Minnesota Statutes

Minn. Stat. § 197.455 (2026)

Veterans Preference Applied

✓ current as of May 2026

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Subdivision 1.Application.

(a) This section shall govern preference of a veteran under the civil service laws, charter provisions, ordinances, rules or regulations of a county, home rule charter or statutory city, town, school district, or other municipality or political subdivision of this state. Any provision in a law, charter, ordinance, rule or regulation contrary to the applicable provisions of this section is void to the extent of such inconsistency.

(b) Sections 197.46 to 197.481 also apply to a veteran who is an incumbent in a classified appointment in the state civil service and has completed the probationary period for that position, as defined under section 43A.16. In matters of dismissal from such a position, a qualified veteran has the irrevocable option of using the procedures described in sections 197.46 to 197.481, or the procedures provided in the collective bargaining agreement applicable to the person, but not both. For a qualified veteran electing to use the procedures of sections 197.46 to 197.481, the matters governed by those sections must not be considered grievances under a collective bargaining agreement, and if a veteran elects to appeal the dispute through those sections, the veteran is precluded from making an appeal under the grievance procedure of the collective bargaining agreement.

(c) A county, home rule charter or statutory city, town, school district, or other municipality or political subdivision may require a veteran to complete an initial hiring probationary period, as defined under section 43A.16. In matters of dismissal, a veteran employed by a county, home rule charter or statutory city, town, school district, or other municipality or political subdivision is entitled to the same rights and legal protections that state employees receive under paragraph (b).

Subd. 2.Creation.

Recognizing that training and experience in the military services of the government and loyalty and sacrifice for the government are qualifications of merit which cannot be readily assessed by examination, a veteran's preference shall be available to a veteran as defined in section 197.447.

Subd. 3.

[Repealed, 2005 c 95 s 1; 2005 c 156 art 4 s 12]

Subd. 4.Nondisabled veteran's credit.

There shall be added to the competitive open examination rating of a nondisabled veteran, who so elects, a credit of ten points provided that the veteran obtained a passing rating on the examination without the addition of the credit points.

Subd. 5.Disabled veteran's credit.

There shall be added to the competitive open examination rating of a disabled veteran, who so elects, a credit of 15 points provided that the veteran obtained a passing rating on the examination without the addition of the credit points. There shall be added to the competitive promotional examination rating of a disabled veteran, who so elects, a credit of five points provided that (1) the veteran obtained a passing rating on the examination without the addition of the credit points; and (2) the veteran is applying for a first promotion after securing public employment.

Subd. 5a.Teacher hiring.

(a) Any public school under the state's Education Code that chooses at any time to use a 100-point hiring method to evaluate applicants for teaching positions is subject to the requirements of subdivisions 4 and 5 for determining veterans preference points.

(b) Any public school under the state's Education Code opting at any time not to use a 100-point hiring method to evaluate applicants for teaching positions is exempt from the requirements of subdivisions 4 and 5 for determining veterans preference points, but must instead grant to any veteran who applies for a teaching position and who has proper licensure for that position an interview for that position.

Subd. 6.Disabled veteran; definitions.

For the purpose of the preference to be used in securing appointment from a competitive open examination, "disabled veteran" means a person who has a compensable service-connected disability as adjudicated by the United States Veterans Administration, or by the retirement board of one of the several branches of the armed forces, which disability is existing at the time preference is claimed. For purposes of the preference to be used in securing appointment from a competitive promotional examination, "disabled veteran" means a person who, at the time of election to use a promotional preference, is entitled to disability compensation under laws administered by the Veterans Administration for a permanent service-connected disability rated at 50 percent or more.

Subd. 7.Preference for spouses.

A preference available pursuant to this section may be used by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran who because of the disability is unable to qualify.

Subd. 8.Ranking of veterans.

An eligible with a rating augmented by veteran's preference shall be entered on an eligible list ahead of a nonveteran with the same rating.

Subd. 9.Notification.

A governmental agency, when notifying eligibles that they have passed examinations, shall show the final examination ratings and preference credits and shall notify eligibles that they may elect to use veteran's preference to augment passing ratings.

Subd. 10.Rejection; explanation.

If the appointing authority rejects a certified eligible who has received veteran's preference, the appointing authority shall notify the eligible in writing of the reasons for the rejection and file the notice with the appropriate local personnel officer.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1980–2025 · leading case: Winberg v. Univ. of Minnesota, 499 N.W.2d 799 (Minn. 1993).

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Winberg v. Univ. of Minnesota, 499 N.W.2d 799 (Minn. 1993). · cites it 9× “The issue in this consolidated appeal is whether the University of Minnesota is a “political subdivision” of the state to which the Veterans Preference Act, specifically Minn.Stat. §§ 197.455 and 197.46 (1990), ap *800 plies.”

Star Tribune Co. v. Univ. of Minnesota Bd. of Regents, 683 N.W.2d 274 (Minn. 2004). · cites it 4× “In Winberg , while assessing whether the University was a "political subdivision" subject to the Veterans' Preference Act, Minn.Stat. §§ 197.455 and .46 (2002), we explained: [I]n the great majority of laws it passes affecting the University, [the legislature] expressly includes…”

AFSCME Council 96 v. Arrowhead Reg'l Corr. Bd., 356 N.W.2d 295 (Minn. 1984). · cites it 4× “The following language is considered dispositive: "Nothing in section 197.455 or this section shall be construed to apply to * * any person holding a strictly confidential relation to the appointing officer.”

Winberg v. Univ. of Minnesota, 485 N.W.2d 325 (Minn. Ct. App. 1992). · cites it 24× “Under Minn.Stat. § 197.455, the Act applies to *328 a county, city, town, school district, or other municipality or political subdivision of this state.”

Leininger v. City of Bloomington, 299 N.W.2d 723 (Minn. 1980). · cites it 3× “Section 197.455 also provides that “Sections 197.”

Young v. City of Duluth, 386 N.W.2d 732 (Minn. 1986). · cites it 4× “Minn.Stat. § 197.455 (1984), incorporating by reference Minn.”

Ramsey Cnty. Cmty. Human Servs. Dep't v. Davila, 387 N.W.2d 421 (Minn. 1986). · cites it 6× “Minn.Stat. § 197.455 (emphasis added). In Leininger v.”

S. Minnesota Mun. Power Agency v. Schrader, 394 N.W.2d 796 (Minn. 1986). · cites it 4× “We stated that because the pertinent section of the Bloomington Home Rule Charter and the Merit System Rules conflicted with a particular state civil service rule allowing the state civil service board to formulate alternative disciplinary sanctions under Minn.Stat. § 197.455…”

Hall v. City of Champlin, 450 N.W.2d 613 (Minn. Ct. App. 1990). · cites it 15× “Minn.Stat. § 197.455 (1988). The veterans preference is accomplished by adding five points to a non-disabled veteran’s examination score and ten points to the score of a disabled veteran.”

State Ex Rel. Cooper v. Moorhead State Univ., 455 N.W.2d 79 (Minn. Ct. App. 1990). · cites it 4× “See Minn.Stat. § 197.455 (1986). The ALJ discussed the Veterans Preference Act in arriving at her determination of damages.”

Henry v. Metro. Waste Control Comm'n, 401 N.W.2d 401 (Minn. Ct. App. 1987). · cites it 2× “See Minn.Stat. § 197.455 (1984) (“Sections 197.”

Johnson v. Princeton Pub. Utils. Comm'n, 899 N.W.2d 860 (Minn. Ct. App. 2017). · cites it 2× “In Winberg , the supreme court concluded that the University of Minnesota was not a “political subdivision” for purposes of the Minnesota Veterans Preference Act, Minn. Stat. §§ 197.455 ; .46 (1990). 499 N.”

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