2005 Minnesota Statutes

     422A.11 Military service. 

    Subdivision 1.    Service credit.  Any employee who engages in 
 or has engaged 
 in active service in time of war or other emergency declared by 
 proper authority, in any of the military or naval forces of the 
 state or of the United States, and returns to the employment of 
 the city within 90 days following release from military or naval 
 service, shall receive credit for the period of military service 
 as provided in this section as though actually employed by the 
 city, provided the employee was a member of the contributing 
 class of the retirement fund at the time of entrance into 
 military service, or was a member of the exempt class at the 
 time of entrance into military service prior to December 31, 
 1945, or qualifies as a member of the exempt class as specified 
 in section 422A.09, subdivision 3, clause (5), notwithstanding 
 the provisions of the Veterans Preference Act or any other law, 
 rule or bylaw providing for credit for military service for 
 pension purposes.  Employees on leave of absence or layoff at 
 time of entrance into military service as herein provided shall 
 be considered employees for the purpose of this chapter.  Credit 
 shall be granted for military service rendered, provided that 
 credit for military service shall not exceed six calendar years. 

    Subd. 2.    Credit after refund.  Any employee who was a member 
 of the contributing 
 class of the fund at the time of entrance into military service 
 and who resigned from the service of the city and received a 
 refund of the employee's personal contribution to the fund and 
 who is reemployed by the city and again becomes a contributing 
 member of the fund shall receive credit for military service as 
 provided by this section upon repaying to the fund the amount of 
 the refund plus interest thereon at six percent compounded 
 annually until fully paid and the further payment to the fund 
 without interest of the amount the contribution would have 
 totaled had the employee continued as a contributing member of 
 the fund during the period of military service.  No contribution 
 shall be made by the city to the credit of an employee's account 
 for the period of such military service. 

    Subd. 3.    Calculation of credit.  The retirement board shall 
 determine and compute 
 the amount of the contributions which said employee would have 
 made to such fund if employment had not been interrupted by 
 military service.  The amount so determined and computed shall 
 constitute an obligation of and be paid by the city or public 
 corporation, and shall be credited to the contribution account 
 of such employee.  In determining the amount of contributions 
 that the employee would have made if the employee had not 
 entered military service, consideration shall be given to the 
 employment service of employees who did not enter military 
 service with like classification, seniority rights, length of 
 service, and other factors determining probable time of 
 employment.  

    Subd. 4.    Separation from service.  In the event that such 
 employee becomes separated 
 from the service, except by retirement or death, prior to the 
 expiration of five years subsequent to the date on which the 
 employee was reinstated as an employee, such contribution may 
 not be withdrawn by said employee, but shall be canceled and 
 credited to the reserve for annuities account of this fund.  If 
 an employee returns to the service after being separated as 
 provided herein, credit shall be granted upon payment of the 
 separation refund required by section 422A.22.  In determining 
 the five year period, there shall be included only time of 
 actual employment.  

    HIST: 1973 c 133 s 11; 1974 c 76 s 8; 1980 c 509 s 162; 1980 c 
 607 art 16 s 17 subd 2; 1981 c 224 s 187; 1986 c 444