2006 Minnesota Statutes

354A.094 QUALIFIED PART-TIME TEACHERS; PARTICIPATION IN FUND.
    Subdivision 1. Teachers, defined. For purposes of this section, the term "teachers" shall
have the meaning given in section 122A.15, subdivision 1, except that the term shall not include
superintendents.
    Subd. 2. Part-time teaching position, defined. For purposes of this section, the term
"part-time teaching position" shall mean a teaching position within the district in which the
teacher is employed for at least 50 full days or a fractional equivalent of 50 full days calculated
using the appropriate minimum number of hours which would result in a full day of service credit
by the appropriate association and for which the teacher is compensated in an amount not to
exceed 80 percent of the compensation rate established by the board for a full-time teacher with
identical education and experience within the district.
    Subd. 3. Qualified part-time teacher program participation requirements. (a) A teacher
in the public schools of a city of the first class who has three years or more allowable service in
the applicable retirement fund association or three years or more of full-time teaching service
in Minnesota public elementary schools, Minnesota secondary schools, and Minnesota State
Colleges and Universities system may, by agreement with the board of the employing district, be
assigned to teaching service within the district in a part-time teaching position. The agreement
must be executed before October 1 of the year for which the teacher requests to make retirement
contributions under subdivision 4. A copy of the executed agreement must be filed with the
executive director of the retirement fund association. If the copy of the executed agreement is
filed with the association after October 1 of the year for which the teacher requests to make
retirement contributions under subdivision 4, the employing school district shall pay a fine of $5
for each calendar day that elapsed since the October 1 due date. The association may not accept an
executed agreement that is received by the association more than 15 months late. The association
may not waive the fine required by this section.
(b) Notwithstanding paragraph (a), if the teacher is also a legislator:
(1) the agreement in paragraph (a) must be executed before March 1 of the school year for
which the teacher requests to make retirement contributions under subdivision 4; and
(2) the fines specified in paragraph (a) apply if the employing unit does not file the executed
agreement with the executive director of the applicable Teachers Retirement Fund Association by
March 1.
    Subd. 4. Retirement contributions. Notwithstanding any provision to the contrary in this
chapter or the articles of incorporation or bylaws of an association relating to the salary figure to
be used for the determination of contributions or the accrual of service credit, a teacher assigned
to a part-time position under this section shall continue to make employee contributions to and
to accrue allowable service credit in the applicable association during the period of part-time
employment on the same basis and in the same amounts as would have been paid and accrued
if the teacher had been employed on a full-time basis provided that, prior to June 30 each year
the member and the employing board make that portion of the required employer contribution
to the applicable association in any proportion which they may agree upon, that is based on the
difference between the amount of compensation that would have been paid if the teacher had been
employed on a full-time basis and the amount of compensation actually received by the teacher
for services rendered in the part-time assignment. The employer contributions to the applicable
association on behalf of the teacher shall be based on the amount of compensation actually
received by the teacher for the services rendered in the part-time assignment in the manner
described in section 354A.12, subdivision 2a. The employee and employer contributions shall be
based upon the rates of contribution prescribed by section 354A.12. Full membership, accrual of
allowable service credit and employee contributions for part-time teaching service by a teacher
pursuant to this section and section 354.66 shall not continue for a period longer than ten years.
    Subd. 4a.[Repealed, 1987 c 398 art 7 s 43]
    Subd. 5. Limits on outside coverage. A teacher entitled to full membership, accrual of
allowable service credit and employee contributions for part time teaching service pursuant to this
section shall not be entitled during the same period of time to be a member of, accrue allowable
service credit in or make employee contributions to any other Minnesota public pension plan,
except a volunteer firefighters relief association governed by sections 69.771 to 69.776.
    Subd. 6. Insurance. A board of an employing district entering into an agreement authorized
by this section shall take all steps necessary to assure continuance of any insurance programs
furnished or authorized a full-time teacher on an identical basis and with identical sharing of costs
for a part time teacher pursuant to this section.
    Subd. 7. Qualification. Only teachers who are in the bargaining unit as defined in section
179A.03, subdivision 7, during the year preceding the period of part time employment pursuant to
this section shall qualify for full membership in, accrual of service credit from, and employee
contributions to a teachers retirement fund association for part time teaching service pursuant to
subdivision 4. Notwithstanding the provisions of section 179A.03, subdivision 14, clauses (e)
and (f), teachers who are employed on a part time basis for purposes of this section and who
would therefore be disqualified from the bargaining unit by one or both of those provisions, shall
continue to be in the bargaining unit during the period of part time employment pursuant to this
section for purposes of compensation, fringe benefits and the grievance procedure.
    Subd. 8. One district limit. No teacher shall qualify for full membership in, accrual of
service credit from and employee contributions to the Teachers Retirement Association or a
teachers retirement fund association for part time teaching service pursuant to subdivision 4
or section 354.66, subdivision 4, in more than one district at the same time. No teacher shall
qualify for full membership in, accrual of service credit from and employee contributions to a
teachers retirement fund association during part time employment in a district pursuant to this
section in any year if the teacher also takes a full time or part time teaching position in another
Minnesota school district.
    Subd. 9.[Repealed, 1987 c 398 art 7 s 43]
    Subd. 10. Nonqualified part-time positions. Nothing in this section shall be construed to
limit the authority of a school board to assign a teacher to a part time teaching position which
does not qualify for employee contributions to a teachers retirement fund association pursuant
to this section.
    Subd. 11. Substitute teaching; no coverage overlap. Neither subdivision 5 nor subdivision
8 shall be construed to prohibit a teacher who qualifies for full membership in, accrual of service
credit from and employee contributions to a teachers retirement fund 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 this chapter or the bylaws of a retirement association,
a teacher may not pay retirement contributions or receive allowable service credit in the funds
for other teaching service rendered for any part of any year for which the teacher qualifies for
full membership in, accrual of service credit from and employee contributions to the Teachers
Retirement Association or a teachers retirement fund association pursuant to section 354.66
or this section.
    Subd. 12. Information supplied by district. Each school district covered by the provisions
of this chapter shall furnish to the appropriate teachers retirement fund association whatever
information and reports deemed necessary by the board of trustees of the applicable teachers
retirement fund association to administer the provisions of this section.
History: 1979 c 217 s 9; 1980 c 509 s 136-139; 1981 c 224 s 135-138; 1981 c 358 art 8 s
18; 1982 c 578 art 3 s 6; 1983 c 314 art 10 s 15-17; 1984 c 462 s 27; 1Sp1985 c 12 art 6 s 20; art
11 s 12; 1987 c 258 s 12; 1989 c 246 s 2; 1989 c 329 art 9 s 25; 1991 c 199 art 1 s 72; 1994 c
521 s 3,4; 1995 c 262 art 1 s 6; 1996 c 305 art 1 s 89; 1998 c 390 art 3 s 3,4; 1998 c 397 art
11 s 3; 2004 c 267 art 4 s 2