2007 Minnesota Statutes

422A.09 CLASSIFICATION OF EMPLOYEES.
    Subdivision 1. Two classes. Employees of the city shall be divided into a contributing
class and an exempt class.
    Subd. 2. Contributing class. The contributing class shall consist of all employees not
included in the exempt class, who become prospective beneficiaries of the fund created by this
chapter.
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 this chapter 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. Exempt class. 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. City coordinator; assistant city coordinator. 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.
History: 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; 1Sp2005 c 8 art 10 s 80