2006 Minnesota Statutes

352.029 COVERAGE FOR EMPLOYEES OF LABOR ORGANIZATIONS.
    Subdivision 1. Qualifications. Unless specifically excluded under section 352.01,
subdivision 2b , a state employee on leave of absence without pay to provide service as an
employee or officer of a labor organization that is an exclusive bargaining agent representing state
employees may elect under subdivision 2 to be covered by the general state employees retirement
plan of the Minnesota State Retirement System for service with the labor organization, subject to
the limitations set forth in subdivisions 2a and 2b.
    Subd. 2. Election. A person described in subdivision 1 shall be covered by the system if
written election to be covered is delivered to the executive director before December 31, 1992,
within 90 days of being employed by the labor organization, or within 90 days of starting the first
leave of absence with an exclusive bargaining agent, whichever is later.
    Subd. 2a. Limitations on salary for benefits and contributions. (a) The covered salary
for a labor organization employee who qualifies for membership under this section or section
352.75 is limited to the lesser of:
(1) the employee's actual salary as defined under section 352.01, subdivision 13; or
(2) 75 percent of the salary of the governor as set under section 15A.082.
(b) The limited covered salary determined under this subdivision must be used in
determining employee, employer, and employer additional contributions under section 352.04,
subdivisions 2 and 3 , and in determining retirement annuities and other benefits under this chapter
and chapter 356.
    Subd. 2b. 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 1 of employment by the labor organization. The reemployed annuitant earnings
limitation set forth in section 352.115, subdivision 10, applies in the event that the person who
elected coverage under subdivision 1 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 State Retirement System by virtue of that employment.
    Subd. 3. Contributions. The employee and employer contributions required by section
352.04, or by section 352.92 for employees covered by section 352.91, are the obligation of the
employee who chooses coverage under this section. However, the employing labor organization
may pay the employer contributions. Contributions made by the employee must be made by salary
deduction. The employing labor organization shall pay all contributions to the system as required
by section 352.04, or by section 352.92 for employees covered by section 352.91.
    Subd. 4.[Repealed, 1992 c 432 art 1 s 11]
    Subd. 5. Board membership excluded. Employees of a labor organization who become
members of the system under this section are not eligible for election to the board of directors.
History: 1977 c 429 s 13; 1981 c 224 s 45; 1Sp1985 c 7 s 5; 1987 c 229 art 6 s 1; 1990 c
570 art 10 s 3; 1992 c 432 art 1 s 2,3; 1994 c 528 art 4 s 1-3