2005 Minnesota Statutes

     354A.051 MTRFA coverage for union business agents. 

    Subdivision 1.    Authorization.  A member of the 
 Minneapolis Teachers Retirement Fund Association on a leave of 
 absence from a teaching position with Special School District 
 No. 1, and who is employed by an employee organization 
 representing Minneapolis Teachers Retirement Fund Association 
 active members, may elect under subdivision 2 to be a member of 
 the coordinated program of the association for service with that 
 employee organization, subject to the limitations specified in 
 subdivisions 3, 4, and 5. 

    Subd. 2.    Election.  Except as indicated in 
 subdivision 3, a person described in subdivision 1 must be 
 covered by the Minneapolis Teachers Retirement Fund Association 
 coordinated program for employment with the employer 
 organization if the person files a written election to be 
 covered with the executive director of the teachers retirement 
 fund association within 90 days of first being employed by the 
 employee organization, or within 90 days of the start of the 
 first leave of absence due to service as an employee 
 organization business agent, whichever is later. 

    Subd. 3.    Waiver of leave coverage.  Coverage under 
 this section does not apply to any leave period or portion of a 
 leave period for which a person has received service credit or 
 is eligible to receive service credit for the leave period under 
 any leave of absence provision in chapter 354A, any other 
 applicable law, or bylaws or articles of incorporation of the 
 association.  The person may waive eligibility to receive 
 service credit under a leave of absence provision and be covered 
 by this section for the applicable period by filing a waiver 
 with the executive director within 90 days of the start of the 
 leave. 

    Subd. 4.    Covered salary limitation.  (a) The covered 
 salary for an employee of the employee organization covered by 
 the coordinated program of the Minneapolis Teachers Retirement 
 Fund Association under this section is limited to the lesser of: 

    (1) the person's actual salary from the employee 
 organization as defined in section 354A.011, subdivision 24; or 

    (2) 75 percent of the salary of the governor as set under 
 section 15A.082. 

    (b) The limited covered salary determined under this 
 paragraph must be used in determining member, employer, and 
 employer additional contributions under section 354A.12, and in 
 determining annuities and other benefits under sections 354A.30 
 to 354A.41 and chapter 356. 

    Subd. 5.    Annuity receipt requirements.  A retirement 
 annuity is only payable from the coordinated program of the 
 Minneapolis Teachers Retirement Fund Association to a person 
 described in subdivision 1 if the person has met all applicable 
 requirements, including the termination by the person from 
 employment by the employee organization and by the school 
 district.  The reemployed annuitant earnings limitation in 
 section 354A.31, subdivision 3, applies if the person retires 
 and is subsequently reemployed while an annuitant by the 
 employee organization or by any other entity employing persons 
 who are members of the applicable teachers retirement fund 
 association by virtue of that employment. 

    Subd. 6.    Contribution requirements.  The member, 
 employer, and employer additional contributions required by 
 section 354A.12 are the obligation of the person who elects 
 coverage by the coordinated program of the Minneapolis Teachers 
 Retirement Fund Association, but the employee organization may 
 pay the employer and employer additional contributions.  
 Contributions made by the person must be made by salary 
 deduction.  Contributions made by the employee organization must 
 be made as provided in section 354A.12. 

    Subd. 7.    Board ineligibility.  A person employed by 
 an employee organization who retains active membership in the 
 teachers retirement fund association under this section is not 
 eligible for election to the board of trustees of the teachers 
 retirement fund association. 

    HIST: 2000 c 461 art 11 s 4