2002 Minnesota Statutes

     422A.09 Classification of employees. 

    Subdivision 1.  Employees of the city shall be divided into 
 a contributing class and an exempt class. 

    Subd. 2.  The contributing class shall consist of all 
 employees not included in the exempt class, who become 
 prospective beneficiaries of the fund created by sections 
 422A.01 to 422A.25. 

    A member of the contributing class who is granted a leave 
 of absence without pay by the member's employer to serve as an 
 employee or agent of a labor union representing members of the 
 contributing class may continue as a member of the contributing 
 class during the period of such leave of absence by depositing 
 each month with the fund the amount of the contribution of the 
 employee as required by sections 422A.01 to 422A.25 which amount 
 shall be the normal employee contribution. 

    The contributions referred to in this subdivision shall be 
 based on the salary for the position or its equivalent held by 
 the member immediately prior to such leave of absence subject to 
 any adjustment thereof during the period of such leave. 

    Subd. 3.    Exceptions from membership.  The exempt 
 class shall consist of: 

    (1) Employees who are members of any other organization or 
 association of the city on behalf of which a tax is levied by 
 the city for the purpose of paying retirement allowances to 
 disabled or superannuated employees. 

    (2) Persons filling elective position; provided that any 
 elective officer holding an elective city office, except a judge 
 of municipal court, shall, upon written application to the 
 retirement board, be entitled to become a member of the 
 contributing class of the fund, and after becoming a contributor 
 to the fund be entitled to all benefits conferred upon employees 
 of the contributing class except retirement on a service 
 allowance, which shall be granted only upon completion of ten or 
 more years of service and attaining at least age 60. 

    All retirement allowances shall be computed and determined 
 as provided herein, except that in determining the number of 
 years of service, credit shall be given for time served as an 
 elective officer or employee, or member of an executive board or 
 commission or any combination thereof.  Persons who have served 
 in elective positions which qualified them for membership in the 
 fund prior to July 1, 1967, and who immediately thereafter hold 
 elective office, first being appointed to that elective office 
 in Hennepin county, may retain or resume membership in the fund 
 as an elective officer of the county.  The county shall collect 
 and pay to the retirement fund the employee contribution as 
 required under section 422A.10.  The employer contribution on 
 behalf of the elected officer must be paid by the county.  
 Before receiving a retirement allowance, or any other benefit, 
 any person who claims credit for service under this section 
 shall contribute to the fund an amount equal to the amount of 
 contributions to the fund which the person would have made had 
 the person been a contributor to the fund since the date the 
 person first became eligible for membership in the fund, under 
 section 422A.10, plus six percent compound interest. 

    (3) Persons serving without pay. 

    (4) Persons employed on a temporary basis, as doorkeepers, 
 ticket takers, and attendants at the municipal auditorium, park 
 recreation facilities, or like activities, employed less than 
 1000 hours, or its equivalent if employed on any other basis 
 than an hourly basis, in any calendar year from January 1 to 
 December 31, inclusive, provided that employees who were 
 contributing members of the fund on July 1, 1959 shall not be 
 affected by the exclusions in this section. 

    (5) A person who is exempted from the contributing class by 
 Minnesota Statutes 1974, section 422A.09, subdivision 3, clauses 
 (4) and (5), but who is employed by and paid, in whole or in 
 part, by the city or any of its boards, departments, or 
 commissions, operated as a department of the city government or 
 independently, if financed in whole or in part by city funds, 
 including any person employed by a public corporation, and 
 including any person employed by special school district No. 1, 
 each of whom is not a member of any other retirement system, who 
 later becomes a contributing member of the fund may elect to 
 qualify at that time for credit by paying into the fund an 
 amount equal to the amount of contributions to the fund which 
 the person would have made had the person been a contributor to 
 the fund since the date the person first qualified as an exempt 
 member of the contributing class, under section 422A.10, plus 
 six percent compound interest. 

    Subd. 4.  The exempt class shall also consist of persons 
 filling the positions of Minneapolis city coordinator and 
 assistant city coordinator, provided that any such person shall, 
 upon written application to the retirement board, be entitled to 
 become a member of the contributing class of the fund, and after 
 becoming a contributor to the fund be entitled to all benefits 
 conferred upon employees of the contributing class.  If a person 
 filling the position of city coordinator or assistant city 
 coordinator does not elect to become a member of the 
 contributing class, the city of Minneapolis may pay to such 
 person, in addition to the salary allowed under any limitations 
 imposed upon salaries by any law, an amount equal to what would 
 be the employer's contribution for normal costs to the 
 retirement fund if the employee was a member of the contributing 
 class, provided that such employee agrees that the additional 
 salary shall be deposited by the city in a deferred compensation 
 program. 

    HIST: 1973 c 133 s 9; 1973 c 770 s 3; 1974 c 76 s 6,7; 1976 c 
 130 s 2; 1977 c 399 s 15; 1977 c 452 s 34; 1978 c 562 s 11; 1978 
 c 649 s 5; 1978 c 720 s 12; 1979 c 50 s 55; 1980 c 607 art 16 s 
 16,17 subd 2; 1981 c 224 s 185; 1986 c 444; 1987 c 284 art 2 s 
 7; 1991 c 206 s 5; 1995 c 262 art 2 s 10