2006 Minnesota Statutes

354.41 TEACHERS RETIREMENT ASSOCIATION, ELIGIBILITY FOR MEMBERSHIP.
    Subdivision 1.[Repealed, 1974 c 289 s 59]
    Subd. 2. Teachers. Every teacher in the service of the state or one of its governmental
subdivisions as a teacher, except persons specifically excluded, must become a member of the
association by the acceptance of such employment.
    Subd. 3.[Repealed, 1989 c 319 art 2 s 28]
    Subd. 4. Membership eligibility for labor organization employees. (a) A person who is
a member on an authorized leave of absence and is employed as an employee or officer by a
labor organization that is the exclusive bargaining agent or the labor organization's state affiliate
representing teachers covered by this chapter or by an association of school administrators may
elect to be a coordinated member of the association based on that employment, subject to the
limitations set forth in subdivisions 4a and 4b. However, no person is entitled to membership
under this section if the person also is a member of a teachers retirement association in a city of
the first class organized under chapter 354A for the same period of service.
(b) The election must be made within 90 days of commencing employment by the labor
organization.
    Subd. 4a. Limitations on salary and contributions. The covered salary for a labor
organization employee who qualifies for membership under this section is limited to the lesser of:
(1) the employee's actual salary as defined under section 354.05, subdivision 35; or
(2) 75 percent of the salary of the governor as set under section 15A.082.
The limited covered salary determined under this subdivision must be used in determining
employee, employer, and employer additional contributions under section 354.42, subdivisions
2, 3, and 5 , and in determining retirement annuities and other benefits under this chapter and
chapter 356.
    Subd. 4b. Earning restrictions apply. A retirement annuity is only payable, if the person has
met any other applicable requirements, upon the termination by the person who elected coverage
under subdivision 4 of employment by the labor organization. The reemployed annuitant earnings
limitation set forth in section 354.44, subdivision 5, applies in the event that the person who
elected coverage under subdivision 4 retires and is subsequently reemployed while an annuitant
by the labor organization or by any other entity employing persons who are covered by the
Minnesota Teachers Retirement Association by virtue of that employment.
    Subd. 5. Contributions for labor organization employees. For all members described
in subdivision 4, the employee, employer and additional employer contributions shall be the
obligation of the employee who elects coverage herein; provided, however, that the employer
organization enumerated in subdivision 4 employing such member may pay the employer and
additional employer contributions. The employer shall, in any event, deduct the necessary
contributions from the employee's salary and remit all contributions to the teachers retirement
association pursuant to section 354.42, except that if any such member is on leave of absence
from a governmental employer unit, these contributions shall be forwarded by the employer
organization to the governmental employer unit for remittance to the fund as described in this
chapter.
    Subd. 6.[Repealed, 1981 c 224 s 276]
    Subd. 7. Exceptions. Members of the association as described in subdivision 4 or 9
and employees of the teachers retirement association are not eligible for election to the board
of trustees.
    Subd. 8.[Repealed, 1981 c 224 s 276]
    Subd. 9.[Repealed, 1Sp2001 c 10 art 12 s 3]
History: Ex1957 c 16 s 3; Ex1959 c 50 s 27,28; 1967 c 693 s 1; 1971 c 40 s 15; 1973 c 728 s
13; 1975 c 306 s 10-13; 1977 c 67 s 6,13; 1977 c 97 s 2; 1978 c 796 s 41,42; 1981 c 160 s 5; 1986
c 444; 1989 c 319 art 13 s 55; 1991 c 340 s 19; 1992 c 598 art 3 s 2; 1994 c 465 art 3 s 31; 1994
c 528 art 4 s 8-10; 1995 c 141 art 3 s 20; 1Sp2001 c 10 art 12 s 1; 1Sp2005 c 8 art 10 s 58