HF 871

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

  1.1                          A bill for an act 
  1.2             relating to retirement; providing for certification of 
  1.3             eligibility for disability benefits by a licensed 
  1.4             psychologist; amending Minnesota Statutes 2002, 
  1.5             sections 352.95, subdivision 4; 354.48, subdivisions 
  1.6             4, 6, 6a; 354A.36, subdivisions 4, 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 352.95, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [MEDICAL OR PSYCHOLOGICAL EVIDENCE.] (a) An 
  1.11  applicant shall provide medical or psychological evidence to 
  1.12  support an application for disability benefits.  The director 
  1.13  shall have the employee examined by at least one additional 
  1.14  licensed physician or psychologist designated by the medical 
  1.15  adviser.  The physicians, or psychologists with respect to a 
  1.16  mental impairment, shall make written reports to the director 
  1.17  concerning the employee's disability, including medical opinions 
  1.18  as to whether the employee is disabled within the meaning of 
  1.19  this section.  The director shall also obtain written 
  1.20  certification from the employer stating whether the employee is 
  1.21  on sick leave of absence because of a disability that will 
  1.22  prevent further service to the employer, and as a consequence 
  1.23  the employee is not entitled to compensation from the employer.  
  1.24     (b) If on considering the physicians' or psychologists' 
  1.25  reports and any other evidence supplied by the employee or 
  1.26  others, the medical adviser finds the employee disabled within 
  2.1   the meaning of this section, the advisor shall make appropriate 
  2.2   recommendation to the director in writing, together with the 
  2.3   date from which the employee has been disabled.  The director 
  2.4   shall then determine the propriety of authorizing payment of a 
  2.5   disability benefit as provided in this section.  
  2.6      (c) Unless payment of a disability benefit has terminated 
  2.7   because the employee is no longer disabled, or because the 
  2.8   employee has reached age 65 or the five-year anniversary of the 
  2.9   effective date of the disability benefit, whichever is later, 
  2.10  the disability benefit shall cease with the last payment 
  2.11  received by the disabled employee or which had accrued during 
  2.12  the employee's lifetime.  While disability benefits are paid, 
  2.13  the director has the right at reasonable times to require the 
  2.14  disabled employee to submit proof of the continuance of the 
  2.15  disability claimed.  If any examination indicates to the medical 
  2.16  adviser that the employee is no longer disabled, the disability 
  2.17  payment must be discontinued upon reinstatement to state service 
  2.18  or within 60 days of the finding, whichever is sooner.  
  2.19     Sec. 2.  Minnesota Statutes 2002, section 354.48, 
  2.20  subdivision 4, is amended to read: 
  2.21     Subd. 4.  [DETERMINATION BY THE EXECUTIVE DIRECTOR.] The 
  2.22  executive director shall have the member examined by at least 
  2.23  two licensed physicians or licensed psychologists selected by 
  2.24  the medical adviser.  These physicians, or psychologists with 
  2.25  respect to a mental impairment, shall make written reports to 
  2.26  the executive director concerning the member's disability 
  2.27  including medical opinions as to whether or not the member is 
  2.28  permanently and totally disabled within the meaning of section 
  2.29  354.05, subdivision 14.  The executive director shall also 
  2.30  obtain written certification from the last employer stating 
  2.31  whether or not the member was separated from service because of 
  2.32  a disability which would reasonably prevent further service to 
  2.33  the employer and as a consequence the member is not entitled to 
  2.34  compensation from the employer.  If upon the consideration of 
  2.35  the reports of the physicians or psychologists and any other 
  2.36  evidence presented by the member or others interested therein, 
  3.1   the executive director finds the member totally and permanently 
  3.2   disabled, the executive director shall grant the member a 
  3.3   disability benefit.  The fact that an employee is placed on 
  3.4   leave of absence without compensation because of disability 
  3.5   shall not bar the member from receiving a disability benefit. 
  3.6      Sec. 3.  Minnesota Statutes 2002, section 354.48, 
  3.7   subdivision 6, is amended to read: 
  3.8      Subd. 6.  [REGULAR PHYSICAL EXAMINATIONS.] At least once 
  3.9   each year during the first five years following the allowance of 
  3.10  a disability benefit to any member, and at least once in every 
  3.11  three-year period thereafter, the executive director shall 
  3.12  require the disability beneficiary to undergo a medical 
  3.13  examination by a physician or physicians, or one or more 
  3.14  psychologists with respect to a mental impairment, engaged by 
  3.15  the executive director.  If any examination indicates that the 
  3.16  member is no longer permanently and totally disabled or that the 
  3.17  member is engaged or is able to engage in a substantial gainful 
  3.18  occupation, payments of the disability benefit by the 
  3.19  association shall be discontinued.  The payments shall 
  3.20  discontinue as soon as the member is reinstated to the payroll 
  3.21  following sick leave, but payment may not be made for more than 
  3.22  60 days after physicians engaged by the executive director find 
  3.23  that the person is no longer permanently and totally disabled. 
  3.24     Sec. 4.  Minnesota Statutes 2002, section 354.48, 
  3.25  subdivision 6a, is amended to read: 
  3.26     Subd. 6a.  [MEDICAL ADVISER; DUTIES.] The state 
  3.27  commissioner of health or a licensed physician on the staff of 
  3.28  the department of health designated by the commissioner shall be 
  3.29  the medical adviser of the executive director.  The medical 
  3.30  adviser shall designate licensed physicians, or licensed 
  3.31  psychologists with respect to a mental impairment, who shall 
  3.32  examine applicants for disability benefits.  The medical adviser 
  3.33  shall pass upon all medical reports based on any examinations 
  3.34  performed in order to determine whether a teacher is totally and 
  3.35  permanently disabled as defined in section 354.05, subdivision 
  3.36  14.  The medical adviser shall also investigate all health and 
  4.1   medical statements and certificates by or on behalf of a teacher 
  4.2   in connection with a disability benefit, and shall report in 
  4.3   writing to the director setting forth any conclusions and 
  4.4   recommendations on all matters referred to the medical adviser.  
  4.5      Sec. 5.  Minnesota Statutes 2002, section 354A.36, 
  4.6   subdivision 4, is amended to read: 
  4.7      Subd. 4.  [DETERMINATION OF DISABILITY.] The board of the 
  4.8   teachers retirement fund association shall make the final 
  4.9   determination of the existence of a permanent and total 
  4.10  disability.  The board shall have the coordinated member 
  4.11  examined by at least two licensed physicians or licensed 
  4.12  psychologists who shall be selected by the board.  After making 
  4.13  any required examinations, each physician, or psychologist with 
  4.14  respect to a mental impairment, shall make a written report to 
  4.15  the board concerning the coordinated member, which shall include 
  4.16  a statement of the physician's or psychologist's medical opinion 
  4.17  as to whether or not the member is permanently and totally 
  4.18  disabled within the meaning of section 354A.011, subdivision 
  4.19  14.  The board shall also obtain a written statement from the 
  4.20  school district as to whether or not the coordinated member was 
  4.21  terminated or separated from active employment due to a 
  4.22  disability which is deemed by the district to reasonably prevent 
  4.23  further service by the member to the district and which caused 
  4.24  the coordinated member not to be entitled to further 
  4.25  compensation from the district for services rendered by the 
  4.26  member.  If, after consideration of the reports of the 
  4.27  physicians, or psychologists with respect to a mental 
  4.28  impairment, and any evidence presented by the member or any 
  4.29  other interested parties, the board determines that the 
  4.30  coordinated member is totally and permanently disabled within 
  4.31  the meaning of section 354A.011, subdivision 14, it shall grant 
  4.32  the coordinated member a disability benefit.  The fact that a 
  4.33  member has been placed on a leave of absence without 
  4.34  compensation as a result of the disability shall not operate to 
  4.35  bar a coordinated member from receiving a disability benefit 
  4.36  under this section.  
  5.1      Sec. 6.  Minnesota Statutes 2002, section 354A.36, 
  5.2   subdivision 6, is amended to read: 
  5.3      Subd. 6.  [REQUIREMENT FOR REGULAR PHYSICAL EXAMINATIONS.] 
  5.4   At least once each year during the first five years following 
  5.5   the granting of a disability benefit to a coordinated member by 
  5.6   the board and at least once in every three year period 
  5.7   thereafter, the board shall require the disability benefit 
  5.8   recipient to undergo a medical examination as a condition for 
  5.9   continued entitlement of the benefit recipient to receive a 
  5.10  disability benefit.  The medical examination shall be made at 
  5.11  the place of residence of the disability benefit recipient or at 
  5.12  any other place mutually agreeable to the disability benefit 
  5.13  recipient and the board.  The medical examination shall be made 
  5.14  by a physician or physicians or one or more psychologists 
  5.15  engaged by the board.  The physician or physicians, or 
  5.16  psychologist or psychologists with respect to a mental 
  5.17  impairment, conducting the medical examination shall make a 
  5.18  written report to the board concerning the disability benefit 
  5.19  recipient and the recipient's disability, including a statement 
  5.20  of the physician's or psychologist's medical opinion as to 
  5.21  whether or not the member remains permanently and totally 
  5.22  disabled within the meaning of section 354A.011, subdivision 
  5.23  14.  If the board determines from consideration of the 
  5.24  physician's, or psychologist's with respect to a mental 
  5.25  impairment, written medical examination report that the 
  5.26  disability benefit recipient is no longer permanently and 
  5.27  totally disabled or if the board determines that the benefit 
  5.28  recipient is engaged or is able to engage in a gainful 
  5.29  occupation unless the disability benefit recipient is partially 
  5.30  employed pursuant to subdivision 7, then further disability 
  5.31  benefit payments from the fund shall be discontinued.  The 
  5.32  discontinuation of disability benefits shall occur immediately 
  5.33  if the disability recipient is reinstated to the district 
  5.34  payroll following sick leave and within 60 days of the 
  5.35  determination by the board following the medical examination and 
  5.36  report of the physician or physicians or psychologist or 
  6.1   psychologists engaged by the board that the disability benefit 
  6.2   recipient is no longer permanently and totally disabled within 
  6.3   the meaning of section 354A.011, subdivision 14.