Minnesota Legislature
HF 4326
as introduced - 90th Legislature (2017 - 2018) Posted on 04/12/2018 04:46pm
Current Version - as introduced
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A bill for an act
relating to public safety; expanding eligibility for continued health insurance
coverage for public safety employees disabled or killed in the line of duty to include
correctional officers; appropriating money; amending Minnesota Statutes 2016,
sections 299A.42; 299A.465, subdivisions 1, 2, 3, 4, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 299A.42, is amended to read:
299A.42 PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.
The public safety officer's benefit account is created in the state treasury. Money in the
account consists of money transferred and appropriated to that account. Money in the account
that is not expended in the fiscal year in which it is transferred or appropriated does not
revert to the general fund until claims for reimbursement under section 299A.465 that are
submitted in that fiscal year are either paid or denied.new text begin A sum sufficient to discharge the
duties imposed by section 299A.465 is annually appropriated from the general fund to the
account.
new text end
Sec. 2.
Minnesota Statutes 2016, section 299A.465, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Officer or firefighterdeleted text end new text begin Public safety employees new text end disabled in line of duty.
(a) This subdivision applies to any deleted text begin peace officer or firefighterdeleted text end new text begin public safety employeenew text end :
(1) who the new text begin executive director of the new text end Public Employees Retirement Association
new text begin determines is eligible to receive a duty disability benefit pursuant to section 353.656 or
353E.06, subdivision 1, new text end or the new text begin executive director of the new text end Minnesota State Retirement System
determines is eligible to receive a duty disability benefit pursuant to section deleted text begin 353.656deleted text end new text begin 352.95,
subdivision 1, new text end or 352B.10, subdivision 1deleted text begin , respectivelydeleted text end ; or
(2) whonew text begin has discontinued public service as a result of a disabling injury that was
determined by the executive director of the Public Employees Retirement Association to
have met the duty disability criteria set forth in section 353.01, subdivision 41, and satisfies
at least one of the following:
new text end
(i) does not qualify to receive disability benefits by operation of the eligibility
requirements set forth in section 353.656, subdivision 1, paragraph (b)deleted text begin ,deleted text end new text begin ;
new text end
(ii) retires pursuant to section 353.651, subdivision 4deleted text begin ,deleted text end new text begin ;new text end or
(iii) is a member of a local police or salaried firefighters relief association and qualifies
for a duty disability benefit under the terms of deleted text begin plans of the relief associations, and the peace
officer or firefighter described in item (i), (ii), or (iii) has discontinued public service as a
peace officer or firefighter as a result of a disabling injury and has been determined, by the
Public Employees Retirement Association, to have otherwise met the duty disability criteria
set forth in section 353.01, subdivision 41deleted text end new text begin the plan of the relief associationnew text end .
(b) A determination deleted text begin made on behalf of a peace officer or firefighterdeleted text end described in paragraph
(a), clause (2), must deleted text begin bedeleted text end new text begin have been made new text end at the request of the deleted text begin peace officer or firefighter
madedeleted text end new text begin public safety employee new text end for the purposes of this section. deleted text begin Determinationsdeleted text end new text begin A determination
new text end made in accordance with paragraph (a) deleted text begin aredeleted text end new text begin is new text end binding on the deleted text begin peace officer or firefighterdeleted text end new text begin
public safety employeenew text end , employer, and statedeleted text begin . The determination must be made by the
executive director of the Public Employees Retirement Association or by the executive
director of the Minnesota State Retirement System, whichever applies,deleted text end and is not subject
to section 356.96, subdivision 2. Upon making a determination, the executive director shall
provide written notice to the deleted text begin peace officer or firefighterdeleted text end new text begin public safety employee new text end and the
employer. This notice must include:
(1) a written statement of the reasons for the determination;
(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 deleted text begin peace officer or firefighterdeleted text end new text begin public safety employee new text end and the
employer; and
(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.
If, prior to the contested case hearing, additional information is provided to support the
claim for duty disability as defined in section 352B.011, subdivision 7, or 353.01, subdivision
41, whichever applies, 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 deleted text begin peace officer or firefighterdeleted text end new text begin public safety employeenew text end , 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 deleted text begin peace officer or firefighterdeleted text end new text begin public safety employeenew text end , employer, and
state have standing to participate in a judicial review of the decision of the Office of
Administrative Hearings.
(c) The deleted text begin officer's or firefighter'sdeleted text end new text begin public safety employee's new text end employer shall continue to
provide health coverage for:
(1) the deleted text begin officer or firefighterdeleted text end new text begin public safety employeenew text end ; and
(2) deleted text begin the officer's or firefighter's dependents if the officer or firefighterdeleted text end new text begin any dependent of
the public safety employee who new text end was receiving dependent coverage at the time of the injury
under the employer's group health plan.
(d) The employer is responsible for the continued payment of the employer's contribution
for coverage of the deleted text begin officer or firefighterdeleted text end new text begin public safety employee new text end and, if applicable, the
deleted text begin officer's or firefighter'sdeleted text end new text begin public safety employee's new text end dependents. Coverage must continue for
the deleted text begin officer or firefighterdeleted text end new text begin public safety employee new text end and, if applicable, the deleted text begin officer's or firefighter'sdeleted text end
new text begin public safety employee's new text end dependents until the deleted text begin officer or firefighterdeleted text end new text begin public safety employee
new text end reaches or, if deceased, would have reached the age of 65. However, coverage for dependents
does not have to be continued after the person is no longer a dependent.
Sec. 3.
Minnesota Statutes 2016, section 299A.465, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Officerdeleted text end new text begin Public safety employee new text end or new text begin volunteer new text end firefighter killed in line of
duty.
(a) This subdivision applies when a deleted text begin peace officer, firefighter,deleted text end new text begin public safety employee
new text end or volunteer firefighter is killed while on duty and discharging the deleted text begin officer's, firefighter's, or
volunteer firefighter'sdeleted text end duties deleted text begin asdeleted text end new text begin of new text end a peace officer, firefighter, new text begin correctional officer, new text end or volunteer
firefighternew text begin , as applicablenew text end .
(b) The deleted text begin officer'sdeleted text end new text begin public safety employee's new text end or new text begin volunteer new text end firefighter's employer shall
continue to cover the deleted text begin deceased officer'sdeleted text end new text begin public safety employee's new text end or new text begin volunteer new text end firefighter's
dependents, including deleted text begin the officer's or firefighter'sdeleted text end new text begin a new text end spouse:
(1) if the deleted text begin officer, firefighter, or volunteer firefighter wasdeleted text end new text begin dependents had been new text end receiving
dependent coverage deleted text begin at the time of the officer's, firefighter's, or volunteer firefighter's deathdeleted text end
under the employer's group health plannew text begin at the time of the public safety employee's or volunteer
firefighter's deathnew text end ; or
(2) if the deleted text begin officer's, firefighter's, or volunteer firefighter'sdeleted text end spouse was not covered as a
dependent at the time of the deleted text begin officer's, firefighter's,deleted text end new text begin public safety employee's new text end or volunteer
firefighter's death, but at that time was eligible, or afterward becomes eligible, to be a
dependent on the employer's group health plan.
(c) The employer is responsible for the employer's contribution for the coverage of the
deleted text begin officer's, firefighter's,deleted text end new text begin public safety employee's new text end or volunteer firefighter's dependents. Subject
to subdivision 5, paragraph (b), clause (2), coverage must continue for a dependent deleted text begin of the
officer, firefighter, or volunteer firefighterdeleted text end as follows:
(1) for a surviving spouse, until the surviving spouse reaches the age of 65; and
(2) for each other dependent, until the dependent reaches the age of 26, except as
otherwise provided in section 62L.02, subdivision 11.
Sec. 4.
Minnesota Statutes 2016, section 299A.465, subdivision 3, is amended to read:
Subd. 3.
Coordination of benefits.
Health insurance benefits payable to the deleted text begin officerdeleted text end
new text begin public safety employee new text end or new text begin volunteer new text end firefighter deleted text begin and the officer's or firefighter's dependentsdeleted text end
from any other source provide the primary coverage, and coverage available under this
section is secondary.
Sec. 5.
Minnesota Statutes 2016, section 299A.465, subdivision 4, is amended to read:
Subd. 4.
Public employer reimbursement.
A public employer subject to this section
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement to deleted text begin helpdeleted text end defray deleted text begin a portion ofdeleted text end its costs of complying with this section.
The commissioner shall provide deleted text begin an equal pro rata share to the public employerdeleted text end new text begin reimbursement
new text end out of the public safety officer's benefit account deleted text begin based on the availability of funds for each
eligible officer, firefighter, and qualifying dependents. Individual sharesdeleted text end new text begin established under
section 299A.42. The reimbursement amount new text end must not exceed the new text begin public employer's new text end actual
costs of providing coverage under this section by a public employer.
Sec. 6.
Minnesota Statutes 2016, section 299A.465, subdivision 5, is amended to read:
Subd. 5.
Definition.
For purposes of this section:
(a) "new text begin Public safety employee" means:
new text end
new text begin (1) a new text end peace officerdeleted text begin " or "officer" has the meaning given indeleted text end new text begin as defined in new text end section 626.84,
subdivision 1, paragraph (c)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) a full-time firefighter as defined in section 299N.03, subdivision 5; and
new text end
new text begin
(3) a correctional officer as defined in section 241.026, subdivision 1, paragraph (b).
new text end
(b) "Dependent" means a person who: (1) meets the definition of dependent in section
62L.02, subdivision 11, at the time of the deleted text begin officer's or firefighter'sdeleted text end new text begin public safety employee's
new text end injury or death, or at the time of the volunteer firefighter's death; and (2) is not covered
under another group health plan. For purposes of deleted text begin thisdeleted text end new text begin applying new text end sectionnew text begin 62L.02, subdivision
11new text end , the term "eligible employee" deleted text begin as defined under section 62L.02, subdivision 13, includesdeleted text end
new text begin means a public safety employee or new text end a volunteer firefighter.
deleted text begin
(c) "Firefighter" has the meaning given in Minnesota Statutes 2000, section 424.03, but
does not include volunteer firefighters.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end "Volunteer firefighter" has the meaning given in section 299N.03, subdivision
7, and includes paid per call.
deleted text begin (e)deleted text end new text begin (d) new text end "Fire department" has the meaning given in section 299N.03, subdivision 4.
deleted text begin (f)deleted text end new text begin (e) new text end For purposes of subdivisions 2 to 5a, "employer" includes a municipality or
municipalities that operate the fire department in which a volunteer firefighter serves.
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 6 are effective July 1, 2018.
new text end