. 4.    Retirement contributions.  Notwithstanding 
 any provision to the contrary in this chapter relating to the 
 salary figure to be used for the determination of contributions 
 or the accrual of service credit, a teacher assigned to a 
 part-time position under this section shall continue to make 
 employee contributions to and to accrue allowable service credit 
 in the retirement fund during the period of part-time employment 
 on the same basis and in the same amounts as would have been 
 paid and accrued if the teacher had been employed on a full-time 
 basis provided that, prior to June 30 each year, or within 30 
 days after notification by the association of the amount due, 
 whichever is later, the member and the employing board make that 
 portion of the required employer contribution to the retirement 
 fund, in any proportion which they may agree upon, that is based 
 on the difference between the amount of compensation that would 
 have been paid if the teacher had been employed on a full-time 
 basis and the amount of compensation actually received by the 
 teacher for the services rendered in the part-time assignment.  
 The employing unit shall make that portion of the required 
 employer contributions to the retirement fund on behalf of the 
 teacher that is based on the amount of compensation actually 
 received by the teacher for the services rendered in the 
 part-time assignment.  The employee and employer contributions 
 shall be based upon the rates of contribution prescribed by 
 section 354.42.  Full accrual of allowable service credit and 
 employee contributions for part-time teaching service pursuant 
 to this section and section 354A.094 shall not continue for a 
 period longer than ten years. 

    Subd. 4a. Repealed, 1987 c 398 art 7 s 43 

    Subd. 5.    Other membership precluded.  A teacher 
 entitled to full accrual of allowable service credit and 
 employee contributions for part time teaching service pursuant 
 to this section shall not be entitled during the same period of 
 time to be a member of, accrue allowable service credit in or 
 make employee contributions to any other Minnesota public 
 employee pension plan, except a volunteer firefighters' relief 
 association governed by sections 69.771 to 69.776. 

    Subd. 6.    Insurance.  A board of an employing district 
 entering into an agreement authorized by this section shall take 
 all steps necessary to assure continuance of any insurance 
 programs furnished or authorized a full time teacher on an 
 identical basis and with identical sharing of costs for a part 
 time teacher pursuant to this section, provided, however, that 
 the requirements of this sentence may be modified by a 
 collective bargaining agreement between a board and an exclusive 
 representative pursuant to chapter 179.  Teachers as defined in 
 section 136F.43 employed on a less than 75 percent time basis 
 pursuant to this section shall be eligible for state paid 
 insurance benefits as if the teachers were employed full time. 

    Subd. 7.    Eligibility for credit.  Only teachers who 
 are public employees as defined in section 179A.03, subdivision 
 14, during the school year preceding the period of part-time 
 employment pursuant to this section shall qualify for full 
 accrual of service credit from, and employee contributions to 
 the retirement fund for part-time teaching service pursuant to 
 subdivision 4.  Notwithstanding the provisions of section 
 179A.03, subdivision 14, clauses (e) and (f), teachers who are 
 employed on a part-time basis for purposes of this section and 
 who would therefore be disqualified from the bargaining unit by 
 one or both of those provisions, shall continue to be in the 
 bargaining unit during the period of part-time employment 
 pursuant to this section for purposes of compensation, fringe 
 benefits and the grievance procedure. 

    Subd. 8.    Restrictions on accrual.  No teacher shall 
 qualify for full accrual of service credit from and employee 
 contributions to the retirement association or a teachers 
 retirement fund association for part time teaching service 
 pursuant to subdivision 4 or section 354A.094, subdivision 4, in 
 more than one district at the same time.  No teacher shall 
 qualify for full accrual of service credit from and employee 
 contributions to the retirement association or a teachers 
 retirement fund association for part time teaching service 
 during part time employment in a district pursuant to this 
 section in any year when the teacher also takes a full time or 
 part time teaching position in another Minnesota school district.

    Subd. 9. Repealed, 1987 c 398 art 7 s 43 

    Subd. 10.    Board power not restricted.  Nothing in 
 this section shall be construed to limit the authority of a 
 board to assign a teacher to a part time teaching position which 
 does not qualify for full accrual of service credit from and 
 employee contributions to the retirement fund pursuant to this 
 section. 

    Subd. 11.    Substitute teaching.  Neither subdivision 5 
 nor 8 shall be construed to prohibit a teacher who qualifies for 
 full accrual of service credit from and employee contributions 
 to the retirement fund pursuant to this section in any year from 
 being employed as a substitute teacher by any school district 
 during that year.  Notwithstanding the provisions of sections 
 354.091 and 354.42, a teacher may not qualify for full accrual 
 of service credit from and employee contributions to the 
 retirement fund for other teaching service rendered for any part 
 of any year for which the teacher qualifies for full accrual of 
 service credit from and employee contributions to the retirement 
 fund pursuant to this section or section 354A.094. 

    HIST: 1977 c 447 art 9 s 4; 1978 c 764 s 118,119; 1979 c 334 
 art 8 s 16-19; 1980 c 454 s 6-13; 1980 c 618 s 5; 1981 c 224 s 
 129; 1981 c 358 art 8 s 13; 1982 c 548 art 4 s 15; 1982 c 578 
 art 3 s 5; 1983 c 314 art 10 s 9-11; 1984 c 462 s 27; 1Sp1985 c 
 12 art 6 s 19; art 11 s 9; 1986 c 444; 1987 c 258 s 12; 1987 c 
 384 art 2 s 1; 1989 c 246 s 2; 1989 c 319 art 9 s 22; art 18 s 
 3; 1990 c 426 art 1 s 44; 1990 c 570 art 12 s 44; 1994 c 521 s 
 1,2; 1994 c 528 art 3 s 31-33; 1995 c 141 art 3 s 20; 1995 c 262 
 art 1 s 5; 1996 c 305 art 1 s 85,86; 1997 c 7 art 1 s 131; 1997 
 c 183 art 3 s 38 

*   NOTE:  Subdivision 2 was also amended by Laws 1994, chapter 
*572, section 6, effective July 1, 1995, to read as follows: 

*   "Subd. 2.  A teacher in the public elementary schools, 
*secondary schools, or technical colleges or in the community 
*college system or the state university system of the state who 
*has 20 years or more of allowable service in the fund or 20 
*years or more of full-time teaching service in Minnesota public 
*elementary schools, secondary schools, or technical colleges or 
*in the community college system or the state university system, 
*or a teacher in the technical college system, community college 
*system, or state university system who has attained at least age 
*55 and has ten years or more of allowable service in the fund or 
*ten years or more of full-time teaching service as described in 
*this subdivision, may, by agreement with the board of the 
*employing district, be assigned to teaching service within the 
*district in a part-time teaching position."