HF 3988

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 02:03pm

A bill for an act
relating to retirement; continuing health insurance coverage for certain former
employees under the correctional employee retirement plan; amending Minnesota
Statutes 2018, section 43A.241.

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

Section 1.

Minnesota Statutes 2018, section 43A.241, is amended to read:

43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.

(a) This section applies to a person who:

(1) was employed by the commissioner of the Department of Corrections or by the
Department of Human Services;

(2) was covered by the correctional employee retirement plan under section 352.91 or
the general state employees retirement plan of the Minnesota State Retirement System as
defined in section 352.021;

(3) while employed under clause (1), was assaulted by:

(i) a person under correctional supervision for a criminal offense; or

(ii) a client or patient at the Minnesota sex offender program, or at a state-operated
forensic services program as defined in section 352.91, subdivision 3j, under the control of
the commissioner of the Department of Human Services; and

(4) as a direct result of the assault under clause (3), was determined to be totally and
permanently physically disabled under laws governing the Minnesota State Retirement
System.

new text begin (b) This section also applies to a person who was employed by the commissioner of
corrections or human services and was covered by the correctional employee retirement
plan under section 352.91, subdivision 1:
new text end

new text begin (1) who is determined to qualify for a duty disability, physical or psychological, as
defined in section 352.01, subdivision 17b; or
new text end

new text begin (2) who: (i) does not qualify to receive disability benefits by operation of the eligibility
requirements under section 352.95, subdivision 1, or retires pursuant to section 352.93,
subdivision 2a; (ii) has discontinued employment as a correctional employee as a result of
a disabling injury; and (iii) has been determined by the Minnesota State Retirement System
to have otherwise met the duty disability criteria set forth in section 352.01, subdivision
17b.
new text end

new text begin (c) A determination made on behalf of a correctional employee described in paragraph
(b), clause (2), must be at the request of the correctional employee made for the purposes
of this section. Determinations made in accordance with paragraph (b) are binding on the
correctional employee, employer, and state. The determination must be made by the executive
director of the Minnesota State Retirement System and is not subject to section 356.96,
subdivision 2. Upon making a determination in accordance with paragraph (b), the executive
director shall provide written notice to the correctional employee and the employer. This
notice must include:
new text end

new text begin (1) a written statement of the reasons for the determination;
new text end

new text begin (2) a notice that the person may petition for a review of the determination by requesting
that a contested case be initiated before the Office of Administrative Hearings, the cost of
which must be borne by the correctional employee and the employer; and
new text end

new text begin (3) a statement that any person who does not petition for a review within 60 days is
precluded from contesting issues determined by the executive director in any other
administrative review or court procedure.
new text end

new text begin If, prior to the contested case hearing, additional information is provided to support the
claim for a duty disability, physical or psychological, as defined in section 352.01,
subdivision 17b, the executive director may reverse the determination without the requested
hearing. If a hearing is held before the Office of Administrative Hearings, the determination
rendered by the judge conducting the fact-finding hearing is a final decision and order under
section 14.62, subdivision 2a, and is binding on the applicable executive director, the
correctional employee, employer, and state. Review of a final determination made by the
Office of Administrative Hearings under this section may only be obtained by writ of
certiorari to the Minnesota Court of Appeals under sections 14.63 to 14.68. Only the
correctional employee, employer, and state have standing to participate in a judicial review
of the decision of the Office of Administrative Hearings.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end For a person to whom this section applies, the commissioner of the Department
of Corrections or the commissioner of the Department of Human Services, using existing
budget resources, must continue to new text begin provide health coverage for the former employee and
must continue to new text end make the employer contribution for medical and dental benefits under the
State Employee Group Insurance Program after the person terminates state service. If the
person had dependent coverage at the time of terminating state service new text begin or at the time of the
injury under the employer's group health plan new text end , new text begin dependent coverage and new text end employer
contributions for dependent coverage also must continue under this section. The employer
contributions must be in the amount of the employer contribution for active state employees
at the time each payment is made. The employer contributions must continue until the person
reaches new text begin or, if the person is deceased, would have reached new text end age 65, provided the person makes
the required employee contributions, in the amount required of an active state employee,
at the time and in the manner specified by the commissioner. new text begin However, coverage for a
dependent does not have to be continued after the person is no longer a dependent.
new text end