2004 Minnesota Statutes

     352B.01 Definitions. 

    Subdivision 1.    Scope.  In this chapter, the terms 
 defined in this section have the meanings given them. 

    Subd. 2.    Member.  "Member" means: 

    (1) a State Patrol member currently employed after June 30, 
 1943, under section 299D.03 by the state, who is a peace officer 
 under section 626.84, and whose salary or compensation is paid 
 out of state funds; 

    (2) a conservation officer employed under section 97A.201, 
 currently employed by the state, whose salary or compensation is 
 paid out of state funds; 

    (3) a crime bureau officer who was employed by the crime 
 bureau and was a member of the Highway Patrolmen's retirement 
 fund on July 1, 1978, whether or not that person has the power 
 of arrest by warrant after that date, or who is employed as 
 police personnel, with powers of arrest by warrant under section 
 299C.04, and who is currently employed by the state, and whose 
 salary or compensation is paid out of state funds; 

    (4) a person who is employed by the state in the Department 
 of Public Safety in a data processing management position with 
 salary or compensation paid from state funds, who was a crime 
 bureau officer covered by the State Patrol retirement plan on 
 August 15, 1987, and who was initially hired in the data 
 processing management position within the department during 
 September 1987, or January 1988, with membership continuing for 
 the duration of the person's employment in that position, 
 whether or not the person has the power of arrest by warrant 
 after August 15, 1987; 

    (5) a public safety employee defined as a peace officer in 
 section 626.84, subdivision 1, paragraph (c), and employed with 
 the Division of Alcohol and Gambling Enforcement under section 
 299L.01; and 

    (6) a Fugitive Apprehension Unit officer after October 31, 
 2000, employed by the Office of Special Investigations of the 
 Department of Corrections who is a peace officer under section 
 626.84.  

    Subd. 2a. Repealed, 1993 c 307 art 7 s 1 

    Subd. 3.    Allowable service.  (a) "Allowable service" 
 means:  

    (1) for members defined in subdivision 2, clause (a), 
 monthly service is granted for any month for which payments have 
 been made to the State Patrol retirement fund, and 

    (2) for members defined in subdivision 2, clauses (b) and 
 (c), service for which payments have been made to the State 
 Patrol retirement fund, service for which payments were made to 
 the State Police officers retirement fund after June 30, 1961, 
 and all prior service which was credited to a member for service 
 on or before June 30, 1961.  

    (b) Allowable service also includes any period of absence 
 from duty by a member who, by reason of injury incurred in the 
 performance of duty, is temporarily disabled and for which 
 disability the state is liable under the workers' compensation 
 law, until the date authorized by the executive director for 
 commencement of payment of a disability benefit or return to 
 employment.  

    (c) MS 2002 (Expired)

    Subd. 3a.    Uncredited military service credit purchase. 
  (a) A member who has at least three years of allowable 
 service with the State Patrol retirement plan under subdivision 
 3 and who performed service in the United States armed forces 
 before becoming a member is entitled to purchase allowable 
 service credit for the initial period of enlistment, induction, 
 or call to active duty without any voluntary extension by making 
 payment under section 356.55 if the employee has not purchased 
 service credit from any other Minnesota defined benefit public 
 employee pension plan for the same period of service. 

    (b) A member who desires to purchase service credit under 
 paragraph (a) must apply with the executive director to make the 
 purchase.  The application must include all necessary 
 documentation of the member's qualifications to make the 
 purchase, signed written permission to allow the executive 
 director to request and receive necessary verification of 
 applicable facts and eligibility requirements, and any other 
 relevant information that the executive director may require. 

    (c) Allowable service credit for the purchase period must 
 be granted by the State Patrol retirement plan to the purchasing 
 employee upon receipt of the purchase payment amount.  Payment 
 must be made before the effective date of retirement of the 
 member. 

    Subd. 3b.    Credit for break in service to provide 
 uniformed service.  (a) A member who is absent from employment 
 by reason of service in the uniformed services, as defined in 
 United States Code, title 38, section 4303(13), and who returns 
 to state employment in a position covered by the plan upon 
 discharge from service in the uniformed service within the time 
 frame required in United States Code, title 38, section 4312(e), 
 may obtain service credit for the period of the uniformed 
 service, provided that the member did not separate from 
 uniformed service with a dishonorable or bad conduct discharge 
 or under other than honorable conditions.  

    (b) The member may obtain credit by paying into the fund an 
 equivalent member contribution based on the contribution rate or 
 rates in effect at the time that the uniformed service was 
 performed multiplied by the full and fractional years being 
 purchased and applied to the annual salary rate.  The annual 
 salary rate is the average annual salary during the purchase 
 period that the member would have received if the member had 
 continued to provide employment services to the state rather 
 than to provide uniformed service, or if the determination of 
 that rate is not reasonably certain, the annual salary rate is 
 the member's average salary rate during the 12-month period of 
 covered employment rendered immediately preceding the purchase 
 period.  

    (c) The equivalent employer contribution and, if 
 applicable, the equivalent employer additional contribution, 
 must be paid by the employing unit, using the employer and 
 employer additional contribution rate or rates in effect at the 
 time that the uniformed service was performed, applied to the 
 same annual salary rate or rates used to compute the equivalent 
 member contribution.  

    (d) If the member equivalent contributions provided for in 
 this subdivision are not paid in full, the member's allowable 
 service credit must be prorated by multiplying the full and 
 fractional number of years of uniformed service eligible for 
 purchase by the ratio obtained by dividing the total member 
 contributions received by the total member contributions 
 otherwise required under this subdivision.  

    (e) To receive allowable service credit under this 
 subdivision, the contributions specified in this section must be 
 transmitted to the fund during the period which begins with the 
 date on which the individual returns to state employment covered 
 by the plan and which has a duration of three times the length 
 of the uniformed service period, but not to exceed five years.  
 If the determined payment period is calculated to be less than 
 one year, the contributions required under this subdivision to 
 receive service credit may be within one year from the discharge 
 date.  

    (f) The amount of allowable service credit obtainable under 
 this section may not exceed five years, unless a longer purchase 
 period is required under United States Code, title 38, section 
 4312.  

    (g) The employing unit shall pay interest on all equivalent 
 member and employer contribution amounts payable under this 
 subdivision.  Interest must be computed at a rate of 8.5 percent 
 compounded annually from the end of each fiscal year of the 
 leave or break in service to the end of the month in which 
 payment is received.  

    Subd. 4.    Department head.  "Department head" means 
 the head of any department, institution, or branch of the state 
 service that directly pays salaries from state funds to a member 
 who prepares, approves, and submits salary abstracts of 
 employees to the commissioner of finance. 

    Subd. 5.  Repealed, 1975 c 368 s 51 

    Subd. 6.    Accumulated deductions.  "Accumulated 
 deductions" means the total sums deducted from the salary of a 
 member and the total amount of assessments paid by a member in 
 place of deductions, and credited to the member's individual 
 account, without interest. 

    Subd. 7.    Fund.  "Fund" means the State Patrol 
 retirement fund. 

    Subd. 8. Repealed, 1983 c 128 s 36 

    Subd. 9.    Surviving spouse.  "Surviving spouse" means 
 a member's or former member's legally married spouse who resided 
 with the member or former member at the time of death and was 
 married to the member or former member, for a period of at least 
 one year, during or before the time of membership. 

    Subd. 10.    Dependent child.  "Dependent child" means a 
 natural or adopted unmarried child of a deceased member under 
 the age of 18 years, including any child of the member conceived 
 during the lifetime of the member and born after the death of 
 the member. 

    Subd. 11.    Average monthly salary.  (a) "Average 
 monthly salary" means the average of the highest monthly 
 salaries for five years of service as a member upon which 
 contributions were deducted from pay under section 352B.02, or 
 upon which appropriate contributions or payments were made to 
 the fund to receive allowable service and salary credit as 
 specified under the applicable law.  Average monthly salary must 
 be based upon all allowable service if this service is less than 
 five years.  

    (b) "Average monthly salary" means the salary of the member 
 as defined in section 352.01, subdivision 13.  "Average monthly 
 salary" does not include any lump-sum annual leave payments and 
 overtime payments made at the time of separation from state 
 service, any amounts of severance pay, or any reduced salary 
 paid during the period the person is entitled to workers' 
 compensation benefit payments for temporary disability.  

    (c) A member on leave of absence receiving temporary 
 workers' compensation payments and a reduced salary or no salary 
 from the employer who is entitled to allowable service credit 
 for the period of absence may make payment to the fund for the 
 difference between salary received, if any, and the salary the 
 member would normally receive if not on leave of absence during 
 the period.  The member shall pay an amount equal to the member 
 and employer contribution rate under section 352B.02, 
 subdivisions 1b and 1c, on the differential salary amount for 
 the period of the leave of absence.  The employing department, 
 at its option, may pay the employer amount on behalf of the 
 member.  Payment made under this subdivision must include 
 interest at the rate of 8.5 percent per year, and must be 
 completed within one year of the return from the leave of 
 absence. 

    HIST: 1943 c 637 s 12; 1973 c 178 s 1; 1973 c 492 s 14; 1977 c 
 429 s 14; 1978 c 720 s 4; 1979 c 262 s 1; 1981 c 37 s 2; 1981 c 
 224 s 274; 1983 c 128 s 17-19; 1986 c 386 art 4 s 26; 1986 c 
 444; 1987 c 229 art 7 s 1; 1987 c 259 s 21; 1989 c 319 art 13 s 
 24; 1990 c 570 art 1 s 3; 1993 c 307 art 2 s 11; art 3 s 5; 1997 
 c 129 art 2 s 15; 2000 c 461 art 3 s 2; art 4 s 2; 1Sp2001 c 10 
 art 3 s 14; art 6 s 2,21; art 8 s 2; 2003 c 112 art 2 s 50; 1Sp2003 c 12 
 art 6 s 5; 2004 c 
 267 art 2 s 2; art 3 s 2; art 17 s 2 

*   NOTE:  Subdivision 3a, as added by Laws 2000, chapter 461, 
*article 4, section 2, is repealed effective May 16, 2006.  Laws 
*2000, chapter 461, article 4, section 4, paragraph (b), as 
*amended by Laws 2003, First Special Session chapter 12, article 
*6, section 3; and Laws 2004, chapter 267, article 17, section 7.