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Office of the Revisor of Statutes

Chapter 353

Section 353.01

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Recent History

353.01 DEFINITIONS.
    Subdivision 1. Terms. Unless the language or context clearly indicates that a different
meaning is intended, each of the following terms, for the purposes of this chapter, has the
meaning given it.
    Subd. 2. Public employee. "Public employee" means a governmental employee performing
personal services for a governmental subdivision defined in subdivision 6, whose salary is paid, in
whole or in part, from revenue derived from taxation, fees, assessments, or from other sources.
The term includes the classes of persons described or listed in subdivision 2a. The term also
includes persons who elect association membership under subdivision 2d, paragraph (a), and
persons for whom the applicable governmental subdivision had elected association membership
under subdivision 2d, paragraph (b). The term also includes full-time employees of the Dakota
County Agricultural Society. The term excludes the classes of persons listed in subdivision 2b for
purposes of membership in the association.
    Subd. 2a. Included employees. (a) Public employees whose salary from one governmental
subdivision exceeds $425 in any month shall participate as members of the association. If the
salary is less than $425 in a subsequent month, the employee retains membership eligibility.
Eligible public employees shall participate as members of the association with retirement
coverage by the public employees retirement plan or the public employees police and fire
retirement plan under this chapter, or the local government correctional employees retirement
plan under chapter 353E, whichever applies, as a condition of their employment on the first day
of employment unless they:
(1) are specifically excluded under subdivision 2b;
(2) do not exercise their option to elect retirement coverage in the association as provided
in subdivision 2d, paragraph (a); or
(3) are employees of the governmental subdivisions listed in subdivision 2d, paragraph (b),
where the governmental subdivision has not elected to participate as a governmental subdivision
covered by the association.
(b) A public employee who was a member of the association on June 30, 2002, based on
employment that qualified for membership coverage by the public employees retirement plan or
the public employees police and fire plan under this chapter, or the local government correctional
employees retirement plan under chapter 353E as of June 30, 2002, retains that membership until
the employee terminates public employment under subdivision 11a or terminates membership
under subdivision 11b.
(c) Public employees under paragraph (a) include physicians under section 353D.01,
subdivision 2, who do not elect public employees defined contribution plan coverage under
section 353D.02, subdivision 2.
    Subd. 2b. Excluded employees. The following public employees are not eligible to
participate as members of the association with retirement coverage by the public employees
retirement plan, the local government correctional employees retirement plan under chapter 353E,
or the public employees police and fire retirement plan:
(1) public officers, other than county sheriffs, who are elected to a governing body, or persons
who are appointed to fill a vacancy in an elective office of a governing body, whose term of office
commences on or after July 1, 2002, for the service to be rendered in that elective position.
Elected governing body officials who were active members of the association's coordinated or
basic retirement plans as of June 30, 2002, continue participation throughout incumbency in office
until termination of public service occurs as defined in subdivision 11a;
(2) election officers or election judges;
(3) patient and inmate personnel who perform services for a governmental subdivision;
(4) except as otherwise specified in subdivision 12a, employees who are hired for a temporary
position as defined under subdivision 12a, and employees who resign from a nontemporary
position and accept a temporary position within 30 days in the same governmental subdivision;
(5) employees who are employed by reason of work emergency caused by fire, flood,
storm, or similar disaster;
(6) employees who by virtue of their employment in one governmental subdivision are
required by law to be a member of and to contribute to any of the plans or funds administered
by the Minnesota State Retirement System, the Teachers Retirement Association, the Duluth
Teachers Retirement Fund Association, the Minneapolis Teachers Retirement Fund Association,
the St. Paul Teachers Retirement Fund Association, the Minneapolis Employees Retirement
Fund, or any police or firefighters relief association governed by section 69.77 that has not
consolidated with the Public Employees Retirement Association, or any local police or firefighters
consolidation account who have not elected the type of benefit coverage provided by the public
employees police and fire fund under sections 353A.01 to 353A.10, or any persons covered
by section 353.665, subdivision 4, 5, or 6, who have not elected public employees police and
fire plan benefit coverage. This clause must not be construed to prevent a person from being a
member of and contributing to the Public Employees Retirement Association and also belonging
to and contributing to another public pension plan or fund for other service occurring during the
same period of time. A person who meets the definition of "public employee" in subdivision 2
by virtue of other service occurring during the same period of time becomes a member of the
association unless contributions are made to another public retirement fund on the salary based
on the other service or to the Teachers Retirement Association by a teacher as defined in section
354.05, subdivision 2;
(7) persons who are members of a religious order and are excluded from coverage under
the federal Old Age, Survivors, Disability, and Health Insurance Program for the performance of
service as specified in United States Code, title 42, section 410(a)(8)(A), as amended through
January 1, 1987, if no irrevocable election of coverage has been made under section 3121(r) of
the Internal Revenue Code of 1954, as amended;
(8) employees of a governmental subdivision who have not reached the age of 23 and are
enrolled on a full-time basis to attend or are attending classes on a full-time basis at an accredited
school, college, or university in an undergraduate, graduate, or professional-technical program,
or a public or charter high school;
(9) resident physicians, medical interns, and pharmacist residents and pharmacist interns
who are serving in a degree or residency program in public hospitals;
(10) students who are serving in an internship or residency program sponsored by an
accredited educational institution;
(11) persons who hold a part-time adult supplementary technical college license who render
part-time teaching service in a technical college;
(12) except for employees of Hennepin County or Hennepin Healthcare System, Inc., foreign
citizens working for a governmental subdivision with a work permit of less than three years, or an
H-1b visa valid for less than three years of employment. Upon notice to the association that the
work permit or visa extends beyond the three-year period, the foreign citizens must be reported
for membership from the date of the extension;
(13) public hospital employees who elected not to participate as members of the association
before 1972 and who did not elect to participate from July 1, 1988, to October 1, 1988;
(14) except as provided in section 353.86, volunteer ambulance service personnel, as defined
in subdivision 35, but persons who serve as volunteer ambulance service personnel may still
qualify as public employees under subdivision 2 and may be members of the Public Employees
Retirement Association and participants in the public employees retirement fund or the public
employees police and fire fund, whichever applies, on the basis of compensation received from
public employment service other than service as volunteer ambulance service personnel;
(15) except as provided in section 353.87, volunteer firefighters, as defined in subdivision
36, engaging in activities undertaken as part of volunteer firefighter duties; provided that a
person who is a volunteer firefighter may still qualify as a public employee under subdivision
2 and may be a member of the Public Employees Retirement Association and a participant in
the public employees retirement fund or the public employees police and fire fund, whichever
applies, on the basis of compensation received from public employment activities other than those
as a volunteer firefighter;
(16) pipefitters and associated trades personnel employed by Independent School District
No. 625, St. Paul, with coverage under a collective bargaining agreement by the pipefitters local
455 pension plan who were either first employed after May 1, 1997, or, if first employed before
May 2, 1997, elected to be excluded under Laws 1997, chapter 241, article 2, section 12;
(17) electrical workers, plumbers, carpenters, and associated trades personnel employed
by Independent School District No. 625, St. Paul, or the city of St. Paul, who have retirement
coverage under a collective bargaining agreement by the Electrical Workers Local 110 pension
plan, the United Association Plumbers Local 34 pension plan, or the Carpenters Local 87 pension
plan who were either first employed after May 1, 2000, or, if first employed before May 2, 2000,
elected to be excluded under Laws 2000, chapter 461, article 7, section 5;
(18) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers, painters, allied
tradesworkers, and plasterers employed by the city of St. Paul or Independent School District
No. 625, St. Paul, with coverage under a collective bargaining agreement by the Bricklayers and
Allied Craftworkers Local 1 pension plan, the Cement Masons Local 633 pension plan, the
Glaziers and Glassworkers Local L-1324 pension plan, the Painters and Allied Trades Local 61
pension plan, or the Twin Cities Plasterers Local 265 pension plan who were either first employed
after May 1, 2001, or if first employed before May 2, 2001, elected to be excluded under Laws
2001, First Special Session chapter 10, article 10, section 6;
(19) plumbers employed by the Metropolitan Airports Commission, with coverage under a
collective bargaining agreement by the Plumbers Local 34 pension plan, who either were first
employed after May 1, 2001, or if first employed before May 2, 2001, elected to be excluded
under Laws 2001, First Special Session chapter 10, article 10, section 6;
(20) employees who are hired after June 30, 2002, to fill seasonal positions under subdivision
12b which are limited in duration by the employer to 185 consecutive calendar days or less in
each year of employment with the governmental subdivision;
(21) persons who are provided supported employment or work-study positions by a
governmental subdivision and who participate in an employment or industries program
maintained for the benefit of these persons where the governmental subdivision limits the
position's duration to three years or less, including persons participating in a federal or state
subsidized on-the-job training, work experience, senior citizen, youth, or unemployment relief
program where the training or work experience is not provided as a part of, or for, future
permanent public employment;
(22) independent contractors and the employees of independent contractors; and
(23) reemployed annuitants of the association during the course of that reemployment.
    Subd. 2c.[Repealed, 1989 c 319 art 3 s 26]
    Subd. 2d. Optional membership. (a) Membership in the association is optional by action
of the individual employee for the following public employees who meet the conditions set
forth in subdivision 2a:
(1) members of the coordinated plan who are also employees of labor organizations as
defined in section 353.017, subdivision 1, for their employment by the labor organization only, if
they elect to have membership under section 353.017, subdivision 2;
(2) persons who are elected or persons who are appointed to elected positions other than
local governing body elected positions who elect to participate by filing a written election for
membership;
(3) members of the association who are appointed by the governor to be a state department
head and who elect not to be covered by the general state employees retirement plan of the
Minnesota State Retirement System under section 352.021;
(4) city managers as defined in section 353.028, subdivision 1, who do not elect to be
excluded from membership in the association under section 353.028, subdivision 2; and
(5) employees of the Port Authority of the city of St. Paul on January 1, 2003, who were at
least age 45 on that date, and who elected to participate by filing a written election for membership.
(b) Membership in the association is optional by action of the governmental subdivision for
the employees of the following governmental subdivisions under the conditions specified:
(1) the Minnesota Association of Townships if the board of that association, at its option,
certifies to the executive director that its employees who meet the conditions set forth in
subdivision 2a are to be included for purposes of retirement coverage, in which case the status of
the association as a participating employer is permanent;
(2) a county historical society if the county in which the historical society is located, at its
option, certifies to the executive director that the employees of the historical society who meet
the conditions set forth in subdivision 2a are to be considered county employees for purposes of
retirement coverage under this chapter. The status as a county employee must be accorded to all
similarly situated county historical society employees and, once established, must continue as
long as a person is an employee of the county historical society; and
(3) Hennepin Healthcare System, Inc., a public corporation, with respect to employees
other than paramedics, emergency medical technicians, and protection officers, if the corporate
board establishes alternative retirement plans for certain classes of employees of the corporation
and certifies to the association the applicable employees to be excluded from future retirement
coverage.
(c) For employees who are covered by paragraph (a), clause (1), (2), or (3), or covered by
paragraph (b), clause (1) or (2), if the necessary membership election is not made, the employee
is excluded from retirement coverage under this chapter. For employees who are covered by
paragraph (a), clause (4), if the necessary election is not made, the employee must become a
member and have retirement coverage under this chapter. For employees specified in paragraph
(b), clause (3), membership continues until the exclusion option is exercised for the designated
class of employee. The option to become a member, once exercised under this subdivision, may
not be withdrawn until the termination of public service as defined under subdivision 11a.
    Subd. 3. Head of department. "Head of department" means the head of any department,
institution, office, or branch of service of any governmental subdivision which directly pays
salaries out of its revenue or is empowered to authorize the payment of such salaries.
    Subd. 4. Accumulated deductions. "Accumulated deductions" means the total of the
amounts deducted from the salary of a member, exclusive of interest, and the total of the amounts
paid by a member in lieu of such deductions and credited to the member's individual account in
the retirement fund.
    Subd. 5.[Repealed, 1971 c 106 s 40]
    Subd. 6. Governmental subdivision. (a) "Governmental subdivision" means a county, city,
town, school district within this state, or a department or unit of state government, or any public
body whose revenues are derived from taxation, fees, assessments or from other sources.
(b) Governmental subdivision also means the Public Employees Retirement Association,
the League of Minnesota Cities, the Association of Metropolitan Municipalities, public hospitals
owned or operated by, or an integral part of, a governmental subdivision or governmental
subdivisions, the Association of Minnesota Counties, the Metropolitan Intercounty Association,
the Minnesota Municipal Utilities Association, the Metropolitan Airports Commission, the
University of Minnesota with respect to police officers covered by the public employees police
and fire retirement plan, the Minneapolis Employees Retirement Fund for employment initially
commenced after June 30, 1979, the Range Association of Municipalities and Schools, soil
and water conservation districts, economic development authorities created or operating under
sections 469.090 to 469.108, the Port Authority of the city of St. Paul, the Spring Lake Park Fire
Department, incorporated, the Lake Johanna Volunteer Fire Department, incorporated, the Red
Wing Environmental Learning Center, the Dakota County Agricultural Society, and Hennepin
Healthcare System, Inc.
(c) Governmental subdivision does not mean any municipal housing and redevelopment
authority organized under the provisions of sections 469.001 to 469.047; or any port authority
organized under sections 469.048 to 469.089 other than the Port Authority of the city of St. Paul;
or any hospital district organized or reorganized prior to July 1, 1975, under sections 447.31 to
447.37 or the successor of the district, nor the Minneapolis Community Development Agency.
    Subd. 7. Member. "Member" means a person who accepts employment as a "public
employee" under subdivision 2, who is an employee who works in one or more positions
that require or allow membership in the association under subdivision 2a or 2d, for whom
contributions have been withheld from salary and who is not covered by the plan established in
chapter 353D or excluded under subdivision 2b. A person who is a member remains a member
while performing services as a public employee and while on an authorized leave of absence
or an authorized temporary layoff.
    Subd. 7a. Former member. "Former member" means a member of the association who
terminates public service under subdivision 11a or membership under subdivision 11b.
    Subd. 8. Association. "Association" means the Public Employees Retirement Association.
    Subd. 9.[Repealed, 1957 c 935 s 27]
    Subd. 10. Salary. (a) Subject to the limitations of section 356.611, "salary" means:
(1) the periodic compensation of a public employee, before deductions for deferred
compensation, supplemental retirement plans, or other voluntary salary reduction programs, and
also means "wages" and includes net income from fees;
(2) for a public employee who is covered by a supplemental retirement plan under section
356.24, subdivision 1, clause (8), (9), or (10), which require all plan contributions be made by the
employer, the contribution to the applicable supplemental retirement plan when the contribution
is from mandatory withholdings from employees' wages; and
(3) for a public employee who has prior service covered by a local police or firefighters relief
association that has consolidated with the Public Employees Retirement Association or to which
section 353.665 applies and who has elected coverage either under the public employees police
and fire fund benefit plan under section 353A.08 following the consolidation or under section
353.665, subdivision 4, the rate of salary upon which member contributions to the special fund
of the relief association were made prior to the effective date of the consolidation as specified
by law and by bylaw provisions governing the relief association on the date of the initiation of
the consolidation procedure and the actual periodic compensation of the public employee after
the effective date of consolidation.
(b) Salary does not mean:
(1) the fees paid to district court reporters, unused annual vacation or sick leave payments,
in lump-sum or periodic payments, severance payments, reimbursement of expenses, lump-sum
settlements not attached to a specific earnings period, or workers' compensation payments;
(2) employer-paid amounts used by an employee toward the cost of insurance coverage,
employer-paid fringe benefits, flexible spending accounts, cafeteria plans, health care expense
accounts, day care expenses, or any payments in lieu of any employer-paid group insurance
coverage, including the difference between single and family rates that may be paid to a member
with single coverage and certain amounts determined by the executive director to be ineligible;
(3) the amount equal to that which the employing governmental subdivision would otherwise
pay toward single or family insurance coverage for a covered employee when, through a contract
or agreement with some but not all employees, the employer:
(i) discontinues, or for new hires does not provide, payment toward the cost of the employee's
selected insurance coverages under a group plan offered by the employer;
(ii) makes the employee solely responsible for all contributions toward the cost of the
employee's selected insurance coverages under a group plan offered by the employer, including
any amount the employer makes toward other employees' selected insurance coverages under a
group plan offered by the employer; and
(iii) provides increased salary rates for employees who do not have any employer-paid
group insurance coverages;
(4) except as provided in section 353.86 or 353.87, compensation of any kind paid to
volunteer ambulance service personnel or volunteer firefighters, as defined in subdivision 35
or 36; and
(5) the amount of compensation that exceeds the limitation provided in section 356.611.
(c) Amounts provided to an employee by the employer through a grievance proceeding or a
legal settlement are salary only if the settlement is reviewed by the executive director and the
amounts are determined by the executive director to be consistent with paragraph (a) and prior
determinations.
    Subd. 11. Public service. "Public service" means service as an officer or employee of a
governmental subdivision.
    Subd. 11a. Termination of public service. (a) "Termination of public service" occurs (1)
when a member resigns or is dismissed from public service by the employing governmental
subdivision and the employee does not, within 30 days of the date the employment relationship
ended, return to an employment position in the same governmental subdivision; or (2) when the
employer-employee relationship is severed due to the expiration of a layoff under subdivision
12 or 12c.
(b) The termination of public service must be recorded in the association records upon
receipt of an appropriate notice from the governmental subdivision.
    Subd. 11b. Termination of membership. (a) "Termination of membership" means the
conclusion of membership in the association for a person who has not terminated public service
under subdivision 11a and occurs:
(1) when a person files a written election with the association to discontinue employee
deductions under section 353.27, subdivision 7, paragraph (a), clause (1);
(2) when a city manager files a written election with the association to discontinue employee
deductions under section 353.028, subdivision 2; or
(3) when a member transfers to a temporary position and becomes excluded from
membership under subdivision 2b, clause (4).
(b) The termination of membership under clause (3) must be reported to the association
by the governmental subdivision.
    Subd. 12. Authorized temporary or seasonal layoff. "Authorized temporary or seasonal
layoff," including seasonal leave of absence, means a suspension of public service for a limited
period during a year that is authorized by the employing governmental subdivision for a member
who is expected at the start of the period to return to the same position at the end of the layoff
period and for whom there has been no termination of public service under subdivision 11a.
    Subd. 12a. Temporary position. (a) "Temporary position" means an employment position
predetermined by the employer at the time of hiring to be a period of six months or less. Temporary
position also means an employment position occupied by a person hired by the employer as a
temporary replacement who is employed for a predetermined period of six months or less.
(b) "Temporary position" does not mean an employment position for a specified or
unspecified term in which a person serves a probationary period as a requirement for subsequent
employment on a permanent or unlimited basis.
(c) If employment in a temporary position extends beyond six consecutive months, the head
of the department shall report the employee for membership if salary in any month exceeds
the salary threshold specified in subdivision 2a. The membership eligibility of an employee
who resigns or is dismissed from a temporary position and accepts another temporary position
in the same governmental subdivision within 30 days must be determined on the total length of
employment rather than on each separate position.
    Subd. 12b. Seasonal position. "Seasonal position" means a position where the nature of the
work or its duration are related to a specific season or seasons of the year, regardless of whether
or not the employing agency anticipates that the same employee will return to the position each
season in which it becomes available. The entire period of employment in a year must be used to
determine whether or not a position may be excluded as seasonal when there is less than a 30-day
break between one seasonal position and a subsequent seasonal position for employment with the
same governmental employer. Seasonal positions include, but are not limited to, coaching athletic
activities or employment to plow snow or to maintain roads or parks, or to operate skating rinks,
ski lodges, golf courses, or swimming pools.
    Subd. 12c. Indefinite layoff. "Indefinite layoff" occurs when a member is placed on a layoff
that is not a temporary or seasonal layoff under subdivision 12, for which no date has been
specified by the employing governmental subdivision for the employee's return to work, and there
has been no termination of public service under subdivision 11a.
    Subd. 13.[Repealed, 1963 c 641 s 38]
    Subd. 14. Actuarial equivalent. "Actuarial equivalent" means the condition of one annuity
or benefit having an equal actuarial present value as another annuity or benefit, determined as of
a given date with each actuarial present value based on the appropriate mortality table adopted
by the board of trustees based on the experience of the fund as recommended by the actuary
retained under section 356.214, and approved under section 356.215, subdivision 18, and using
the applicable preretirement or postretirement interest rate assumption specified in section
356.215, subdivision 8.
    Subd. 15. Dependent child. For the purpose of survivor benefit eligibility under sections
353.31, subdivision 1, and 353.657, subdivision 3, "dependent child" means a biological or
adopted child of a deceased member who is unmarried, and under the age of 18, or age 18 to
23, so long as the child submits evidence of full-time enrollment in an accredited educational
institution. "Dependent child" also includes a child of the member conceived during the member's
lifetime and born after the member's death. It also means a dependent child who is the subject of
adoption proceedings filed by a member, and who within two years after death of the member, by
judgment and decree duly entered, is adjudged to be the adopted child of the deceased member;
subject, however, to the qualifying conditions of age and dependency under this subdivision. The
dependency of the child dates from the decree of adoption. "Dependent child" also includes a child
age 18 to 23 who had submitted evidence of full-time enrollment in an accredited educational
institution but was determined to be medically unable to continue school on a full-time basis.
The board of trustees shall adopt written procedures to make determinations regarding eligibility
based on a student being medically unable to continue school, and may not continue a benefit for
medical reasons for a period greater than one year.
    Subd. 15a. Dependent child. For the purpose of survivor benefit eligibility under section
353.32, subdivision 1c, "dependent child" means any biological or adopted child of a deceased
member who has not reached the age of 20 and is dependent for more than one-half of support
upon the member. It also includes any child of the member conceived during the member's
lifetime and born after the member's death.
    Subd. 16. Allowable service; limits and computation. (a) "Allowable service" means:
(1) service during years of actual membership in the course of which employee contributions
were made, periods covered by payments in lieu of salary deductions under section 353.35;
(2) service in years during which the public employee was not a member but for which
the member later elected, while a member, to obtain credit by making payments to the fund as
permitted by any law then in effect;
(3) a period of authorized leave of absence with pay from which deductions for employee
contributions are made, deposited, and credited to the fund;
(4) a period of authorized personal, parental, or medical leave of absence without pay,
including a leave of absence covered under the federal Family Medical Leave Act, that does not
exceed one year, and during or for which a member obtained service credit for each month in the
leave period by payments to the fund made in place of salary deductions. The payments must
be made in an amount or amounts based on the member's average salary on which deductions
were paid for the last six months of public service, or for that portion of the last six months
while the member was in public service, to apply to the period in either case that immediately
precedes the commencement of the leave of absence. If the employee elects to pay the employee
contributions for the period of any authorized personal, parental, or medical leave of absence
without pay, or for any portion of the leave, the employee shall also, as a condition to the exercise
of the election, pay to the fund an amount equivalent to the required employer and the additional
employer contributions, if any, for the employee. The payment must be made within one year
from the expiration of the leave of absence or within 20 days after termination of public service
under subdivision 11a, whichever is earlier. The employer, by appropriate action of its governing
body which is made a part of its official records and which is adopted before the date of the first
payment of the employee contribution, may certify to the association in writing its commitment to
pay the employer and additional employer contributions from the proceeds of a tax levy made
under section 353.28. Payments under this paragraph must include interest at an annual rate of
8.5 percent compounded annually from the date of the termination of the leave of absence to the
date payment is made. An employee must return to public service and render a minimum of three
months of allowable service in order to be eligible to pay employee and employer contributions
for a subsequent authorized leave of absence without pay. Upon payment, the employee must
be granted allowable service credit for the purchased period;
(5) a periodic, repetitive leave that is offered to all employees of a governmental subdivision.
The leave program may not exceed 208 hours per annual normal work cycle as certified to
the association by the employer. A participating member obtains service credit by making
employee contributions in an amount or amounts based on the member's average salary that
would have been paid if the leave had not been taken. The employer shall pay the employer and
additional employer contributions on behalf of the participating member. The employee and the
employer are responsible to pay interest on their respective shares at the rate of 8.5 percent
a year, compounded annually, from the end of the normal cycle until full payment is made. An
employer shall also make the employer and additional employer contributions, plus 8.5 percent
interest, compounded annually, on behalf of an employee who makes employee contributions but
terminates public service. The employee contributions must be made within one year after the
end of the annual normal working cycle or within 20 days after termination of public service,
whichever is sooner. The executive director shall prescribe the manner and forms to be used by
a governmental subdivision in administering a periodic, repetitive leave. Upon payment, the
member must be granted allowable service credit for the purchased period;
(6) an authorized temporary or seasonal layoff under subdivision 12, limited to three months
allowable service per authorized temporary or seasonal layoff in one calendar year. An employee
who has received the maximum service credit allowed for an authorized temporary or seasonal
layoff must return to public service and must obtain a minimum of three months of allowable
service subsequent to the layoff in order to receive allowable service for a subsequent authorized
temporary or seasonal layoff; or
(7) a period during which a member is absent from employment by a governmental
subdivision by reason of service in the uniformed services, as defined in United States Code, title
38, section 4303(13), if the member returns to public service upon discharge from service in the
uniformed service within the time frames required under United States Code, title 38, section
4312(e), provided that the member did not separate from uniformed service with a dishonorable
or bad conduct discharge or under other than honorable conditions. The service is credited if the
member pays into the fund equivalent employee contributions based upon the contribution rate or
rates in effect at the time that the uniformed service was performed multiplied by the full and
fractional years being purchased and applied to the annual salary rate. The annual salary rate is
the average annual salary during the purchase period that the member would have received if the
member had continued to be employed in covered employment rather than to provide uniformed
service, or, if the determination of that rate is not reasonably certain, the annual salary rate is
the member's average salary rate during the 12-month period of covered employment rendered
immediately preceding the period of the uniformed service. Payment of the member equivalent
contributions must be made during a period that begins with the date on which the individual
returns to public employment and that is three times the length of the military leave period, or
within five years of the date of discharge from the military service, whichever is less. If the
determined payment period is less than one year, the contributions required under this clause to
receive service credit may be made within one year of the discharge date. Payment may not be
accepted following 20 days after termination of public service under subdivision 11a. If the
member equivalent contributions provided for in this clause are not paid in full, the member's
allowable service credit must be prorated by multiplying the full and fractional number of years
of uniformed service eligible for purchase by the ratio obtained by dividing the total member
contributions received by the total member contributions otherwise required under this clause.
The equivalent employer contribution, and, if applicable, the equivalent additional employer
contribution must be paid by the governmental subdivision employing the member if the member
makes the equivalent employee contributions. The employer payments must be made from funds
available to the employing unit, using the employer and additional employer contribution rate or
rates in effect at the time that the uniformed service was performed, applied to the same annual
salary rate or rates used to compute the equivalent member contribution. The governmental
subdivision involved may appropriate money for those payments. The amount of service credit
obtainable under this section may not exceed five years unless a longer purchase period is required
under United States Code, title 38, section 4312. The employing unit shall pay interest on all
equivalent member and employer contribution amounts payable under this clause. Interest must
be computed at a rate of 8.5 percent compounded annually from the end of each fiscal year of
the leave or the break in service to the end of the month in which the payment is received. Upon
payment, the employee must be granted allowable service credit for the purchased period.
(b) For calculating benefits under sections 353.30, 353.31, 353.32, and 353.33 for state
officers and employees displaced by the Community Corrections Act, chapter 401, and transferred
into county service under section 401.04, "allowable service" means the combined years of
allowable service as defined in paragraph (a), clauses (1) to (6), and section 352.01, subdivision 11.
(c) For a public employee who has prior service covered by a local police or firefighters
relief association that has consolidated with the Public Employees Retirement Association or to
which section 353.665 applies, and who has elected the type of benefit coverage provided by the
public employees police and fire fund either under section 353A.08 following the consolidation or
under section 353.665, subdivision 4, "applicable service" is a period of service credited by the
local police or firefighters relief association as of the effective date of the consolidation based
on law and on bylaw provisions governing the relief association on the date of the initiation of
the consolidation procedure.
(d) No member may receive more than 12 months of allowable service credit in a year either
for vesting purposes or for benefit calculation purposes.
(e) MS 2002 [Expired]
    Subd. 16a. Uncredited military service credit purchase. (a) A public employee who has
at least three years of allowable service with the Public Employees Retirement Association or
the public employees police and fire plan and who performed service in the United States armed
forces before becoming a public employee, or who failed to obtain service credit for a military
leave of absence under subdivision 16, paragraph (h), 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 356.551 if the public employee has not purchased
service credit from any other Minnesota defined benefit public employee pension plan for the
same period of service.
(b) A public employee 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 public employee'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 public employees
association or the public employees police and fire plan, whichever applies, to the purchasing
public employee upon receipt of the purchase payment amount. Payment must be made before the
effective date of retirement of the public employee.
    Subd. 17. Approved actuary. "Approved actuary" means any actuary who is a fellow of the
society of actuaries or who has at least 15 years of service to major public employee funds or
any firm retaining such an actuary on its staff.
    Subd. 17a. Average salary. (a) "Average salary," for purposes of calculating a retirement
annuity under section 353.29, subdivision 3, means an amount equivalent to the average of
the highest salary of the member, police officer, or firefighter, whichever applies, upon which
employee contributions were paid for any five successive years of allowable service, based on
dates of salary periods as listed on salary deduction reports. Average salary must be based upon
all allowable service if this service is less than five years.
(b) "Average salary" may not include any reduced salary paid during a period in which the
employee is entitled to benefit payments from workers' compensation for temporary disability,
unless the average salary is higher, including this period.
    Subd. 18. Year of allowable service. "Year of allowable service" means any 12 calendar
months not necessarily consecutive in which a public employee received compensation from the
governmental subdivision or was eligible to credit for service. It also means 12 months credit each
year for employees who are paid on a yearly basis and who may or may not receive compensation
in every calendar month in the year.
    Subd. 19. Total and permanent disability. "Total and permanent disability" means the
inability to engage in any substantial gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to be of long-continued and indefinite
duration. Long-continued and indefinite duration means that the disability has been or is expected
to be for a period of at least one year.
    Subd. 20. Surviving spouse. "Surviving spouse" means the spouse of a deceased member or
disabilitant who was legally married to the member at the time of death.
    Subd. 21.[Repealed, 1971 c 106 s 40]
    Subd. 22.[Repealed, 1971 c 106 s 40]
    Subd. 23. Retirement annuity. "Retirement annuity" means the amount paid or payable by
the fund to a former member after retirement.
    Subd. 24. Optional annuity. "Optional annuity" means the allowance paid or payable by the
fund to the designated optional annuity beneficiary of a member or former member, pursuant to an
optional annuity form selected at or before retirement, or to the spouse of a deceased member
under section 353.32, subdivision 1a.
    Subd. 25.[Repealed, 1973 c 753 s 85]
    Subd. 26.[Repealed, 1971 c 106 s 40]
    Subd. 27. Benefit. "Benefit" means a monthly survivor benefit paid or payable by the fund to
a surviving spouse or a dependent child and also includes a monthly disability benefit paid or
payable by the fund to a member who is totally and permanently disabled.
    Subd. 28. Retirement. (a) "Retirement" means the commencement of payment of an
annuity based on a date designated by the board of trustees. This date determines the rights under
this chapter which occur either before or after retirement. A right to retirement is subject to
termination of public service under subdivision 11a. A right to retirement requires a complete
and continuous separation for 30 days from employment as a public employee and from the
provision of paid services to that employer.
(b) An individual who separates from employment as a public employee and who, within 30
days of separation, returns to provide service to a governmental subdivision as an independent
contractor or as an employee of an independent contractor, has not satisfied separation
requirements under paragraph (a).
(c) A former member of the basic or police and fire fund who becomes a coordinated member
upon returning to eligible, nontemporary public service, terminates employment before obtaining
six months' allowable service under subdivision 16, paragraph (a), in the coordinated fund, and is
eligible to receive an annuity the first day of the month after the most recent termination date
shall not accrue a right to a retirement annuity under the coordinated fund. An annuity otherwise
payable to the former member must be based on the laws in effect on the date of termination of the
most recent service under the basic or police and fire fund and shall be retroactive to the first day
of the month following that termination date or one year preceding the filing of an application for
retirement annuity as provided by section 353.29, subdivision 7, whichever is later. The annuity
payment must be suspended under the provisions of section 353.37, if earned compensation for
the reemployment equals or exceeds the amounts indicated under that section. The association
will refund the employee deductions made to the coordinated fund, with interest under section
353.34, subdivision 2, return the accompanying employer contributions, and remove the allowable
service credits covering the deductions refunded.
(d) Notwithstanding the 30-day separation requirement under paragraph (a), a member of
the defined benefit plan under this chapter, who also participates in the public employees defined
contribution plan under chapter 353D for other public service, may be paid, if eligible, a retirement
annuity from the defined benefit plan while participating in the defined contribution plan.
    Subd. 29. Designated beneficiary. "Designated beneficiary" means the person or
organization designated by a member, former member, disabilitant, or retired member in writing,
signed and filed with the association before the death of the member, former member, disabilitant,
or retired member, to receive a refund of the balance of the member's accumulated deductions
after death.
    Subd. 30. Designated optional annuity beneficiary. "Designated optional annuity
beneficiary" means the person designated by a former member to receive a joint and survivor
annuity or a modified joint and survivor annuity.
    Subd. 31. Authorized leave of absence. "Authorized leave of absence" means any period
during which a member is authorized by an employer to refrain from active employment, with
or without pay, evidenced by appropriate record of the employer and promptly transmitted to
the association.
    Subd. 32. Coordinated member. "Coordinated member" means a public employee,
including a public hospital employee, who is covered by an agreement or modification made
between the state and the Secretary of Health and Human Services, making the provisions
of the federal Old Age, Survivors and Disability Insurance Act applicable to the member if
the membership eligibility criteria are met under this chapter. A coordinated member also is
a former basic member who has a complete and continuous separation for at least 30 days
from employment as a public employee meeting the requirements specified in subdivision 28,
paragraphs (a) and (b), and who reenters public service as a public employee and meets the
membership eligibility criteria under this chapter.
    Subd. 33. Basic member. "Basic member" means a public employee, including a public
hospital employee, who is not covered by any agreement or modification made between the state
and the Secretary of Health and Human Services.
    Subd. 34.[Repealed, 1982 c 404 s 10]
    Subd. 35. Volunteer ambulance service personnel. "Volunteer ambulance service
personnel," for purposes of this chapter, are basic and advanced life support emergency medical
service personnel employed by or providing services for any public ambulance service or privately
operated ambulance service that receives an operating subsidy from a governmental entity.
    Subd. 36. Volunteer firefighter. For purposes of this chapter, a person is considered a
"volunteer firefighter" for all service for which the person receives credit in an association or
fund operating under chapter 424A.
    Subd. 37. Normal retirement age. "Normal retirement age" means age 65 for a person
who first became a public employee or a member of a pension fund listed in section 356.30,
subdivision 3
, before July 1, 1989. For a person who first becomes a public employee after June
30, 1989, "normal retirement age" means the higher of age 65 or "retirement age," as defined in
United States Code, title 42, section 416(l), as amended, but not to exceed age 66.
    Subd. 38. Business year. "Business year" means the first day of the first full pay period
through the last day of the last full pay period of the 12-month fiscal year applicable to the
respective governmental subdivision.
    Subd. 39.[Repealed, 2002 c 392 art 3 s 9]
    Subd. 40. Reduced salary during period of workers' compensation. (a) A member who
is receiving temporary workers' compensation payments related to the member's service to the
public employer and who either is receiving a reduced salary from the employer during that
period or is receiving no salary from the employer during that period is entitled to receive
allowable service and salary credit for the period of time that the member is receiving the workers'
compensation payments upon making the payments specified in this subdivision.
(b) The differential salary amount is the difference between the average rate of salary
received by the member, if any, during the period of time that the member is collecting temporary
workers' compensation payments and the average rate of salary of the member on which
contributions to the applicable plan were made during the period of the last six months of
covered employment occurring immediately before beginning to collect the temporary workers'
compensation payments, applied to the member's normal employment period, measured in hours
or otherwise, as applicable.
(c) To receive eligible service credit, the member shall pay an amount equal to the
applicable employee contribution rate under section 353.27, subdivision 2; 353.65, subdivision
2
; or 353E.03, subdivision 1, as applicable, multiplied by the differential salary amount; plus
an employer equivalent payment equal to the applicable employer contribution rate in section
353.27, subdivision 3; 353.65, subdivision 3; or 353E.03, subdivision 2, as applicable, multiplied
by the differential salary amount; plus, if applicable, an equivalent employer additional amount
equal to the additional employer contribution rate in section 353.27, subdivision 3a, multiplied
by the differential salary amount.
(d) The employer may, by appropriate action of its governing body and documented in its
official records, pay the employer equivalent contributions and, as applicable, the equivalent
employer additional contributions on behalf of the member.
(e) Payment under this subdivision must include interest on the contribution amount or
amounts, whichever applies, at an 8.5 percent annual rate, prorated for applicable months from
the date on which the temporary workers' compensation payments terminate to the date on which
the payment or payments are received by the executive director. Payment under this subdivision
must be completed within one year after the termination of the temporary workers' compensation
payments to the member, or within 20 days after the termination of public service by the employee
under subdivision 11a, whichever is earlier.
History: (254-23) 1931 c 307 s 1; 1933 c 374 s 1; 1937 c 466 s 1; 1941 c 285 s 1; 1945 c 78
s 1; 1947 c 18 s 1; 1949 c 84 s 1; 1951 c 22 s 1-8; 1953 c 78 s 1; 1955 c 815 s 11; 1957 c 815 s 1;
1957 c 935 s 1-5; 1959 c 650 s 1-7,39,43,58; 1961 c 482 s 1; 1961 c 595 s 1; 1961 c 746 s 1; 1963
c 440 s 1; 1963 c 641 s 3-12; 1965 c 104 s 1; 1965 c 880 s 1,2; Ex1967 c 26 s 1; Ex1967 c 37 s 1;
1969 c 940 s 1,2; 1971 c 106 s 1-8; 1971 c 503 s 1,2; 1973 c 123 art 5 s 7; 1973 c 753 s 3-18;
1974 c 229 s 1-8; 1975 c 102 s 1-3; 1975 c 359 s 23; 1976 c 329 s 12-15; 1977 c 347 s 52,53;
1977 c 429 s 19-22,63; 1978 c 471 s 1; 1978 c 720 s 6; 1978 c 796 s 23-26; 1979 c 216 s 1-4,21;
1979 c 303 art 6 s 5; 1980 c 609 art 5 s 20; 1981 c 68 s 16-18; 1981 c 180 s 1; 1981 c 224 s
73-75; 1981 c 298 s 11; 1982 c 404 s 1-4; 1982 c 424 s 64,115,125; 1983 c 286 s 6; 1985 c 261 s
3; 1Sp1985 c 7 s 12; 1986 c 399 art 2 s 9; 1986 c 400 s 9; 1986 c 444; 1986 c 458 s 11; 1Sp1986
c 3 art 2 s 41; 1987 c 49 s 9; 1987 c 258 s 12; 1987 c 259 s 25; 1987 c 284 art 5 s 1,2; 1987 c
291 s 215; 1987 c 296 s 1-3; 1987 c 372 art 1 s 5; 1988 c 709 art 2 s 1; art 5 s 1-7; 1989 c 209
art 2 s 36; 1989 c 246 s 2; 1989 c 319 art 3 s 1-6; art 5 s 1; art 13 s 29; 1989 c 335 art 3 s 5;
1990 c 556 s 7; 1990 c 570 art 8 s 1; art 11 s 1-3; art 12 s 19; 1991 c 269 art 2 s 5; 1991 c 341 s
1-6; 1992 c 432 art 2 s 2-5; 1992 c 598 art 2 s 1; 1993 c 307 art 4 s 1-15; 1993 c 336 art 6 s
5,6; 1994 c 528 art 2 s 1-4; 1994 c 572 s 5; 1997 c 233 art 1 s 37; 1997 c 241 art 2 s 1; 1998 c
254 art 1 s 87; 1999 c 222 art 4 s 4-6; 2000 c 260 s 93; 2000 c 461 art 3 s 7-12; art 4 s 3; art
7 s 1; 1Sp2001 c 10 art 6 s 3,21; art 10 s 1-3; art 11 s 1-12; 2002 c 392 art 2 s 2; art 3 s 1-5;
art 7 s 3; art 11 s 52; 1Sp2003 c 12 art 4 s 1,2; art 6 s 5; 2004 c 267 art 1 s 2-4; art 2 s 3; art 3
s 3; art 15 s 1; art 17 s 3; 2005 c 10 art 5 s 1,4,5; 2005 c 125 art 3 s 1-3; 1Sp2005 c 8 art 1 s
9,10; art 3 s 2; art 4 s 5; art 10 s 38,39; 2006 c 271 art 3 s 5-11

NOTE: Subdivision 16a, as added by Laws 2000, chapter 461, article 4, section 3, is
repealed effective May 16, 2007. Laws 2000, chapter 461, article 4, section 4, paragraph (b), as
amended by Laws 2003, First Special Session chapter 12, article 6, section 3; Laws 2004, chapter
267, article 17, section 7; Laws 2005 chapter 156, article 4, section 10; and Laws 2005, First
Special Session chapter 8, article 2, section 4.


NOTE: The amendments to subdivisions 2b, 2d, and 6 by Laws 2005, chapter 125, article
3, sections 1 to 3, are effective the day after the Hennepin County Board files a certificate of
local approval in compliance with section 645.021, subdivision 3. Laws 2005, chapter 125,
article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34; and
Laws 2005, chapter 125, article 3, section 7.