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356.555 Parental or family leave service credit purchase.
Subdivision 1. Service credit purchase authorization. (a) Notwithstanding any provision to the contrary of the laws governing a plan enumerated in subdivision 4, a member of the pension plan who has at least three years of allowable service covered by the applicable pension plan and who was granted by the employer a parental leave of absence as defined in paragraph (b), or who was granted by the employer a family leave of absence as defined in paragraph (c), or who had a parental or family-related break in employment, as defined in paragraph (d), for which the person did not previously receive service credit or for which the person did not receive or purchase service credit from another defined benefit public employee pension plan, is entitled to purchase the actual period of the leave or of the break in service, up to five years, of allowable service credit in the applicable retirement plan. The purchase payment amount is governed by section 356.55.
(b) For purposes of this section, a parental leave of absence is a temporary period of interruption of or separation from active employment for the purposes of handling maternity or paternity duties that has been approved by the employing unit and that includes the right of reinstatement to employment.
(c) For purposes of this section, a family leave of absence is a family leave under United States Code, title 42, section 12631, as amended.
(d) For purposes of this section, a parental or family-related break in employment is a period following a termination of active employment primarily for the purpose of the birth of a child, the adoption of a child, or the provision of care to a near relative or in-law, after which the person returned to the prior employing unit or to an employing unit covered by the same pension plan that provided retirement coverage immediately prior to the termination of employment.
Subd. 2. Application and documentation. A person who desires to purchase service credit under subdivision 1 must apply for the service credit purchase with the chief administrative officer of the enumerated pension plan. The application must include all necessary documentation of the qualifications of the person to make the purchase, signed written permission to allow the chief administrative officer to request and receive necessary verification of all applicable facts and eligibility requirements, and any other relevant information that the chief administrative officer may require.
Subd. 3. Service credit grant. Allowable service credit in the applicable enumerated pension plan for the purchase period must be granted to the purchaser upon receipt of the purchase payment amount calculated under section 356.55. Payment of the purchase amount must be made before the person retires.
Subd. 4. Covered pension plans. This section applies to the following pension plans:
(1) general state employees retirement plan governed by chapter 352;
(2) correctional state employees retirement plan governed by chapter 352;
(3) general public employees retirement plan governed by chapter 353;
(4) public employees police and fire plan governed by chapter 353;
(5) teachers retirement plan governed by chapter 354;
(6) Minneapolis teachers retirement fund association governed by chapter 354A;
(7) Saint Paul teachers retirement fund association governed by chapter 354A;
(8) Duluth teachers retirement fund association governed by chapter 354A;
(9) Minneapolis employees retirement plan governed by chapter 422A;
(10) Minneapolis police relief association governed by chapter 423B; and
HIST: 1Sp2001 c 10 art 6 s 17
* NOTE: This section, as added by Laws 2001, First Special *Session chapter 10, article 6, section 17, expires May 16, *2003. Laws 2001, First Special Session chapter 10, article 6, *section 21.
Copyright © 2001 by the Revisor of Statutes, State of Minnesota. All rights reserved.