LCPR04-126
1.1 ............... moves to amend H.F. No. ....; S.F. No.
1.2 ...., as follows:
1.3 Page ..., after line ..., insert:
1.4 "Sec. ... Minnesota Statutes 2002, section 354.05,
1.5 subdivision 35, is amended to read:
1.6 Subd. 35. SALARY. (a) "Salary" means the periodic
1.7 compensation, upon which member contributions are required
1.8 before deductions for deferred compensation, supplemental
1.9 retirement plans, or other voluntary salary reduction programs.
1.10 (b) "Salary" does not include any amount that is in excess
1.11 of 85 percent of the salary of the governor at the time that the
1.12 person received the salary.
1.13 (c) "Salary" does not mean:
1.14 (1) lump sum annual leave payments;
1.15 (2) lump sum wellness and sick leave payments;
1.16 (3) employer-paid amounts used by an employee toward the
1.17 cost of insurance coverage, employer-paid fringe benefits,
1.18 flexible spending accounts, cafeteria plans, health care expense
1.19 accounts, day care expenses, or any payments in lieu of any
1.20 employer-paid group insurance coverage, including the difference
1.21 between single and family rates that may be paid to a member
1.22 with single coverage and certain amounts determined by the
1.23 executive director to be ineligible;
1.24 (4) any form of payment made in lieu of any other
1.25 employer-paid fringe benefit or expense;
1.26 (5) any form of severance payments;
1.27 (6) workers' compensation payments;
1.28 (7) disability insurance payments including self-insured
1.29 disability payments;
1.30 (8) payments to school principals and all other
1.31 administrators for services in addition to the normal work year
1.32 contract if these additional services are performed on an
1.33 extended duty day, Saturday, Sunday, holiday, annual leave day,
1.34 sick leave day, or any other nonduty day;
1.35 (9) payments under section 356.24, subdivision 1, clause
1.36 (4); and
2.1 (10) payments made under section 122A.40, subdivision 12,
2.2 except for payments for sick leave accumulated under the
2.3 provisions of a uniform school district policy that applies
2.4 equally to all similarly situated persons in the district.
2.5 Sec. ... Minnesota Statutes 2002, section 354A.011,
2.6 subdivision 24, is amended to read:
2.7 Subd. 24. SALARY; COVERED SALARY. (a) "Salary" or
2.8 "covered salary" means the entire compensation, upon which
2.9 member contributions are required and made, that is paid to a
2.10 teacher before deductions for deferred compensation,
2.11 supplemental retirement plans, or other voluntary salary
2.12 reduction programs.
2.13 (b) "Salary" or "covered salary" does not include any
2.14 amount that is in excess of 85 percent of the salary of the
2.15 governor at the time that the person received the salary.
2.16 (c) "Salary" does not mean:
2.17 (1) lump sum annual leave payments;
2.18 (2) lump sum wellness and sick leave payments;
2.19 (3) employer-paid amounts used by an employee toward the
2.20 cost of insurance coverage, employer-paid fringe benefits,
2.21 flexible spending accounts, cafeteria plans, health care expense
2.22 accounts, day care expenses, or any payments in lieu of any
2.23 employer-paid group insurance coverage, including the difference
2.24 between single and family rates that may be paid to a member
2.25 with single coverage, and certain amounts determined by the
2.26 executive secretary or director to be ineligible;
2.27 (4) any form of payment made in lieu of any other
2.28 employer-paid fringe benefit or expense;
2.29 (5) any form of severance payments;
2.30 (6) workers' compensation payments;
2.31 (7) disability insurance payments, including self-insured
2.32 disability payments;
2.33 (8) payments to school principals and all other
2.34 administrators for services in addition to the normal work year
2.35 contract if these additional services are performed on an
2.36 extended duty day, Saturday, Sunday, holiday, annual leave day,
3.1 sick leave day, or any other nonduty day;
3.2 (9) payments under section 356.24, subdivision 1, clause
3.3 (4)(ii); and
3.4 (10) payments made under section 122A.40, subdivision 12,
3.5 except for payments for sick leave accumulated under the
3.6 provisions of a uniform school district policy that applies
3.7 equally to all similarly situated persons in the district.
3.8 Sec. ... Minnesota Statutes 2002, section 356.611,
3.9 subdivision 1, is amended to read:
3.10 Subdivision 1. STATE SALARY LIMITATIONS. (a)
3.11 Notwithstanding any provision of law, bylaws, articles of
3.12 incorporation, retirement and disability allowance plan
3.13 agreements, or retirement plan contracts to the contrary, the
3.14 covered salary for pension purposes for a plan participant of a
3.15 covered retirement fund enumerated in section 356.30,
3.16 subdivision 3, may not exceed 95 85 percent of the salary
3.17 established for the governor under section 15A.082 at the time
3.18 the person received the salary.
3.19 (b) This section does not apply to a salary paid:
3.20 (1) to the governor;
3.21 (2) to an employee of a political subdivision in a position
3.22 that is excluded from the limit as specified under section
3.23 43A.17, subdivision 9; or
3.24 (3) to a state employee in a position for which the
3.25 commissioner of employee relations has approved a salary rate
3.26 that exceeds 95 percent of the governor's salary.
3.27 (c) The limited covered salary determined under this
3.28 section must be used in determining employee and employer
3.29 contributions and in determining retirement annuities and other
3.30 benefits under the respective covered retirement fund and under
3.31 this chapter."
3.32 Page ..., after line ..., insert:
3.33 "Sec. ... EFFECTIVE DATE.
3.34 Sections .., .., and .. are effective on the day following
3.35 final enactment."
3.36 Renumber the sections in sequence
4.1 Correct the internal references
4.2 Amend the title accordingly