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    Subdivision 1. Salaries; when paid. The commissioner, with the approval of the governor,
may choose to pay salaried employees semimonthly or biweekly.
    Subd. 2.[Repealed, 1976 c 231 s 34]
    Subd. 3. Equal payments. The commissioner may adjust the salary of an employee to
provide equal payments through the year and to make use of modern accounting in preparing
the payroll. Adjusted salaries must be based on a year of 2088 working hours. Fractions may be
dropped or added in order to permit equal payments even if the salary is then slightly changed.
    Subd. 4. Allocations. The commissioner shall set procedures for allocating and encumbering
equal salary payments when a payroll period extends beyond the end of the fiscal year.
    Subd. 4a. Application. Subdivision 4 applies to salaries of state officers and employees
payable in equal payments throughout the year notwithstanding any other provision in Minnesota
Statutes. No provision of any subsequent law relating to the budget, allotment, and encumbrance
system or to appropriations for the payment of salaries of state officers and employees shall be
construed as inconsistent with this subdivision except as expressly provided in the subsequent act
that subdivision 4 does not apply or is superseded, modified, amended, or repealed.
    Subd. 5. Payroll duties. When the department prepares the payroll for an agency, the
commissioner assumes the agency head's duties to make authorized or required deductions from,
or employer contributions on, the pay of the agency's employees and to prepare and issue the
necessary warrants.
    Subd. 5a. Voluntary deductions. The commissioner may require an employee making a
voluntary deduction and the recipient of the deduction to provide information on the amount
of or a change in the amount of the deduction. The employee making a voluntary deduction
must sign and send the deduction instructions to the intended recipient of the deduction. The
intended recipient shall forward the original signed instruction and other required information
to the employee's payroll preparer.
    Subd. 6. Branch payrolls. The commissioner shall prepare the payroll for the executive
branch. Upon request of the Rules Committee of the senate or house of representatives or the
Supreme Court, as appropriate, the commissioner shall prepare the payrolls of the legislative and
judicial branches in a similar way.
    Subd. 7. Certify hours. The commissioner may authorize an official to certify the hours
worked for payroll purposes in anticipation of the hours actually worked.
    Subd. 8.MS 1974 [Repealed, 1975 c 273 s 3]
    Subd. 8. Exceptions. The commissioner shall prescribe procedures to assure payment is
made only for hours worked except:
(1) for leave under a collective bargaining agreement;
(2) for leave under a plan according to section 43A.18 or the rules of the Department
of Employee Relations; or
(3) to resolve a formal employee grievance permitted by law or collective bargaining
    Subd. 8a. Overpayment. The head of an agency shall release to the commissioner money
held for an employee when the commissioner certifies to the head that the money is required to
correct an overpayment to an employee. An employee's contribution to a retirement fund may
not be released until the person otherwise entitled to the employee's retirement account has been
notified of the release certification and is eligible to apply for a refund. Released funds are the
equivalent of a refund. Funds may not be released if the employee or a survivor is entitled to an
immediate or deferred annuity or to a survivor's benefit.
    Subd. 9. Agencies share. If a direct appropriation for payroll preparation is made, the
commissioner shall bill an agency for its share of payroll costs. The billing shall be done through
the indirect cost billing system. Money collected must be deposited in the general fund.
    Subd. 10. Direct deposit. Notwithstanding section 177.23, the commissioner may require
direct deposit for all state employees who are being paid by the state payroll system.
History: 1957 c 414 s 1; 1961 c 222 s 1,2; 1969 c 281 s 1; 1971 c 803 s 1,2; Ex1971 c 32 s
19; 1973 c 435 s 1; 1973 c 492 s 14; 1976 c 231 s 12-17; 1977 c 340 s 1; 1977 c 410 s 6; 1980 c
617 s 47; 1981 c 210 s 49; 1984 c 628 art 2 s 1; 2003 c 112 art 1 s 9; 1Sp2003 c 1 art 2 s 35

Official Publication of the State of Minnesota
Revisor of Statutes