2004 Minnesota Statutes

     43A.183 Payment of salary differential for reserve 
  forces who reported for active service. 

    (a) Each agency head shall pay to each eligible member of 
 the National Guard or other reserve component of the armed 
 forces of the United States an amount equal to the difference 
 between the member's basic active duty military salary and the 
 salary the member would be paid as an active state employee, 
 including any adjustments the member would have received if not 
 on leave of absence.  This payment may be made only to a person 
 whose basic active duty military salary is less than the salary 
 the person would be paid as an active state employee.  Payments 
 must be made at the intervals at which the member received pay 
 as a state employee.  Payment under this section must not extend 
 beyond four years from the date the employee reported for active 
 service, plus any additional time the employee may be legally 
 required to serve. 

    (b) An eligible member of the reserve components of the 
 armed forces of the United States is a reservist or National 
 Guard member who was an employee of the state of Minnesota at 
 the time the member reported for active service. 

    (c) For the purposes of this section, an employee of the 
 state is an employee of the executive, judicial, or legislative 
 branch of state government or an employee of the Minnesota State 
 Retirement System, the Public Employee Retirement Association, 
 or the Teachers Retirement Association. 

    (d) For purposes of this section, the term "active service" 
 has the meaning given in section 190.05, subdivision 5, but 
 excludes service performed exclusively for purposes of: 

    (1) basic combat training, advanced individual training, 
 annual training, and periodic inactive duty training; 

    (2) special training periodically made available to reserve 
 members; and 

    (3) service performed in accordance with section 190.08, 
 subdivision 3. 

    (e) The agency head must continue the employee's enrollment 
 in health and dental coverage, and the employer contribution 
 toward that coverage, until the employee is covered by health 
 and dental coverage provided by the armed forces.  If the 
 employee had elected dependent coverage for health or dental 
 coverage as of the time that the employee reported for active 
 service, the agency head must offer the employee the option to 
 continue the dependent coverage at the employee's own expense.  
 The agency head must permit the employee to continue 
 participating in any pretax account in which the employee 
 participated when the employee reported for active service, to 
 the extent of employee pay available for that purpose. 

    (f) The commissioners of employee relations and finance 
 shall adopt procedures required to implement this section.  The 
 procedures are exempt from chapter 14. 

    (g) This section does not apply to a judge, legislator, or 
 constitutional officer of the executive branch. 

    HIST: 2003 c 123 s 1