471.975 May pay salary differential of reserve on active 
  duty. 

    (a) A statutory or home rule charter city, county, town, 
 school district, or other political subdivision may pay to each 
 eligible member of the National Guard or other reserve component 
 of the Armed Forces of the United States an amount equal to the 
 difference between the member's basic active duty military 
 salary and the salary the member would be paid as an active 
 political subdivision employee, including any adjustments the 
 member would have received if not on leave of absence.  This 
 payment may be made only to a person whose basic active duty 
 military salary is less than the salary the person would be paid 
 as an active political subdivision employee.  Back pay 
 authorized by this section may be paid in a lump sum.  Payment 
 under this section must not extend beyond four years from the 
 date the employee reported for active service, plus any 
 additional time the employee may be legally required to serve. 

    (b) An eligible member of the reserve components of the 
 Armed Forces of the United States is a reservist or National 
 Guard member who was an employee of a political subdivision at 
 the time the member reported for active service on or after May 
 29, 2003, or who is on active service on May 29, 2003. 

    (c) Notwithstanding other obligations under law, a 
 political subdivision has total discretion regarding employee 
 benefit continuation for a member who reports for active service 
 and the terms and conditions of any benefit. 

    (d) For purposes of this section, "active service" has the 
 meaning given in section 190.05, subdivision 5, but excludes 
 service performed exclusively for purposes of: 

    (1) basic combat training, advanced individual training, 
 annual training, and periodic inactive duty training; 

    (2) special training periodically made available to reserve 
 members; and 

    (3) service performed in accordance with section 190.08, 
 subdivision 3. 

    HIST: 1991 c 345 art 1 s 95; 2003 c 123 s 2