1999 Minnesota Statutes

     356.50 Service and salary credit from back pay awards in 
  the event of wrongful discharge. 

    (a) A person who is wrongfully discharged from public 
 employment that gave rise to coverage by a public employee 
 pension plan listed in section 356.30, subdivision 3, is 
 entitled to obtain allowable service credit from the applicable 
 public employee pension plan for the applicable period caused by 
 the wrongful discharge.  A person is wrongfully discharged for 
 purposes of this section if: 

    (1) the person has been determined by a court of competent 
 jurisdiction or an arbitrator in binding arbitration to have 
 been wrongfully discharged from public employment; 

    (2) the person received an award of back pay with respect 
 to that discharge; and 

    (3) the award does not include any amount for any lost or 
 interrupted public pension plan coverage. 

    (b) To obtain the public pension plan allowable service 
 credit, the person shall pay the required member contribution 
 amount.  The required member contribution amount is the member 
 contribution rate or rates in effect for the pension plan during 
 the period of service covered by the back pay award, applied to 
 the unpaid gross salary amounts of the back pay award including 
 reemployment insurance, workers' compensation or wages from 
 other sources which reduced the back award.  No contributions 
 shall be made under this clause for compensation covered by a 
 public pension plan listed in section 356.30, subdivision 3, for 
 employment during the removal period.  The person shall pay the 
 required member contribution amount within 60 days of the date 
 of receipt of the back pay award, within 60 days of April 14, 
 1992, or within 60 days of a billing from the retirement fund, 
 whichever is later. 

    (c) The public employer who wrongfully discharged the 
 public employee must pay an employer contribution on the back 
 pay award.  The employer contribution must be based on the 
 employer contribution rate or rates in effect for the pension 
 plan during the period of service covered by the back pay award, 
 applied to the salary amount on which the member contribution 
 amount was determined under paragraph (b).  Interest on both the 
 required member and employer contribution amount must be paid by 
 the employer at the annual compound rate of 8.5 percent per 
 year, expressed monthly, between the date the contribution 
 amount would have been paid to the date of actual payment.  The 
 employer payment must be made within 30 days of the payment 
 under paragraph (b). 

    HIST: 1992 c 443 s 1; 1994 c 488 s 8