2003_0811_packet - Laserfiche WebLink

Home

Mr. Meal Beets July 21, 2003 Page The terns salary is consistently used in other Minnesota statutes in ways that do not include amounts contributed for health benefits. For Minnesota le islators, salary means the regular compensation paid to legislators for service as a legislator. The key element in this definition is that the amounts are paid to the legislator. Likewise, under the Minnesota State Retirement System, salary means wages or other periodic compensation maid to an eMploe.2 For state employees, salary means the annual rate of F a . 3 Notably, this definition does not use the tern compensation. The laver regarding the Public Employees Retirement Association, explicitly states that salary does not mean employer -paid amounts used by an employee toward the costs of insurance coverage. 4 Finally, in stating ghat public personnel data is the y � 1� l� Minnesota Data Practices Act includes both salary and the value and nature of employer paid fringe benefits,5 Describing public personnel data in this way distinguishes salary from employer paid bene f its such as health insurance indicating that health insurance would not be part of a person's salary. Due to the terra "salary" } being used in Minnesota statutes in many ways that do not include amounts paid to third parties for benefits, it is our belief that the term `'salary" as used in §415.11 does not include amounts contributed for health insurance. In addition, reimbursement to council members for expenses incurred on public business is not salary because they are not gages or compensation for services. The Attorney General has recognized this in Opinion 471-K, Dec. 26, 1950. We believe that a change in 103.03 of the City Code to allow reimbursement to Council members of local expenses would not be a change in the salary under Minnesota Statute §415.11 because it would not change the amount paid to Council members on a regular basis. Very truly yours, Jay T� S uires Eric L. Hedtke I: 50559 'Minn. Stat. §3A.O1, subd 6a. Minn. Stat. §352.01, s ubd. 13. 3 Minn. Stat. §43A.1 7, subd. 1. 4 Minn. Scat. §353.01, subd. 10(b)(2). 5 Minn. Stat. § 13.43, subd. 2(a)(1).