2001 Minnesota Statutes

     352B.01 Definitions. 

    Subdivision 1.    Scope.  In this chapter, the terms 
 defined in this section have the meanings given them. 

    Subd. 2.    Member.  "Member" means: 

    (1) a state patrol member currently employed after June 30, 
 1943, under section 299D.03 by the state, who is a peace officer 
 under section 626.84, and whose salary or compensation is paid 
 out of state funds; 

    (2) a conservation officer employed under section 97A.201, 
 currently employed by the state, whose salary or compensation is 
 paid out of state funds; 

    (3) a crime bureau officer who was employed by the crime 
 bureau and was a member of the highway patrolmen's retirement 
 fund on July 1, 1978, whether or not that person has the power 
 of arrest by warrant after that date, or who is employed as 
 police personnel, with powers of arrest by warrant under section 
 299C.04, and who is currently employed by the state, and whose 
 salary or compensation is paid out of state funds; 

    (4) a person who is employed by the state in the department 
 of public safety in a data processing management position with 
 salary or compensation paid from state funds, who was a crime 
 bureau officer covered by the state patrol retirement plan on 
 August 15, 1987, and who was initially hired in the data 
 processing management position within the department during 
 September 1987, or January 1988, with membership continuing for 
 the duration of the person's employment in that position, 
 whether or not the person has the power of arrest by warrant 
 after August 15, 1987; 

    (5) a public safety employee defined as a peace officer in 
 section 626.84, subdivision 1, paragraph (c), and employed with 
 the division of alcohol and gambling enforcement under section 
 299L.01; and 

    (6) a fugitive apprehension unit officer after October 31, 
 2000, employed by the office of special investigations of the 
 department of corrections who is a peace officer under section 
 626.84.  

    Subd. 2a. Repealed, 1993 c 307 art 7 s 1 

    Subd. 3.    Allowable service.  (a) "Allowable service" 
 means:  

    (1) for members defined in subdivision 2, clause (a), 
 monthly service is granted for any month for which payments have 
 been made to the state patrol retirement fund, and 

    (2) for members defined in subdivision 2, clauses (b) and 
 (c), service for which payments have been made to the state 
 patrol retirement fund, service for which payments were made to 
 the state police officers retirement fund after June 30, 1961, 
 and all prior service which was credited to a member for service 
 on or before June 30, 1961.  

    (b) Allowable service also includes any period of absence 
 from duty by a member who, by reason of injury incurred in the 
 performance of duty, is temporarily disabled and for which 
 disability the state is liable under the workers' compensation 
 law, until the date authorized by the executive director for 
 commencement of payment of a disability benefit or return to 
 employment.  

    (c) Allowable service also includes a period purchased 
 under section 356.555. 

    Subd. 3a.    Uncredited military service credit purchase. 
  (a) A member who has at least three years of allowable 
 service with the state patrol retirement plan under subdivision 
 3 and who performed service in the United States armed forces 
 before becoming a member is entitled to purchase allowable 
 service credit for the initial period of enlistment, induction, 
 or call to active duty without any voluntary extension by making 
 payment under section 356.55, if the employee is not entitled to 
 receive a current or deferred retirement annuity from a United 
 States armed forces pension plan and has not purchased service 
 credit from any other defined benefit public employee pension 
 plan for the same period of service. 

    (b) A member who desires to purchase service credit under 
 paragraph (a) must apply with the executive director to make the 
 purchase.  The application must include all necessary 
 documentation of the member's qualifications to make the 
 purchase, signed written permission to allow the executive 
 director to request and receive necessary verification of 
 applicable facts and eligibility requirements, and any other 
 relevant information that the executive director may require. 

    (c) Allowable service credit for the purchase period must 
 be granted by the state patrol retirement plan to the purchasing 
 employee upon receipt of the purchase payment amount.  Payment 
 must be made before the effective date of retirement of the 
 member. 

    Subd. 4.    Department head.  "Department head" means 
 the head of any department, institution, or branch of the state 
 service that directly pays salaries from state funds to a member 
 who prepares, approves, and submits salary abstracts of 
 employees to the commissioner of finance and state treasurer. 

    Subd. 5.  Repealed, 1975 c 368 s 51 

    Subd. 6.    Accumulated deductions.  "Accumulated 
 deductions" means the total sums deducted from the salary of a 
 member and the total amount of assessments paid by a member in 
 place of deductions, and credited to the member's individual 
 account, without interest. 

    Subd. 7.    Fund.  "Fund" means the state patrol 
 retirement fund. 

    Subd. 8. Repealed, 1983 c 128 s 36 

    Subd. 9.    Surviving spouse.  "Surviving spouse" means 
 a member's or former member's legally married spouse who resided 
 with the member or former member at the time of death and was 
 married to the member or former member, for a period of at least 
 one year, during or before the time of membership. 

    Subd. 10.    Dependent child.  "Dependent child" means a 
 natural or adopted unmarried child of a deceased member under 
 the age of 18 years, including any child of the member conceived 
 during the lifetime of the member and born after the death of 
 the member. 

    Subd. 11.    Average monthly salary.  "Average monthly 
 salary" means the average of the highest monthly salaries for 
 five years of service as a member.  Average monthly salary must 
 be based upon all allowable service if this service is less than 
 five years.  It does not include any lump-sum annual leave 
 payments and overtime payments made at the time of separation 
 from state service, any amounts of severance pay, or any reduced 
 salary paid during the period the person is entitled to workers' 
 compensation benefit payments for temporary disability.  A 
 member on leave of absence receiving temporary workers' 
 compensation payments and a reduced salary or no salary from the 
 employer who is entitled to allowable service credit for the 
 period of absence may make payment to the fund for the 
 difference between salary received, if any, and the salary the 
 member would normally receive if not on leave of absence during 
 the period.  The member shall pay an amount equal to the member 
 and employer contribution rate under section 352B.02, 
 subdivisions 1b and 1c, on the differential salary amount for 
 the period of the leave of absence.  The employing department, 
 at its option, may pay the employer amount on behalf of the 
 member.  Payment made under this subdivision must include 
 interest at the rate of 8.5 percent per year, and must be 
 completed within one year of the return from the leave of 
 absence. 

    HIST: 1943 c 637 s 12; 1973 c 178 s 1; 1973 c 492 s 14; 1977 c 
 429 s 14; 1978 c 720 s 4; 1979 c 262 s 1; 1981 c 37 s 2; 1981 c 
 224 s 274; 1983 c 128 s 17-19; 1986 c 386 art 4 s 26; 1986 c 
 444; 1987 c 229 art 7 s 1; 1987 c 259 s 21; 1989 c 319 art 13 s 
 24; 1990 c 570 art 1 s 3; 1993 c 307 art 2 s 11; art 3 s 5; 1997 
 c 129 art 2 s 15; 2000 c 461 art 3 s 2; art 4 s 2; 1Sp2001 c 10 
 art 3 s 14; art 6 s 2; art 8 s 2 

*   NOTE:  Subdivision 3a, as added by Laws 2000, chapter 461, 
*article 4, section 2, is repealed effective May 16, 2003.  Laws 
*2000, chapter 461, article 4, section 4, paragraph (b). 

*   NOTE:  The amendment to subdivision 3 by Laws 2001, First 
*Special Session chapter 10, article 6, section 2, expires May 
*16, 2003.  Laws 2001, First Special Session chapter 10, article 
*6, section 21.