HF 2966

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; modifying provisions 
  1.3             relating to continuing health care for disabled peace 
  1.4             officers and firefighters; amending Minnesota Statutes 
  1.5             2002, section 299A.465, subdivisions 1, 5, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 299A.465, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [OFFICER OR FIREFIGHTER DISABLED IN LINE OF 
  1.11  DUTY.] (a) This subdivision applies when a peace officer or 
  1.12  firefighter suffers a disabling injury that: 
  1.13     (1) results in the officer's or firefighter's retirement or 
  1.14  separation from service; 
  1.15     (2) occurs while the officer or firefighter is acting in 
  1.16  the course and scope of duties performing hazardous duty as a 
  1.17  peace officer or firefighter as determined by the Public 
  1.18  Employees Retirement Association, substantiated by medical and 
  1.19  employer-provided evidence submitted as part of the disability 
  1.20  benefit application process; and 
  1.21     (3) results in the officer or firefighter has been being 
  1.22  approved to receive the officer's or firefighter's duty-related 
  1.23  disability pension; and 
  1.24     (4) in the case of posttraumatic stress disorder or other 
  1.25  mental disorder or illness, occurs as a direct result of the 
  1.26  peace officer having intentionally taken a life or caused great 
  2.1   bodily harm to another person. 
  2.2      (b) The officer's or firefighter's employer shall continue 
  2.3   to provide health coverage for: 
  2.4      (1) the officer or firefighter; and 
  2.5      (2) the officer's or firefighter's dependents if the 
  2.6   officer or firefighter was receiving dependent coverage at the 
  2.7   time of the injury under the employer's group health plan. 
  2.8      (c) The employer is responsible for the continued payment 
  2.9   of the employer's contribution for coverage of the officer or 
  2.10  firefighter and, if applicable, the officer's or firefighter's 
  2.11  dependents on the same basis as other similarly situated active 
  2.12  employees.  Coverage The employer's financial contribution must 
  2.13  continue for the officer or firefighter and, if applicable, the 
  2.14  officer's or firefighter's dependents until the officer or 
  2.15  firefighter reaches the age of 65.  However, coverage for 
  2.16  dependents does not have to be continued after the person is no 
  2.17  longer a dependent., except under the following conditions: 
  2.18     (1) If the disabled officer or firefighter currently 
  2.19  receiving benefits dies from causes unrelated to the officer's 
  2.20  or firefighter's disability retirement before the age of 65, 
  2.21  then the public employer's financial obligation under this 
  2.22  subdivision ceases. 
  2.23     (2) If the disabled officer or firefighter is offered a job 
  2.24  by the employer that is paying the health insurance contribution 
  2.25  and the officer or firefighter is physically able to perform the 
  2.26  job but declines the offer, the employer's financial obligation 
  2.27  under this subdivision ceases.  The job must be in the same or 
  2.28  similar job classification with the same or similar pay grade. 
  2.29     (3) If the disabled officer or firefighter becomes employed 
  2.30  after accepting disability benefits and is offered group health 
  2.31  insurance benefits with the new employer, the previous 
  2.32  employer's financial obligation under this subdivision ceases 
  2.33  until such time as the disabled officer or firefighter is no 
  2.34  longer eligible to receive the group health insurance.  The 
  2.35  disabled officer or firefighter is required to notify the 
  2.36  previous employer of any subsequent eligibility for group health 
  3.1   insurance benefits.  The disabled officer or firefighter must 
  3.2   sign a release if requested by the previous employer to verify 
  3.3   whether the new employer has offered the employee such 
  3.4   benefits.  Failure by the disabled officer or firefighter to 
  3.5   comply with the notice requirement or refusal to sign the 
  3.6   release disqualifies the officer or firefighter from receiving 
  3.7   the previous employer's financial contribution toward health 
  3.8   insurance benefits until such time as the officer or firefighter 
  3.9   complies. 
  3.10     Sec. 2.  Minnesota Statutes 2002, section 299A.465, 
  3.11  subdivision 5, is amended to read: 
  3.12     Subd. 5.  [DEFINITION.] For purposes of this section: 
  3.13     (a) "Peace officer" or "officer" has the meaning given in 
  3.14  section 626.84, subdivision 1, paragraph (c). 
  3.15     (b) "Dependent" means a person who meets the definition of 
  3.16  dependent in section 62L.02, subdivision 11, at the time of the 
  3.17  officer's or firefighter's injury or death.  A person is not a 
  3.18  dependent for purposes of this section during the period of time 
  3.19  the person is covered under another group health plan.  
  3.20     (c) "Firefighter" has the meaning given in Minnesota 
  3.21  Statutes 2000, section 424.03, but does not include volunteer 
  3.22  firefighters. 
  3.23     (d) "Hazardous duty" is a job function that involves the 
  3.24  employee engaging in operating police, firefighter, or paramedic 
  3.25  equipment; arresting or apprehending a suspect or prisoner; 
  3.26  maintaining public order; responding to a 911 call for police or 
  3.27  fire services; administering emergency medical treatment; or 
  3.28  transporting sick and injured persons to medical facilities.  
  3.29  Hazardous duty does not include attending or delivering 
  3.30  training, traveling from home to work or from work to home, 
  3.31  routine patrol, physical fitness activities, caring for a K-9 
  3.32  animal, fire-prevention or crime-prevention activities that do 
  3.33  not involve an actual response to an emergency situation, 
  3.34  routine maintenance of any police or fire equipment or facility, 
  3.35  or office work such as writing or filing reports or working on a 
  3.36  computer. 
  4.1      Sec. 3.  Minnesota Statutes 2002, section 299A.465, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 6.  [NONAPPLICATION.] This section does not apply to 
  4.4   injuries that occurred before June 1, 1997.