2005 Minnesota Statutes

     354A.091 Teachers on extended leave. 

    Subdivision 1.    Retirement contributions.  
 Notwithstanding any provision to the contrary of this chapter or 
 the articles of incorporation or bylaws of an association 
 relating to the salary figure to be used for the determination 
 of contributions or the accrual of service credit an elementary, 
 secondary, or technical college teacher in the public schools of 
 a city of the first class who is granted an extended leave of 
 absence pursuant to section 122A.46, or a teacher who is granted 
 an extended leave of absence under section 136F.43, may pay 
 employee contributions to the applicable association and shall 
 be entitled to receive allowable service credit in that 
 association for each year of leave, provided the member and the 
 employing board make the required employer contributions, in any 
 proportion they may agree upon, to that association during the 
 period of leave which shall not exceed five years.  The state 
 shall not make an employer contribution on behalf of the 
 teacher.  The employee and employer contributions shall be based 
 upon the rates of contribution prescribed by section 354A.12 as 
 applied to a salary figure equal to the teacher's actual covered 
 salary for the plan year immediately preceding the leave.  
 Payment of the employee and employer contributions authorized 
 pursuant to this section shall be made on or before June 30 of 
 the fiscal year for which service credit is to be received.  No 
 allowable service with respect to a year of extended leave of 
 absence shall be credited to a teacher until payment of the 
 required employee and employer contributions has been received 
 by the association. 

    Subd. 1a.    Exception for leaves since 1981-1982.  
 Notwithstanding subdivision 1, the following provisions apply to 
 elementary and secondary school and technical institute teachers 
 whose extended leaves begin in the 1981-1982, 1982-1983, or 
 1983-1984 school year:  

    (a) A member whose application states the intention to pay 
 employee contributions to the applicable association, requests 
 state payment of the employer contribution, and is approved by 
 the commissioner within the limits of section 125.60, 
 subdivision 7, may pay employee contributions to the applicable 
 association and receive allowable service credit in that 
 association for each year of leave during the period of the 
 leave, which shall not exceed five years; 

    (b) The state shall pay employer contributions for a member 
 described in clause (a) for no more than the first three years 
 of the leave, provided the member who is on extended leave pays 
 the employee contribution to the applicable association by the 
 payment date specified in subdivision 1; 

    (c) A member whose application is approved as to the 
 member's eligibility under section 122A.46, subdivisions 1 and 
 2, but whose application does not request state payment of 
 employer contributions or is disapproved as to state payment of 
 employer contributions, or who is in the fourth or fifth year of 
 leave affected by clause (b) may pay employee contributions and 
 receive allowable service credit as provided in subdivision 1 if 
 the member and the employing school board make the required 
 employer contribution, in any proportion which they may agree 
 upon, by the payment date specified in subdivision 1. 

    Subd. 1b.   Pre-May 16, 1981, leave exception.  
 Notwithstanding subdivision 1, the following provisions apply 
 only to elementary, secondary, and area vocational technical 
 school teachers whose extended leaves began in the 1978-1979, 
 1979-1980, or 1980-1981 school years:  

    (a) A member whose period of extended leave began on or 
 before May 15, 1981, may pay employee contributions and receive 
 allowable service credit toward annuities and other benefits 
 under this chapter for each year of the leave during the period 
 of the leave which does not exceed five years; 

    (b) The state shall pay employer contributions into the 
 applicable fund for a member described in clause (a) for each 
 year of the leave for which the member who is on extended leave 
 pays the employee's contribution into the fund by the payment 
 date specified in subdivision 1.  

    Subd. 2.    Membership retention.  A teacher on extended 
 leave under either section 122A.46 or 136F.43 whose employee and 
 employer contributions are made to the applicable teachers 
 retirement fund association pursuant to subdivision 1 shall 
 retain membership in the association for each year during which 
 the contributions are made, under the same terms and conditions 
 as if the teacher had continued to teach in the district. 

    Subd. 3.    Effect of nonpayment.  A teacher on extended 
 leave under either section 122A.46 or 136F.43 who does not make 
 employee contributions or whose employer contribution is not 
 made to the applicable teachers retirement fund association in 
 any year shall be deemed to have ceased to be an active member 
 of the association and to have ceased to render teaching 
 services beginning in that year for purposes of this chapter and 
 the articles of incorporation and bylaws of the association, and 
 may not pay employee or employer contributions into the fund in 
 any subsequent year of the leave.  Nonpayment of contributions 
 into the fund shall not affect the rights or obligations of the 
 teacher or the employing school district under section 122A.46 
 or the Minnesota State Colleges and Universities system under 
 section 136F.43. 

    Subd. 4.    Teachers who do not resume service.  If a 
 teacher who has made employee contributions to the applicable 
 teachers retirement fund association for the agreed maximum 
 duration of an extended leave does not resume teaching service 
 in the first school year after that maximum duration has 
 elapsed, the teacher shall be deemed to have ceased to be an 
 active member of the association and to have ceased to render 
 teaching services beginning in that first school year after that 
 maximum duration has elapsed for purposes of this chapter and 
 the articles of incorporation and bylaws of the association. 

    Subd. 5.    Applicability.  The provisions of this 
 section shall not apply to a teacher who is discharged pursuant 
 to section 122A.41 while the teacher is on an extended leave of 
 absence pursuant to section 122A.46.  The provisions of this 
 section also do not apply to a teacher who is discharged for 
 cause while the teacher is on an extended leave of absence under 
 section 136F.43. 

    Subd. 6.    Exclusive coverage.  A teacher who makes 
 employee contributions to and receives allowable service credit 
 in the applicable teacher's retirement fund association pursuant 
 to this section may not make employee contributions or receive 
 allowable service credit for the same period of time in any 
 other Minnesota public employee pension plan, except a volunteer 
 firefighters relief association governed by sections 69.771 to 
 69.776.  This subdivision shall not be construed to prohibit a 
 member who pays employee contributions and receives allowable 
 service credit in the fund pursuant to this section in any year 
 from being employed as a substitute teacher by any school 
 district during that year.  Notwithstanding the provisions of 
 this chapter or the bylaws of a retirement association, a 
 teacher may not pay retirement contributions or receive 
 allowable service credit in the fund for teaching service 
 rendered for any part of any year for which the teacher pays 
 retirement contributions or receives allowable service credit 
 pursuant to section 354.094 or this section while on an extended 
 leave of absence under either section 122A.46 or 136F.43. 

    HIST: 1977 c 447 art 9 s 6; 1978 c 764 s 120,121; 1979 c 217 s 
 6; 1979 c 334 art 8 s 20-22; 1981 c 224 s 132,133; 1981 c 358 
 art 8 s 14-17; 1983 c 314 art 10 s 12-14; 1986 c 444; 1987 c 258 
 s 12; 1989 c 246 s 2; 1989 c 293 s 79; 1989 c 329 art 9 s 23,24; 
 1998 c 397 art 11 s 3; 2000 c 461 art 12 s 6-10