1999 Minnesota Statutes

     354.41 Teachers retirement association, eligibility for 
  membership. 

    Subdivision 1.  Repealed, 1974 c 289 s 59 

    Subd. 2.  Every teacher after June 30, 1957, in the service 
 or entering the service of the state or its governmental 
 subdivision as a teacher, except persons specially excluded, 
 shall become a member of the association by the acceptance of 
 such employment. 

    Subd. 3. Repealed, 1989 c 319 art 2 s 28 

    Subd. 4.  (a) A person who is a member on an authorized 
 leave of absence and is employed by the Minnesota federation of 
 teachers or its affiliated branches within the state, the 
 Minnesota education association, the Minnesota association of 
 school principals, the Minnesota association of secondary school 
 principals or the Minnesota 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.  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.  Any member who has been granted a leave of 
 absence to serve as an elected officer of a professional 
 teachers organization shall be entitled to acquire allowable 
 service credit for the period of leave.  To acquire the 
 allowable service credit, the member shall make any required 
 employee contributions currently during the period of the leave, 
 which shall be based upon the contract salary for which the 
 member would have been eligible if the member had not been 
 granted the leave of absence and shall be consistent with the 
 contract in force for the year occurring immediately prior to 
 the commencement of the leave of absence.  Any shortage which 
 occurs in the amount of required employee contributions for any 
 year may be paid directly to the fund with interest at an annual 
 rate of 8.5 percent compounded annually on or prior to the last 
 day of the fiscal year next following the occurrence of the 
 shortage.  

    HIST: 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