HF 3713

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; providing for the amount of duty disability pension for
injured police officers and firefighters; requiring employers to make reasonable
efforts to provide less hazardous duty for injured employees; amending
Minnesota Statutes 2007 Supplement, sections 353.031, by adding a subdivision;
353.656, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 353.031, is amended by
adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Less hazardous duty requirement. new text end

new text begin In addition to the requirements of
subdivision 3, paragraph (f), for members of the public employees police and fire fund, the
employer shall make every reasonable attempt to provide less hazardous duty employment
positions for marginally or less severely disabled police officers in the police department
and firefighters in the fire department with the same compensation, fringe benefits, and
other terms and conditions of employment as the member would have otherwise currently
received as a regularly employed police officer or firefighter, whichever is applicable,
at the same rank and experience.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 353.656, subdivision 1, is
amended to read:

Subdivision 1.

Duty disability; computation of benefits.

(a) A member of the
police and fire plan who is determined to qualify for duty disability as defined in section
353.01, subdivision 41, shall receive disability benefits during the period of such disability
in an amount equal to 60 percent of the average salary as defined in section 353.01,
subdivision 17a new text begin , plus an additional percent specified under section 356.315, subdivision 6,
of that average salary for each year of service in excess of 20 years new text end .

(b) To be eligible for a benefit under paragraph (a), the member must have:

(1) not met the requirements for a retirement annuity under section 353.651,
subdivision 1; or

(2) met the requirements under that subdivision, but does not have at least 20 years
of allowable service credit.

(c) If paragraph (b), clause (2), applies, the disability benefit must be paid for a
period of 60 months from the disability benefit accrual date and at the end of that period
is subject to provisions of subdivision 5a.

(d) If the disability under this subdivision occurs before the member has at least five
years of allowable service credit in the police and fire plan, the disability benefit must be
computed on the average salary from which deductions were made for contribution to
the police and fire fund.