2001 Minnesota Statutes

     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 

    (11) Minneapolis fire department relief association 
 governed by sections 69.25 to 69.53 and augmented by Laws 1959, 
 chapters 213, 491, and 568, and other special local legislation. 

    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.