2003 Minnesota Statutes

     354.094 Extended leaves of absence. 

    Subdivision 1.    Service credit contributions.  Upon 
 granting any extended leave of absence under section 122A.46 or 
 136F.43, the employing unit granting the leave must certify the 
 leave to the association on a form specified by the executive 
 director.  A member granted an extended leave of absence under 
 section 122A.46 or 136F.43 may pay employee contributions and 
 receive allowable service credit toward annuities and other 
 benefits under this chapter, for each year of the leave, 
 provided that the member and the employing board make the 
 required employer contribution in any proportion they may agree 
 upon, during the period of the leave.  The employer may enter 
 into an agreement with the exclusive bargaining representative 
 of the teachers in the district under which, for an individual 
 teacher, all or a portion of the employee's contribution is paid 
 by the employer.  Any such agreement must include a sunset of 
 eligibility to qualify for the payment and must not be a part of 
 the collective bargaining agreement.  The leave period must not 
 exceed five years.  A member may not receive more than five 
 years of allowable service credit under this section.  The 
 employee and employer contributions must be based upon the rates 
 of contribution prescribed by section 354.42 for the salary 
 received during the year immediately preceding the extended 
 leave.  Payments for the years for which a member is receiving 
 service credit while on extended leave must be made on or before 
 the later of June 30 of each fiscal year for which service 
 credit is received or within 30 days after first notification of 
 the amount due, if requested by the member, is given by the 
 association.  No payment is permitted after the following 
 September 30.  Payments received after June 30 must include 
 interest at an annual rate of 8.5 percent from June 30 through 
 the end of the month in which payment is received.  
 Notwithstanding the provisions of any agreements to the 
 contrary, employee and employer contributions may not be made to 
 receive allowable service credit if the member does not have 
 full reinstatement rights as provided in section 122A.46 or 
 136F.43, both during and at the end of the extended leave. 

    Any school district paying the employee's retirement 
 contributions under this section shall forward to the applicable 
 retirement association or retirement fund a copy of the 
 agreement executed by the school district and the employee. 

    Subd. 1a. Repealed, 1991 c 130 s 38; 1991 c 340 s 34 

    Subd. 1b. Repealed, 1991 c 130 s 38; 1991 c 340 s 34 

    Subd. 2.    Membership; retention.  Notwithstanding 
 section 354.49, subdivision 4, clause (3), a member on extended 
 leave whose employee and employer contributions are paid into 
 the fund pursuant to subdivision 1 shall retain membership in 
 the association for as long as the contributions are paid, under 
 the same terms and conditions as if the member had continued to 
 teach in the district or the Minnesota State Colleges and 
 Universities system. 

    Subd. 3.    Effect of nonpayment.  A member on extended 
 leave of absence pursuant to section 122A.46 or 136F.43 who does 
 not pay employee contributions or whose employer contribution is 
 not paid into the fund in any year shall be deemed to cease to 
 render teaching services beginning in that year for purposes of 
 this chapter and may not pay employee or employer contributions 
 into the fund in any subsequent year of the leave.  Nonpayment 
 of contributions into the fund shall not affect the rights or 
 obligations of the member or the member's employer under section 
 122A.46 or 136F.43. 

    Subd. 4.    Member who does not resume teaching.  A 
 member who pays employee contributions into the fund for the 
 agreed maximum duration of an extended leave and who does not 
 resume teaching in the first school year after that maximum 
 duration has elapsed shall be deemed to cease to render teaching 
 services beginning in that year for purposes of this chapter. 

    Subd. 5.    Discharge; layoff.  The provisions of this 
 section shall not apply to a member who is discharged or placed 
 on unrequested leave of absence or retrenchment or layoff or 
 whose contract is terminated while the member is on an extended 
 leave of absence pursuant to section 122A.46 or 136F.43.  

    Subd. 6.    Limits on other service credit.  A member 
 who pays employee contributions and receives allowable service 
 credit in the association pursuant to this section may not pay 
 employee contributions or receive allowable service credit for 
 the same fiscal year in any other Minnesota public employee 
 pension plan, except a volunteer firefighters' relief 
 association governed by sections 69.771 to 69.776.  This 
 subdivision shall not be construed to prohibit a member who pays 
 employee contributions and receives allowable service credit in 
 the association 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 pay retirement contributions or 
 receive allowable service credit in the association for teaching 
 service rendered for any part of any year for which the teacher 
 pays retirement contributions or receives allowable service 
 credit pursuant to this section or section 354A.091 while on an 
 extended leave of absence pursuant to section 122A.46. 

    HIST: 1977 c 447 art 9 s 3; 1978 c 764 s 116,117; 1979 c 334 
 art 8 s 14,15; 1980 c 454 s 2-5; 1980 c 618 s 4; 1981 c 358 art 
 8 s 9-12; 1983 c 314 art 10 s 6-8; 1Sp1985 c 12 art 11 s 5; 1986 
 c 444; 1987 c 284 art 6 s 5; 1989 c 293 s 77,78; 1989 c 329 art 
 9 s 20,21; 1991 c 130 s 34; 1991 c 340 s 12; 1992 c 598 art 3 s 
 1; 1995 c 141 art 3 s 20; 1996 c 305 art 1 s 80; 1998 c 397 art 
 11 s 3; 2000 c 461 art 3 s 32; 1Sp2001 c 1 art 2 s 22; 1Sp2003 c 
 12 art 3 s 2