(a) A member may purchase differential salary credit as described in paragraph (c) for a period of reduced salary as described in paragraph (b).
(b) The period of reduced salary must be a period occurring entirely within one school year, for school year employees, or one calendar year, for all other employees, during which the member receives no salary or a reduced salary from the employer while the member is:
(1) receiving workers' compensation payments related to the member's service to the public employer;
(2) on an authorized leave of absence;
(3) on an authorized leave of absence as a result of a budgetary or salary savings program offered or mandated by a governmental subdivision, if certified to the executive director by the governmental subdivision; or
(4) on a periodic, repetitive leave that is offered to all employees of a governmental subdivision where the leave program is certified by the employer to the association as one that does not exceed 208 hours during the school year or calendar year, as applicable.
(c) Differential salary credit is the difference between the salary received by the member during a period of reduced salary specified in paragraph (b) and the salary of the member, excluding overtime, on which contributions to the applicable plan would have been made during the period based on the member's normal employment period, measured in hours or otherwise, as applicable, and rate of pay.
(d) To receive differential salary credit, the member shall pay the plan, by delivering payment to the executive director, an amount equal to:
(1) the applicable employee contribution rate under section 353.27, subdivision 2; 353.65, subdivision 2; or 353E.03, subdivision 1, as applicable, multiplied by the differential salary amount;
(2) plus an employer equivalent payment equal to the applicable employer contribution rate in section 353.27, subdivision 3; 353.65, subdivision 3; or 353E.03, subdivision 2, as applicable, multiplied by the differential salary amount;
(3) plus, if applicable, an equivalent employer additional amount equal to the additional employer contribution rate in section 353.27, subdivision 3a, multiplied by the differential salary amount.
(e) The employer, by appropriate action of its governing body and documented in its official records, may pay on behalf of the member the amounts determined under paragraph (d), clauses (2) and (3), as applicable, plus interest under paragraph (f). However, if the period of reduced salary is a periodic, repetitive leave under paragraph (b), clause (4), then the employer must pay on behalf of the member the amount determined under paragraph (d), clauses (2) and (3), as applicable, plus interest under paragraph (f).
(f) Payment under this section must include interest on the contribution amount or amounts, whichever applies, at the applicable rate or rates specified in section 356.59, subdivision 3, compounded annually, prorated for the number of months, if less than 12 months, from the end of the school year or calendar year, as applicable, until full payment is received by the executive director. Payment under this section must be completed by the earliest of:
(1) six months after termination of public service by the employee under section 353.01, subdivision 11a;
(2) one year after the termination of the period of reduced salary specified in paragraph (b); or
(3) six months after the commencement of a disability benefit.
2010 c 359 art 5 s 7; 2015 c 68 art 3 s 10; art 12 s 10; 2018 c 211 art 6 s 17; art 10 s 4; 2021 c 22 art 3 s 4
Structure Minnesota Statutes
Chapters 352 - 356B — Retirement
Chapter 353 — Public Employees Retirement Association
Section 353.012 — University Of Minnesota Employees; Furlough Service And Salary Credit.
Section 353.014 — Federally Protected Military Leave.
Section 353.0141 — Other Military Leave.
Section 353.0162 — Salary Credit Purchase For Periods Of Reduced Salary.
Section 353.017 — Employees Of Labor Organizations.
Section 353.028 — City Managers; Election; Deferred Compensation.
Section 353.03 — Board Of Trustees.
Section 353.031 — Disability Determination Procedures.
Section 353.05 — Custodian Of Funds.
Section 353.06 — State Board Of Investment To Invest Funds.
Section 353.08 — Legal Adviser, Attorney General; Venue.
Section 353.14 — Benefits From Other Funds.
Section 353.15 — Nonassignability And Exemption From Judicial Process.
Section 353.16 — Audit Of Books And Accounts; Insurance Laws Not Applicable.
Section 353.19 — Penalties For False Information.
Section 353.27 — General Employees Retirement Fund.
Section 353.28 — Financing Of Employer Contributions.
Section 353.29 — Retirement Annuity Upon Termination Of Membership.
Section 353.30 — Annuities Upon Retirement.
Section 353.31 — Survivor Benefits.
Section 353.32 — Refunds After Death Of Member Or Former Member.
Section 353.33 — Total And Permanent Disability Benefits.
Section 353.335 — Disabilitant Earnings Reports.
Section 353.34 — Rights Upon Termination Of Membership.
Section 353.35 — Consequences Of Refund; Repayment, Rights Restored.
Section 353.37 — Reemployment Of Annuitant.
Section 353.371 — Postretirement Option.
Section 353.46 — Savings Clauses.
Section 353.50 — Merf Consolidation Account; Establishment And Operation.
Section 353.505 — State Contributions; Former Merf Division.
Section 353.64 — Membership; Qualifications; Police Officer, Firefighter.
Section 353.65 — Contributions.
Section 353.651 — Retirement Annuity Upon Separation From Public Service.
Section 353.6511 — Alternative Retirement Benefit Coverage In Certain Instances.
Section 353.6512 — Alternative Retirement Benefit Coverage In Certain Instances.
Section 353.652 — Social Security Benefit Offset.
Section 353.656 — Disability Benefits.
Section 353.657 — Survivor Benefits.
Section 353.659 — Local Relief Association Consolidation Account Benefits.
Section 353.665 — Merger Of Certain Consolidation Accounts Into Pera-p&f.
Section 353.666 — Past Service Credit For Certain Members Extended Coverage.
Section 353.67 — Application For Annuity.
Section 353.68 — Scope And Application.
Section 353.855 — Coverage By The Public Employees Retirement Association.
Section 353.87 — Volunteer Firefighters; Participation; Limitation; And Refund.
Section 353.95 — Account For Duluth Postemployment Benefits.