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HF 1234

2nd Unofficial Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/08/2023 10:13am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor; modifying peace officer and firefighter duty disability provisions;
requiring a report; appropriating money; amending Minnesota Statutes 2022,
sections 299A.42; 299A.465, subdivision 4; 352B.011, subdivision 10, by adding
a subdivision; 352B.10, subdivisions 1, 2a, 4, by adding a subdivision; 352B.101;
352B.105, subdivision 1; 353.01, subdivision 47; 353.031, subdivisions 1, 3, 4, 8,
9; 353.335; 353.656, subdivisions 1, 1a, 1b, 3, 3a, 4, 6a, 10; proposing coding for
new law in Minnesota Statutes, chapters 352B; 353; 626; repealing Minnesota
Statutes 2022, section 353.656, subdivisions 2, 2a.

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

Section 1.

Minnesota Statutes 2022, section 299A.42, is amended to read:


299A.42 PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.

new text begin Subdivision 1. new text end

new text begin Public safety officer's benefit account. new text end

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 Subd. 2. new text end

new text begin Annual report. new text end

new text begin The commissioner of public safety must annually report, no
later than 30 days after the end of each fiscal year, to the chairs and ranking minority
members of the legislative committees with jurisdiction over public safety and pensions
regarding the financial status of the public safety officer's benefit account; the reimbursements
paid by the commissioner during the preceding fiscal year under sections 299A.465,
352B.102, and 353.032; and payments, if any, made during the preceding fiscal year under
sections 352B.103 and 353.033. If the commissioner anticipates, based on historical averages,
that the public safety officer's benefit account will not have enough money to fund all
reimbursements the commissioner reasonably anticipates will be requested under sections
299A.465, 352B.102, and 353.032 and payments for which invoices will be received under
sections 352B.103 and 353.033 for the current and next fiscal year, the commissioner must
include in the report the amounts the commissioner believes are necessary to fund the
anticipated reimbursements and payments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 299A.465, subdivision 4, is amended to read:


Subd. 4.

Public employer reimbursement.

new text begin(a) new text endA public employer deleted text beginsubject to this sectiondeleted text end
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement deleted text beginto help defray a portiondeleted text end of its costs of complying with this sectionnew text begin
and sections 352B.102 and 353.032
new text end. new text beginExcept as provided for in paragraph (b), new text endthe
commissioner shall provide deleted text beginan equal pro rata sharedeleted text end new text beginreimbursement new text endto the public employer
out of the public safety officer's benefit accountnew text begin.new text end deleted text beginbased on the availability of funds for each
eligible officer, firefighter, and qualifying dependents. Individual shares must not exceed
the actual costs of providing coverage under this section by a public employer.
deleted text end

new text begin (b) Beginning on January 1, 2024, a public employer is not eligible for reimbursement
under paragraph (a) unless the employer provides at least one of the following:
new text end

new text begin (1) annual wellness training to peace officers and firefighters who either are employed
or volunteer for the employer; or
new text end

new text begin (2) an employee assistance program or peer support program.
new text end

new text begin (c) Wellness training for peace officers under paragraph (b), clause (1), must incorporate
the learning objectives established by the Peace Officer Standards and Training Board under
section 626.8478. No later than February 1, 2024, the Minnesota Fire Initiative must create
a wellness training program for public employers to offer to firefighters to satisfy the
requirements of paragraph (b). Training programs established in the Hometown Heroes
Assistance Program under section 299A.477, subdivision 2, clause (4), satisfy the
requirements of paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 352B.011, subdivision 10, is amended to read:


Subd. 10.

Member.

"Member" means:

(1) a State Patrol member currently employed under section 299D.03 by the state, who
is a peace officer under section 626.84, and whose salary or compensation is paid out of
state funds;

(2) a conservation officer employed under section 97A.201, currently employed by the
state, whose salary or compensation is paid out of state funds;

(3) a crime bureau officer who was employed by the crime bureau and was a member
of the Highway Patrolmen's retirement fund on July 1, 1978, whether or not that person has
the power of arrest by warrant after that date, or who is employed as police personnel, with
powers of arrest by warrant under Minnesota Statutes 2009, section 299C.04, and who is
currently employed by the state, and whose salary or compensation is paid out of state funds;

(4) a public safety employee who is a peace officer under section 626.84, subdivision
1
, paragraph (c), and who is employed by the Division of Alcohol and Gambling Enforcement
under section 299L.01;

(5) a Fugitive Apprehension Unit officer after October 31, 2000, who is employed by
the Office of Special Investigations of the Department of Corrections and who is a peace
officer under section 626.84;

(6) an employee of the Department of Commerce defined as a peace officer in section
626.84, subdivision 1, paragraph (c), who is employed by the Commerce Fraud Bureau
under section 45.0135 after January 1, 2005, and who has not attained the mandatory
retirement age specified in section 43A.34, subdivision 4; deleted text beginand
deleted text end

(7) an employee of the Department of Public Safety, who is a licensed peace officer
under section 626.84, subdivision 1, paragraph (c), and is employed as the statewide
coordinator of the Violent Crime Coordinating Councildeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) an individual who is a member under any of clauses (1) to (7) on the date the
individual applies for duty disability benefits based on a psychological condition under
section 352B.102 continues to be a member even if the individual is later transferred to or
accepts employment with the individual's employing entity in a position that is not a position
described in clauses (1) to (7).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2022, section 352B.011, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Total and permanent duty disability. new text end

new text begin "Total and permanent duty disability"
means a physical or psychological condition that is expected to prevent a member, for a
period of not less than 12 months, from engaging in any substantial gainful activity and that
is the direct result of great bodily harm incurred during the performance of duties that are
specific to protecting the property and personal safety of others and that present inherent
dangers specific to the positions covered by the State Patrol retirement fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2022, section 352B.10, subdivision 1, is amended to read:


Subdivision 1.

Duty disability.

new text begin(a) new text endA member who is determined to qualify for duty
disability as defined in section 352B.011, subdivision 7, is entitled to receive a duty disability
benefit while disabled. The benefits must be paid monthly. The duty disability benefit is an
amount equal to the member's average monthly salary multiplied by 60 percent, plus an
additional 3.0 percent for each year and pro rata for completed months of service in excess
of 20 years, if any.

new text begin (b) Notwithstanding paragraph (a), if the member has applied for a duty disability based
on a psychological condition, the application must be supported by evidence that the applicant
is unable to perform the duties of the position held by the applicant on the date of the injury
or event or the onset of the mental illness or of another position with the employer which
provides salary and employer-provided benefits, including pension benefits, that are equal
to or greater than those for the position held by the employee on the date of the injury, event,
or onset of the mental illness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

Minnesota Statutes 2022, section 352B.10, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Total and permanent duty disability new text end

new text begin (a) A member who is determined to
qualify for a total and permanent duty disability as defined in section 352B.011, subdivision
14, is entitled to receive a monthly disability benefit in an amount equal to 99 percent of
the member's average monthly salary.
new text end

new text begin (b) The benefit of a member receiving a total and permanent duty disability benefit
whose condition is found to no longer qualify as a total and permanent duty disability but
whose condition continues to qualify as a duty disability under section 352B.011, subdivision
7, must be recalculated as a duty disability benefit under subdivision 1. Payment of the total
and permanent duty disability benefit must cease following the last monthly payment
occurring before 60 days after the executive director notifies the member that the member
is no longer eligible for total and permanent duty disability benefits. Payment of the
recalculated duty disability benefit must commence on the first day of the month following
60 days after the notice by the executive director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2022, section 352B.10, subdivision 2a, is amended to read:


Subd. 2a.

Applying for benefits; accrual.

No application for disability benefits shall
be made until after the last day physically on the job. The disability benefit begins to accrue
the day following the last day for which the employee is paid sick leave or annual leave but
not earlier than 180 days before the date the application is filed. A member who is terminated
must file a written application in an office of the system or with a person authorized by the
executive director. new text beginExcept as otherwise specified under section 352B.102, new text endapplications must
comply with section 352.113, subdivision 2, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 8.

Minnesota Statutes 2022, section 352B.10, subdivision 4, is amended to read:


Subd. 4.

Proof of disability.

(a) No disability benefits may be paid unless the member
provides adequate proof to the executive director of the existence of the disability.

(b) Adequate proof of a disability must include a written expert report by a licensed
physician, an APRN, or a licensed chiropractor, or with respect to a mental impairment, by
a licensed psychologist.new text begin Adequate proof of a disability based on a psychological condition,
as defined under section 352B.102, subdivision 1, clause (6), must include the medical
reports and assessments required under section 352B.102.
new text end

(c) Following the commencement of benefit payments, the executive director has the
right, at reasonable times, to require the disability benefit recipient to submit proof of the
continuance of the disability claimed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2022, section 352B.101, is amended to read:


352B.101 APPLICATION FOR DISABILITY BENEFIT.

new text begin (a) Except as otherwise specified under section 352B.102 and paragraph (b), new text enda member
claiming a disability benefit must file a written application for benefits in the office of the
system in a form and manner prescribed by the executive director. The member shall provide
medical or psychological evidence to support the application. The benefit begins to accrue
the day following the start of disability or the day following the last day for which the
member was paid, whichever is later, but not earlier than 180 days before the date the
application is filed with the executive director.

new text begin (b) Notwithstanding any law to the contrary, an employee, as defined in section 352B.102,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 352B.102, subdivision 1, clause (6), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional procedure,
including all completion of treatment requirements under section 352B.102.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 10.

new text begin [352B.102] APPLICATION FOR PSYCHOLOGICAL CONDITION
TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "mental illness" means the diagnosis of a mental illness by a mental health
professional, by meeting the criteria for a condition or conditions included in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association;
new text end

new text begin (2) "employee" means an individual diagnosed with a mental illness who is a:
new text end

new text begin (i) current member under section 352B.011, subdivision 10; or
new text end

new text begin (ii) former member under section 352B.011, subdivision 10, within 18 months of
termination of employment;
new text end

new text begin (3) "employing entity" means the entity that pays a state employee's salary and remits
retirement contributions;
new text end

new text begin (4) "mental health professional" has the meaning given in section 245I.02, subdivision
27;
new text end

new text begin (5) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
new text end

new text begin (6) "psychological condition" means a mental illness as defined in clause (1); and
new text end

new text begin (7) "treatment" includes but is not limited to active participation in psychological,
psychopharmaceutical, and functional neurological approaches and active participation in
the International Association of Fire Fighters Center of Excellence for Behavioral Health
Treatment and Recovery. Treatment includes utilization of multiple treatment modalities,
including chemical dependency treatment when indicated, and evidence-based trauma
treatment.
new text end

new text begin Subd. 2. new text end

new text begin Application; dual diagnosis. new text end

new text begin (a) Notwithstanding any law to the contrary, and
except as provided in paragraph (b), the procedure in this section applies to an application
for a duty disability by an employee based on the employee's psychological condition.
new text end

new text begin (b) The additional procedure in this section does not apply to a duty disability application
under paragraph (a) that is also based on a dual diagnosis of a physical condition. An
employee with a dual diagnosis may, but is not required to, seek treatment under subdivisions
4 and 7, subject to the procedure in this section.
new text end

new text begin Subd. 3. new text end

new text begin Approval. new text end

new text begin (a) An employee who applies for treatment of a psychological
condition that was a result of the performance of duties related to the employee's occupation
must receive approval for psychological treatment as provided under this subdivision.
new text end

new text begin (b) The executive director shall grant approval to an employee who submits, in the form
and manner specified by the executive director:
new text end

new text begin (1) a report by a mental health professional diagnosing the employee with a mental
illness and finding that the employee is currently unable to perform the normal duties of
the position held by the employee on the date of the injury, event, or onset of the mental
illness on a full- or part-time basis; and
new text end

new text begin (2) documentation from the employer certifying the dates the employee was on duty in
a position covered under the State Patrol plan.
new text end

new text begin (c) An employee who receives approval under this subdivision is not considered disabled
for the purposes of a duty disability under section 352B.10, unless the employee completes
the additional requirements under this section, receives final confirmation under subdivision
6, and applies for disability benefits under section 352B.101 before receiving duty disability
benefits or related benefits.
new text end

new text begin (d) Within six business days after the application has been received by the executive
director, the executive director must notify an employing entity electronically and by mail
that an application for treatment of a psychological condition has been submitted by an
employee and request the certification required under paragraph (b), clause (2), from the
employing entity.
new text end

new text begin (e) An employer shall submit the certification required under paragraph (b), clause (2),
within five business days of an employee's application, and the employee shall receive
approval no later than 14 business days after the employee's application is received by the
executive director, whether or not the employer's certification has been submitted. Nothing
in this paragraph shall delay the treatment of the psychological condition of the employee.
new text end

new text begin Subd. 4. new text end

new text begin Treatment required. new text end

new text begin (a) Except as provided in paragraph (f), an employee
who receives approval under subdivision 3 shall complete up to 24 consecutive weeks of
active treatment modalities for the employee's diagnosed mental illness, as provided under
this subdivision, before a final confirmation can be made under subdivision 6, paragraph
(a). An employee's treatment shall be at the direction of a mental health professional using
treatment modalities indicated for the treatment of the diagnosed mental illness. An employee
shall not be penalized for an interruption in active, consecutive treatment that is not initiated
by or resulting from an intentional action of the employee. Subject to the limit under
subdivision 9, the employing entity shall pay for the treatment costs to the extent not paid
for by the employee's health insurance and may seek reimbursement from the commissioner
of public safety.
new text end

new text begin (b) The employee's mental health professional must assess the employee's progress in
treatment monthly and at the end of the 24 weeks or earlier, including any change to the
employee's ability to return to the position held by the employee on the date of the injury,
event, or onset of the mental illness, or to another position with the employing entity which
provides salary and employing entity-provided benefits, including pension benefits, that
are equal to or greater than those for the position held by the employee on the date of the
injury, event, or onset of the mental illness. A final confirmation under subdivision 6 must
be supported by a report from the employee's mental health provider containing an opinion
about the employee's prognosis, the duration of the disability, and the expectations for
improvement following the treatment. A report that does not contain and support a finding
that the employee's disability as a result of a psychological condition will last for at least
12 months must not be relied upon to support approval of duty disability benefits.
new text end

new text begin (c) The employee may return to full- or part-time work prior to the completion of the
24 weeks of treatment if the employee's mental health professional determines that the
employee is medically able to do so.
new text end

new text begin (d) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the 24 weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employing entity's
approval.
new text end

new text begin (e) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (c) or (d), except as provided under subdivision 10.
new text end

new text begin (f) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 5. new text end

new text begin Continuation of salary and benefits. new text end

new text begin (a) Subject to subdivision 9, for the
period that an employee is seeking psychological condition treatment approval under
subdivision 3 or 6, appealing a determination thereof, or receiving treatment under
subdivision 4 or 7, the employing entity shall continue:
new text end

new text begin (1) to pay, for a current employee only, the employee's full salary and employing
entity-provided benefits, including any employing entity contribution to health care and
retirement benefits. The employing entity must proportionally reduce the salary paid to an
employee who is otherwise receiving benefits for the disability that provide compensation
for all or a portion of the employee's salary for the same time period. Nothing in this
paragraph requires an employing entity to pay more than 100 percent of the employee's
salary;
new text end

new text begin (2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury, event, or onset
of the mental illness under the employing entity's group health plan; and
new text end

new text begin (3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
new text end

new text begin (b) The treatment period required under subdivision 4 or 7 is allowable service under
section 352B.011, subdivision 3.
new text end

new text begin (c) Nothing in this section prevents an employing entity from providing benefits in
addition to those required by this section or otherwise affects an employee's rights with
respect to any other employment benefit.
new text end

new text begin (d) If an employee is unable to receive treatment through the prescribed treatment
program due to circumstances beyond the employee's control, which includes but is not
limited to a lack of availability of a mental health facility or a mental health professional,
the employee shall continue to receive their regular compensation, benefits, and retirement
service credits until such mental health facility or mental health professional becomes
available to the employee for their treatment program. The continuation of salary and benefits
allowed under this paragraph must not exceed 30 days beyond the day treatment is prescribed,
except that the continuation of benefits and salary may be extended beyond 30 days if written
documentation from the mental health facility or mental health professional providing the
treatment start date is submitted by the employee to the executive director and the employer.
new text end

new text begin Subd. 6. new text end

new text begin Termination or continuation of psychological condition treatment. new text end

new text begin (a)
Following completion of treatment under subdivision 4, the executive director shall confirm
the treatment requirements are satisfied and make one of the following determinations:
new text end

new text begin (1) continue the approval for an additional eight weeks for the employee to complete
additional treatment, as provided under subdivision 7;
new text end

new text begin (2) terminate the psychological condition treatment because the employee is:
new text end

new text begin (i) able to return to full-time work in the position held by the employee on the date of
the injury, event, or onset of the mental illness; or
new text end

new text begin (ii) able to return to another vacant full-time position with the employer which provides
salary and employer-provided benefits, including pension benefits, that are equal to or
greater than those for the position held by the employee on the date of the injury, event, or
onset of the mental illness, as certified by the employer in the form and manner specified
by the executive director; or
new text end

new text begin (3) confirm the employee has met the requirements under this section, after which the
employee may apply for a duty disability benefit under section 352B.10.
new text end

new text begin (b) After confirmation and application under paragraph (a), clause (3), the executive
director must approve the employee's application for disability benefits if the employee is
eligible under sections 352B.10 and 352B.101, at which time the employee is entitled to
receive disability benefits as provided under section 352B.10 and any related benefits. The
disability benefit begins to accrue the day following the day on which the employer ceases
to continue salary and benefits under subdivision 5 or the date permitted under section
352B.10, subdivision 2a, whichever is later.
new text end

new text begin (c) Following completion of the additional treatment requirements under subdivision 7,
if applicable, the executive director must confirm the additional treatment requirements are
satisfied, after which, the employee may apply for disability benefits. The executive director
must approve the employee's application for disability benefits if the employee is eligible
under sections 352B.10 and 352B.101, at which time the employee is entitled to receive
disability benefits as provided under section 352B.10 and any related benefits. The disability
benefit begins to accrue the day following the day on which the employer ceases to continue
salary and benefits under subdivision 5 or the date permitted under section 352B.10,
subdivision 2a, whichever is later.
new text end

new text begin (d) A fitness for duty presumption shall apply to an employee who is determined able
to return to work as provided under paragraph (a), clause (2), except as provided under
subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Additional treatment. new text end

new text begin (a) Except as provided in paragraph (g), if, after
completing the treatment required under subdivision 4, the mental health professional's
report determines that the employee is making progress in treatment, and the employee's
prognosis is expected to further improve with additional treatment, the executive director
shall continue the employee's initial approval under subdivision 6, paragraph (a), clause
(1), and the employee shall complete up to an additional eight consecutive weeks of active
treatment modalities as provided under this subdivision.
new text end

new text begin (b) Treatment shall be at the direction of a mental health professional using treatment
modalities indicated for the treatment of the employee's diagnosed mental illness. An
employee shall not be penalized for an interruption in active, consecutive treatment that is
not initiated by or resulting from an intentional action of the employee. Subject to subdivision
9, the employing entity shall pay for the treatment costs to the extent not paid for by the
employee's health insurance and may seek reimbursement from the commissioner of public
safety.
new text end

new text begin (c) The employee's mental health professional must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of the injury, event, or onset of the mental
illness, or to another position with the employing entity which provides salary and employing
entity-provided benefits, including pension benefits, that are equal to or greater than those
for the position held by the employee on the date of the injury, event, or onset of the mental
illness. A final confirmation under subdivision 6, paragraph (c), must be supported by an
updated report from the employee's mental health provider containing an opinion about the
employee's prognosis, the duration of the disability, and the expectations for improvement
following the additional treatment. An updated report that does not contain and support a
finding that the employee's disability as a result of a psychological condition will last for
at least 12 months must not be relied upon to support approval of duty disability benefits.
new text end

new text begin (d) The employee may return to full- or part-time work prior to the completion of the
eight weeks of treatment if the employee's mental health professional determines that they
are medically able to do so.
new text end

new text begin (e) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the eight weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employing entity's
approval.
new text end

new text begin (f) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (d) or (e), except as provided under subdivision 10.
new text end

new text begin (g) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 8. new text end

new text begin Treatment data. new text end

new text begin A "health record," as defined by section 144.291, subdivision
2, paragraph (c), arising from treatment sought under this section is classified as private
data on individuals, as defined by section 13.02, subdivision 12, and must not be accessed
by, shared with, or disclosed or disseminated to any individual, private entity, or government
entity, including through discovery, search warrant, or subpoena, in any type of investigation
or legal action.
new text end

new text begin Subd. 9. new text end

new text begin Employing entity reimbursement; limit. new text end

new text begin (a) Except as provided in paragraph
(c), an employing entity subject to this section may annually apply by August 1 for the
preceding fiscal year to the commissioner of public safety for reimbursement of:
new text end

new text begin (1) the treatment costs incurred by the employing entity under subdivision 4 or 7; and
new text end

new text begin (2) the costs incurred to continue salary and benefits as required under subdivision 5.
new text end

new text begin (b) An employing entity must apply for the reimbursement in the form and manner
specified by the commissioner of public safety.
new text end

new text begin (c) No employing entity shall be required to pay for the salary, benefits, and treatment
costs required under subdivisions 4, 5, and 7 for a single employee more than three times
in ten years.
new text end

new text begin Subd. 10. new text end

new text begin Fitness for duty presumption. new text end

new text begin (a) An employee who is cleared or determined
able to return to work or light duty under subdivision 4, paragraph (e); 6, paragraph (c); or
7, paragraph (f), is presumed fit for duty, except as follows:
new text end

new text begin (1) an employing entity may request a fitness for duty exam by an independent medical
provider if the exam is completed within six weeks of the employing entity receiving the
determination from the treating mental health professional, and the independent medical
provider's report is completed no more than six weeks later;
new text end

new text begin (2) an employee found unfit for duty by an independent medical provider under clause
(1):
new text end

new text begin (i) is presumed eligible for a duty disability, as provided under subdivision 6, paragraph
(a), clause (3); or
new text end

new text begin (ii) may appeal the independent medical provider's determination by requesting an
examination under paragraph (c); and
new text end

new text begin (3) the fitness-for-duty timeline under this paragraph may be modified by mutual
agreement of the employing entity and employee.
new text end

new text begin (b) Nothing in this section shall be deemed to affect the Americans with Disabilities
Act, United States Code, title 42, chapter 126; the Family Medical Leave Act, United States
Code, title 29, chapter 28; or the Minnesota Human Rights Act, chapter 363A.
new text end

new text begin (c) An employee who wishes to appeal the independent medical provider's determination
under paragraph (a), clause (2), item (ii), may request an examination by a qualified
professional selected by the employee from a panel established by mutual agreement among
the League of Minnesota Cities, the Association of Minnesota Counties, the Minnesota
Peace and Police Officers Association, the Minnesota Professional Fire Fighters Association,
the Minnesota Chiefs of Police Association, and the Minnesota Law Enforcement
Association. The panel shall consist of five licensed psychiatrists or psychologists who have
expertise regarding psychological or emotional disorders and who are qualified to opine as
to the employee's fitness to engage in police or firefighting duties. The agreed upon panel
of qualified professionals must be submitted to the executive director and made available
for use in the appeal process. If the employee fails to select a qualified professional from
the panel within ten days of any notice of appeal, the employing entity may select the
qualified professional from the panel. A determination made by a qualified professional
under this paragraph is binding and not subject to appeal. The panel may be the same panel
as the panel established under section 353.032, subdivision 10.
new text end

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin No later than four years after the day following final enactment of
this act, the executive director, in coordination with employing entities, employees, and
mental health professionals, shall submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over labor and pensions regarding the impact
of this section on public safety duty disability trends and costs.
new text end

new text begin Subd. 12. new text end

new text begin Relationship to workers' compensation. new text end

new text begin Nothing in this section shall be
construed to affect the procedures for an employee's claim for workers' compensation
benefits under chapter 176 or diminish or delay an employer's or insurer's obligations related
to an employee's claim for workers' compensation benefits under chapter 176, except that
when an employee receives psychological condition treatment pursuant to an application
approved under subdivision 3, the treatment is not compensable under chapter 176.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 11.

new text begin [352B.103] PSYCHOLOGICAL CONDITION TREATMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account created and money appropriated. new text end

new text begin The MSRS psychological
condition treatment account is created in the special revenue fund. Money in the account is
appropriated to the executive director of the Minnesota State Retirement System for
administration of the psychological condition treatment under section 352B.102.
new text end

new text begin Subd. 2. new text end

new text begin Account to defray administrative costs. new text end

new text begin The executive director of the
Minnesota State Retirement System must pay the costs of administering the psychological
condition treatment under section 352B.102 using the money in the MSRS psychological
condition treatment account under subdivision 1 until the money is expended.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner of public safety to pay costs when account is depleted. new text end

new text begin When
the MSRS psychological condition treatment account is depleted, the executive director of
the Minnesota State Retirement System may invoice the commissioner of public safety for
the costs of administering the psychological condition treatment under section 352B.102.
The commissioner must pay invoices submitted by the executive director of the Minnesota
State Retirement System from the public safety officer's benefit account under section
299A.42 within 30 days of receipt.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 12.

Minnesota Statutes 2022, section 352B.105, subdivision 1, is amended to read:


Subdivision 1.

Termination.

Disability benefits payable under section 352B.10new text begin,
subdivision 1 or 2,
new text end must terminate on the date on which the disabilitant transfers status as
a disabilitant to status as a retirement annuitant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2022, section 353.01, subdivision 47, is amended to read:


Subd. 47.

Vesting.

(a) "Vesting" means obtaining a nonforfeitable entitlement to an
annuity or benefit from a retirement plan administered by the deleted text beginPublic Employees Retirementdeleted text end
association by having credit for sufficient allowable service under paragraph (b), (c), or (d),
whichever applies.

(b) For purposes of qualifying for an annuity or benefit as a basic or coordinated plan
member of the general employees retirement plan of the deleted text beginPublic Employees Retirementdeleted text end
association:

(1) a public employee who first became a member of the association before July 1, 2010,
is 100 percent vested when the person has accrued credit for not less than three years of
allowable service in the general employees retirement plan; and

(2) a public employee who first becomes a member of the association after June 30,
2010, is 100 percent vested when the person has accrued credit for not less than five years
of allowable service in the general employees retirement plan.

(c) For purposes of qualifying for an annuity or benefit as a member of the local
government correctional service retirement plan:

(1) a public employee who first became a member of the association before July 1, 2010,
is 100 percent vested when the person has accrued credit for not less than three years of
allowable service in the local government correctional service retirement plan; and

(2) a public employee who first becomes a member of the association after June 30,
2010, is vested at the following percentages when the person has accrued credit for allowable
service in the local government correctional service retirement plan, as follows:

(i) 50 percent after five years;

(ii) 60 percent after six years;

(iii) 70 percent after seven years;

(iv) 80 percent after eight years;

(v) 90 percent after nine years; and

(vi) 100 percent after ten years.

(d) For purposes of qualifying for an annuity or benefit as a member of the deleted text beginpublic
employees
deleted text end police and fire retirement plan:

(1) a public employee who first became a member of the association before July 1, 2010,
is 100 percent vested when the person has accrued credit for not less than three years of
allowable service in the public employees police and fire retirement plan;new text begin and
new text end

(2) a public employee who first becomes a member of the association after June 30,
2010, deleted text beginand before July 1, 2014,deleted text end is vested at the following percentages when the person has
accrued credited allowable service in the deleted text beginpublic employeesdeleted text end police and fire deleted text beginretirementdeleted text end plan,
as follows:

(i) 50 percent after five years;

(ii) 60 percent after six years;

(iii) 70 percent after seven years;

(iv) 80 percent after eight years;

(v) 90 percent after nine years; and

(vi) 100 percent after ten yearsdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) a public employee who first becomes a member of the association after June 30,
2014, is vested at the following percentages when the person has accrued credit for allowable
service in the public employees police and fire retirement plan, as follows:
deleted text end

deleted text begin (i) 50 percent after ten years;
deleted text end

deleted text begin (ii) 55 percent after 11 years;
deleted text end

deleted text begin (iii) 60 percent after 12 years;
deleted text end

deleted text begin (iv) 65 percent after 13 years;
deleted text end

deleted text begin (v) 70 percent after 14 years;
deleted text end

deleted text begin (vi) 75 percent after 15 years;
deleted text end

deleted text begin (vii) 80 percent after 16 years;
deleted text end

deleted text begin (viii) 85 percent after 17 years;
deleted text end

deleted text begin (ix) 90 percent after 18 years;
deleted text end

deleted text begin (x) 95 percent after 19 years; and
deleted text end

deleted text begin (xi) 100 percent after 20 or more years.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
all members, as defined under Minnesota Statutes, section 353.01, subdivision 7, of the
police and fire plan, and all former members, as defined under Minnesota Statutes, section
353.01, subdivision 7a, of the police and fire plan who have not begun to receive a retirement
annuity.
new text end

Sec. 14.

Minnesota Statutes 2022, section 353.031, subdivision 1, is amended to read:


Subdivision 1.

Application.

new text begin(a) new text endThis section applies to all disability determinations for
the public employees general fund, the public employees police and fire fund, and the local
government correctional service retirement plan and any other disability determination
subject to approval by the board, except as otherwise specified in section new text begin353.032, new text end353.33,
353.656, or 353E.05. These requirements and the requirements of section 353.03, subdivision
3
, are in addition to the specific requirements of each plan and govern in the event there is
any conflict between these sections and the procedures specific to any of those plans under
section 353.33, 353.656, or 353E.06.

new text begin (b) Notwithstanding any law to the contrary, an employee, as defined in section 353.032,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 353.032, subdivision 1, clause (7), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional procedure,
including all completion of treatment requirements under section 353.032.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 15.

Minnesota Statutes 2022, section 353.031, subdivision 3, is amended to read:


Subd. 3.

Procedure to determine eligibility; generally.

(a) Every claim for a disability
benefit must be initiated in writing on an application form and in the manner prescribed by
the executive director and filed with the executive director. new text beginTo be valid, new text endan application for
disability benefits must be made within 18 months following termination of public service
as defined under section 353.01, subdivision 11anew text begin, and include the required application form
and the medical reports required by paragraph (c)
new text end.

(b) All medical reports must support a finding that the disability arose before the employee
was placed on any paid or unpaid leave of absence or terminated public service, as defined
under section 353.01, subdivision 11a.

(c) An applicant for disability shall provide a detailed report signed by a licensed medical
doctor and at least one additional report signed by a medical doctor, new text beginpsychiatrist, new text endpsychologist,
deleted text begin andeleted text end APRN, or deleted text beginadeleted text end chiropractor. The applicant deleted text beginshalldeleted text end new text beginmust new text endauthorize the release of all medical
and health care evidence, including all medical records and relevant information from any
source, to support the application for initial, or the continuing payment of, disability benefits.

(d) All reports must contain an opinion regarding the deleted text beginclaimant'sdeleted text end new text beginapplicant's new text endprognosis,
the duration of the disability, and the expectations for improvement. Any report that does
not contain and support a finding that the disability will last for at least one year may not
be relied upon to support eligibility for benefits.

(e) Where the medical evidence supports the expectation that at some point in time the
deleted text begin claimantdeleted text end new text beginapplicant new text endwill no longer be disabled, any decision granting disability may provide
for a termination date upon which disability can be expected to no longer exist. In the event
a termination date is made part of the decision granting benefits, prior to the actual
termination of benefits, the deleted text beginclaimantdeleted text end new text beginapplicant new text endshall have the opportunity to show that the
disabling condition for which benefits were initially granted continues. In the event the
benefits terminate in accordance with the original decision, the deleted text beginclaimantdeleted text end new text beginapplicant new text endmay
petition for deleted text beginadeleted text end review deleted text beginby the board of trusteesdeleted text end under section deleted text begin353.03, subdivision 3,deleted text endnew text begin 356.96new text end
or may reapply for disability in accordance with these procedures and section 353.33,
353.656, or 353E.06, as applicable.

(f) deleted text beginAny claim to disability must be supported by a report fromdeleted text end new text beginUpon receipt of a valid
application, the executive director must notify
new text endthe employernew text begin. No later than 30 days after
receiving the notification, the employer must provide a report to the executive director
new text end
indicating that there is no available work that the deleted text beginemployeedeleted text end new text beginapplicant new text endcan perform in the
deleted text begin employee'sdeleted text end new text beginapplicant's new text enddisabled condition and that all reasonable accommodations have
been considered. Upon request of the executive director, an employer shall provide evidence
of the steps the employer has taken to attempt to provide reasonable accommodations and
continued employment to the deleted text beginclaimantdeleted text endnew text begin applicantnew text end. The employer shall also provide a
certification of the deleted text beginmember'sdeleted text end new text beginapplicant's new text endpast public service; the dates of any paid sick leave,
vacation, or any other employer-paid salary continuation plan beyond the last working day;
and whether or not any sick or annual leave has been allowed.

(g) An deleted text beginemployeedeleted text end new text beginapplicant new text endwho is placed on leave of absence without compensation
because of a disability is not barred from receiving a disability benefit.

(h) An applicant for disability benefits may file a retirement annuity application under
section 353.29, subdivision 4, simultaneously with an application for disability benefits. If
the application for disability benefits is approved, the retirement annuity application is
canceled. If disability benefits are denied, the retirement annuity application must be
processed upon the request of the applicant. No member of the deleted text beginpublicdeleted text end new text begingeneral new text endemployees
deleted text begin generaldeleted text end new text beginretirement new text endplan, the deleted text beginpublic employeesdeleted text end police and fire plan, or the local government
correctional service retirement plan may receive a disability benefit and a retirement annuity
simultaneously from the same plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 16.

Minnesota Statutes 2022, section 353.031, subdivision 4, is amended to read:


Subd. 4.

Additional requirements; eligibility for police and fire or local government
correctional service retirement plan disability benefits.

(a) If an application for disability
benefits is filed within two years of the date of the injury or the onset of the illness that gave
rise to the disability application, the application must be supported by evidence that the
applicant is unable to perform the duties of the position held by the applicant on the date
of the injury or the onset of the illness causing the disability. The employer must provide
evidence indicating whether the applicant is able or unable to perform the duties of the
position held on the date of the injury or onset of the illness causing the disability, a clear
explanation of any duties that the individual can or cannot perform, and an explanation of
why the employer may or may not authorize continued employment to the applicant in the
current or other position.

(b) If an application for disability benefits is filed more than two years after the date of
injury or the onset of an illness causing the disability, the application must be supported by
evidence that the applicant is unable to perform the duties that were expected to be performed
by the applicant during the 90 days preceding the last day the applicant performed services
for the employer. The employer must provide evidence of the duties that were expected to
be performed by the applicant during the 90 days preceding the last day the applicant
performed services, whether the applicant can or cannot perform those duties overall, a
clear explanation of any duties that the applicant can or cannot perform, and an explanation
of why the employer may or may not authorize continued employment to the applicant in
the current or other position.

(c) Any report supporting a claim to disability benefits under section 353.656 or 353E.06
must specifically relate the disability to its cause; and for any claim to duty disability from
an injury or illness arising out of an act of duty, the report must state the specific act of duty
giving rise to the claim, and relate the cause of disability to inherently dangerous duties
specific to the positions covered by the public employees police and fire plan and the local
government correctional service retirement plan. Any report that does not relate the cause
of disability to specific inherently dangerous duties performed by the employee may not be
relied upon as evidence to support eligibility for benefits and may be disregarded in the
executive director's decision-making process.

(d) Any application for duty disability must be supported by a first report of injury as
defined in section 176.231.

(e) If a member who has applied for and been approved for disability benefits before
the termination of service does not terminate service or is not placed on an authorized leave
of absence as certified by the governmental subdivision within 45 days following the date
on which the application is approved, the application shall be canceled. If an approved
application for disability benefits has been canceled, a subsequent application for disability
benefits may not be filed on the basis of the same medical condition for a minimum of one
year from the date on which the previous application was canceled.

new text begin (f) Notwithstanding section 353.01, subdivision 41, if the member has applied for a duty
disability based on a psychological condition, the application must be supported by evidence
that the applicant is unable to perform the duties of the position held by the applicant on
the date of injury or the onset of the illness or to another position with the employer which
provides salary and employer-provided benefits, including pension benefits, that are equal
to or greater than those for the position held by the employee on the date of the injury, event,
or onset of the mental illness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 17.

Minnesota Statutes 2022, section 353.031, subdivision 8, is amended to read:


Subd. 8.

Proof of deleted text begincontinuing disabilitydeleted text endnew text begin eligibility upon reapplicationnew text end.

(a) A new text beginperson
must not be paid a
new text enddisability benefit deleted text beginpayment must not be madedeleted text end except upon new text beginfurnishing
new text end adequate proof deleted text beginfurnisheddeleted text end to the executive director of the association that the person deleted text beginremainsdeleted text end
new text begin is new text enddisablednew text begin and, upon reapplication, that the disability is the same disability for which
disability benefits were initially granted
new text end.

(b) deleted text beginDuring the time whendeleted text end new text beginAt the end of each year of new text enddisability deleted text beginbenefits are being paid,deleted text end
new text begin payments for the first five years of disability payments and at the end of every three years
of disability payments thereafter, the person receiving the disability payments must reapply
and provide proof of disability to
new text endthe executive director of the associationnew text begin. The executive
director
new text end has the right, deleted text beginat reasonable timesdeleted text endnew text begin between applicationsnew text end, to require the deleted text begindisabled
member
deleted text end new text beginperson new text endto submit proof of the continuance of the disability claimed.

(c) Adequate proof of a disability new text beginupon reapplication new text endmust include a written expert report
by a licensed physician, an APRN, or a licensed chiropractor, or, with respect to a mental
impairment, a licensed new text beginpsychiatrist or new text endpsychologist.

new text begin (d) The reapplication requirement may be waived by the executive director if the
executive director receives a written statement from the medical adviser retained by the
association under subdivision 5 that no improvement can be expected in the person's disability
condition that was the basis for the payment of the disability benefit.
new text end

new text begin (e) If the person's reapplication is denied, the person bears the burden of proving eligibility
for a disability benefit in an appeal under section 356.96.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 18.

Minnesota Statutes 2022, section 353.031, subdivision 9, is amended to read:


Subd. 9.

Application approval or denial; decision of executive director.

Any decision
of the executive director is final, except that a member whose application for disability
benefits or whose deleted text begincontinuation of disability benefitsdeleted text end new text beginreapplication under subdivision 8 new text endis
denied may appeal the executive director's decision to the board of trustees deleted text beginwithin 60 days
of receipt of a certified letter notifying the member of the decision to deny the application
or continuation of benefits
deleted text endnew text begin under section 356.96new text end. In developing the record for review by the
board when a decision is appealed, the executive director may direct that the applicant
participate in a fact-finding session conducted by an administrative law judge assigned by
the Office of Administrative Hearings, and, as applicable, a vocational assessment conducted
by the qualified rehabilitation counselor on contract with the deleted text beginPublic Employees Retirementdeleted text end
association.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 19.

new text begin [353.032] APPLICATION FOR PSYCHOLOGICAL CONDITION
TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "mental illness" means diagnosis of a mental illness by a mental health professional,
and meeting the criteria for a condition or conditions included in the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders published by the American
Psychiatric Association;
new text end

new text begin (2) "employee" means an individual diagnosed with a mental illness who is a member
under section 353.64 or was a member under section 353.64 within the 18 months preceding
the date of the application under subdivision 2;
new text end

new text begin (3) "employer" means an employer of a current or former member of the police and fire
plan;
new text end

new text begin (4) "firefighter" has the meaning given in section 299A.465, subdivision 5, paragraph
(c);
new text end

new text begin (5) "mental health professional" has the meaning given in section 245I.02, subdivision
27;
new text end

new text begin (6) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
new text end

new text begin (7) "psychological condition" means a mental illness, as defined in clause (1); and
new text end

new text begin (8) "treatment" includes but is not limited to active participation in psychological,
psychopharmaceutical, and functional neurological approaches and active participation in
the International Association of Fire Fighters Center of Excellence for Behavioral Health
Treatment and Recovery. Treatment includes utilization of multiple treatment modalities,
including chemical dependency treatment when indicated, and evidence-based trauma
treatment.
new text end

new text begin Subd. 2. new text end

new text begin Application; dual diagnosis. new text end

new text begin (a) Notwithstanding any law to the contrary, and
except as provided in paragraph (b), the procedure in this section applies to an application
for a duty disability by an employee based on a psychological condition.
new text end

new text begin (b) The additional procedure in this section does not apply to a duty disability application
under paragraph (a) that is also based on a dual diagnosis of a physical condition. An
employee with a dual diagnosis may, but is not required to, seek treatment under subdivisions
4 and 7, subject to the procedure in this section.
new text end

new text begin Subd. 3. new text end

new text begin Approval. new text end

new text begin (a) An employee who applies for treatment of a psychological
condition that was a result of the performance of duties related to the occupation must
receive approval for psychological treatment as provided under this subdivision.
new text end

new text begin (b) The executive director shall grant approval to an employee who submits, in the form
and manner specified by the executive director:
new text end

new text begin (1) a report by a mental health professional diagnosing the employee with a mental
illness and finding that the employee is currently unable to perform the normal duties of
the position held by the employee on the date of the injury, event, or onset of the mental
illness on a full- or part-time basis; and
new text end

new text begin (2) documentation from the employer certifying the dates the employee was on duty in
a position covered under the police and fire plan.
new text end

new text begin (c) An employee who receives approval under this subdivision is not considered disabled
for the purposes of a duty disability under section 353.656, subdivision 1, unless the employee
completes the additional requirements under this section, receives final confirmation under
subdivision 6, and applies for disability benefits under section 353.031 before receiving
duty disability benefits or related benefits.
new text end

new text begin (d) The executive director must notify an employing entity electronically and by mail
that an application for psychological condition treatment has been submitted by an employee
and request the certification required under paragraph (b), clause (2), from the employing
entity within six business days after the application has been received by the executive
director.
new text end

new text begin (e) An employer shall submit the certification required under paragraph (b), clause (2),
within five business days of receiving notice from the executive director, and the employee
shall receive approval no later than 14 business days after the employee's application is
received by the executive director, whether or not the employer's certification has been
submitted. Nothing in this paragraph shall delay the treatment of the psychological condition
of the employee.
new text end

new text begin Subd. 4. new text end

new text begin Treatment required. new text end

new text begin (a) Except as provided in paragraph (f), an employee
who receives approval under subdivision 3 shall complete up to 24 consecutive weeks of
active treatment modalities for the employee's diagnosed mental illness, as provided under
this subdivision, before a final confirmation can be made under subdivision 6. Treatment
shall be at the direction of a mental health professional using treatment modalities indicated
for the treatment of the diagnosed mental illness. An employee shall not be penalized for
an interruption in active, consecutive treatment that is not initiated by or resulting from an
intentional action of the employee. Subject to the limit under subdivision 9, the employer
shall pay for the treatment costs to the extent not paid for by the employee's health insurance
and may seek reimbursement.
new text end

new text begin (b) The employee's mental health professional must assess the employee's progress in
treatment monthly and at the end of the 24 weeks or earlier, including any change to the
employee's ability to return to the position held by the employee on the date of the injury,
event, or onset of the mental illness, or to another position with the employer which provides
salary and employer-provided benefits, including pension benefits, that are equal to or
greater than those for the position held by the employee on the date of the injury, event, or
onset of the mental illness. A final confirmation under subdivision 6 must be supported by
a report from the employee's mental health professional containing an opinion about the
employee's prognosis, the duration of the disability, and the expectations for improvement
following the treatment. A report that does not contain and support a finding that the
employee's disability as a result of a psychological condition will last for at least 12 months
must not be relied upon to support approval of duty disability benefits.
new text end

new text begin (c) The employee may return to full- or part-time work prior to the completion of the
24 weeks of treatment if the employee's mental health professional determines that they are
medically able to do so.
new text end

new text begin (d) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the 24 weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employer's approval.
new text end

new text begin (e) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (c) or (d), except as provided under subdivision 10.
new text end

new text begin (f) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 5. new text end

new text begin Continuation of salary and benefits. new text end

new text begin (a) Subject to subdivision 9, for the
period that an employee is seeking psychological condition treatment approval under
subdivision 3 or 6, appealing a determination thereof, or receiving treatment under
subdivision 4 or 7, the employer shall continue:
new text end

new text begin (1) to pay, for a current employee only, the employee's full salary and employer-provided
benefits, including any employer contribution to health care and retirement benefits. The
employer must proportionally reduce the salary paid to an employee who is otherwise
receiving benefits for the disability that provide compensation for all or a portion of the
employee's salary for the same time period. Nothing in this paragraph requires an employer
to pay more than 100 percent of the employee's salary;
new text end

new text begin (2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury, event, or onset
of the mental illness under the employer's group health plan; and
new text end

new text begin (3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
new text end

new text begin (b) An employee shall obtain service credit for the treatment period required under
subdivision 4 or 7.
new text end

new text begin (c) Nothing prevents an employer from providing benefits in addition to those required
by this section or otherwise affects an employee's rights with respect to any other employment
benefit.
new text end

new text begin (d) If an employee is unable to receive treatment through the prescribed treatment
program due to circumstances beyond the employee's control, which includes but is not
limited to a lack of availability of a mental health facility or a mental health professional,
the employee shall continue to receive their regular compensation, benefits, and retirement
service credits, until such mental health facility or mental health professional becomes
available to the employee for their treatment program. The continuation of salary and benefits
allowed under this paragraph must not exceed 30 days beyond the day treatment is prescribed,
except that continuation of benefits and salary may be extended beyond 30 days if written
documentation from the mental health facility or mental health professional providing the
treatment start date is submitted by the employee to the executive director and the employer.
new text end

new text begin Subd. 6. new text end

new text begin Termination or continuation of psychological condition treatment. new text end

new text begin (a)
Following completion of treatment under subdivision 4, the association shall confirm the
treatment requirements are satisfied, and make one of the following determinations:
new text end

new text begin (1) continue the approval for an additional eight weeks for the employee to complete
additional treatment, as provided under subdivision 7;
new text end

new text begin (2) terminate the psychological condition treatment because the employee is:
new text end

new text begin (i) able to return to full-time work in the position held by the employee on the date of
the injury, event, or onset of the mental illness; or
new text end

new text begin (ii) able to return to another vacant full-time position with the employer which provides
salary and employer-provided benefits, including pension benefits, that are equal to or
greater than those for the position held by the employee on the date of the injury, event, or
onset of the mental illness, as certified by the employer in the form and manner specified
by the executive director; or
new text end

new text begin (3) confirm the employee has met the requirements under section 353.032, after which
the employee may apply for a duty disability benefit based on a psychological condition
under section 353.031.
new text end

new text begin (b) After confirmation and application under paragraph (a), clause (3), the association
must approve the employee's application for disability benefits if the employee is eligible
under section 353.031, at which time the employee is entitled to receive disability benefits
as provided under this section and any related benefits. The disability benefit begins to
accrue the day following the day on which the employer ceases to continue salary and
benefits under subdivision 5 and section 353.656, subdivision 4, paragraph (a).
new text end

new text begin (c) Following completion of the additional treatment requirements under subdivision 7,
if applicable, the association shall confirm the additional treatment requirements are satisfied,
after which, the employee may apply for disability benefits because the employee is eligible
under section 353.031, at which time the employee is entitled to receive disability benefits
as provided under this section and any related benefits. The disability benefit begins to
accrue the day following the day on which the employer ceases to continue salary and
benefits under subdivision 5 and section 353.656, subdivision 4, paragraph (a).
new text end

new text begin (d) A fitness for duty presumption shall apply to an employee who is determined able
to return to work as provided under paragraph (a), clause (2), except as provided under
subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Additional treatment. new text end

new text begin (a) Except as provided in paragraph (g), if, after
completing the treatment required under subdivision 4, the mental health professional's
report determines that the employee is making progress in treatment, and the employee's
prognosis is expected to further improve with additional treatment, the association shall
continue the employee's initial approval under subdivision 6, paragraph (a), clause (1), and
the employee shall complete up to an additional eight consecutive weeks of active treatment
modalities as provided under this subdivision.
new text end

new text begin (b) Treatment shall be at the direction of a mental health professional using treatment
modalities indicated for the treatment of the employee's diagnosed mental illness. An
employee shall not be penalized for an interruption in active, consecutive treatment that is
not initiated by or resulting from an intentional action of the employee. Subject to subdivision
9, the employer shall pay for the treatment costs to the extent not paid for by the employee's
health insurance and may seek reimbursement.
new text end

new text begin (c) The employee's mental health professional must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of the injury, event, or onset of the mental
illness, or to another position with the employer which provides salary and employer-provided
benefits, including pension benefits, that are equal to or greater than those for the position
held by the employee on the date of the injury, event, or onset of the mental illness. A final
confirmation under subdivision 6, paragraph (b), must be supported by an updated report
from the employee's mental health professional containing an opinion about the employee's
prognosis, the duration of the disability, and the expectations for improvement following
the additional treatment. An updated report that does not contain and support a finding that
the employee's disability as a result of a psychological condition will last for at least 12
months must not be relied upon to support approval of duty disability benefits.
new text end

new text begin (d) The employee may return to full- or part-time work prior to the completion of the
eight weeks of treatment if the employee's mental health professional determines that they
are medically able to do so.
new text end

new text begin (e) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the eight weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employer's approval.
new text end

new text begin (f) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (d) or (e), except as provided under subdivision 10.
new text end

new text begin (g) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 8. new text end

new text begin Treatment data. new text end

new text begin A "health record," as defined by section 144.291, subdivision
2, paragraph (c), arising from treatment sought under this section is classified as private
data on individuals, as defined by section 13.02, subdivision 12, and must not be accessed
by, shared with, or disclosed or disseminated to any individual, private entity, or government
entity, including through discovery, search warrant, or subpoena, in any type of investigation
or legal action.
new text end

new text begin Subd. 9. new text end

new text begin Employer reimbursement; limit. new text end

new text begin (a) Except as provided in paragraph (c), an
employer subject to this section may annually apply by August 1 for the preceding fiscal
year to the commissioner of public safety for reimbursement of:
new text end

new text begin (1) the treatment costs incurred by the employer under subdivision 4 or 7; and
new text end

new text begin (2) the costs incurred to continue salary and benefits as required under subdivision 5.
new text end

new text begin (b) An employer must apply for the reimbursement in the form and manner specified
by the commissioner of public safety.
new text end

new text begin (c) No employer shall be required to pay for the salary, benefits, and treatment costs
required under subdivisions 4, 5, and 7 for a single employee more than three times in ten
years.
new text end

new text begin Subd. 10. new text end

new text begin Fitness for duty presumption. new text end

new text begin (a) An employee who is cleared or determined
able to return to work or light duty under subdivision 4, paragraph (e); 6, paragraph (c); or
7, paragraph (f), is presumed fit for duty, except as follows:
new text end

new text begin (1) an employer may request a fitness for duty exam by an independent medical provider
if the exam is completed within six weeks of the employer receiving the determination from
the treating mental health professional, and the independent medical provider's report is
completed no more than six weeks later;
new text end

new text begin (2) an employee found unfit for duty by an independent medical provider under clause
(1):
new text end

new text begin (i) is presumed eligible for a duty disability, as provided under subdivision 6, paragraph
(a), clause (3), if the employee otherwise meets the eligibility requirements under section
353.031; or
new text end

new text begin (ii) may appeal the independent medical provider's determination by requesting an
examination under paragraph (c); and
new text end

new text begin (3) the fitness-for-duty timeline under this paragraph may be modified by mutual
agreement of the employer and employee.
new text end

new text begin (b) Nothing in this section shall be deemed to affect the Americans with Disabilities
Act, United States Code, title 42, chapter 126; the Family Medical Leave Act, United States
Code, title 29, chapter 28; or the Minnesota Human Rights Act, chapter 363A.
new text end

new text begin (c) An employee who wishes to appeal the independent medical provider's determination
under paragraph (a), clause (2), item (ii), may request an examination by a qualified
professional selected by the employee from a panel established by mutual agreement among
the League of Minnesota Cities, the Association of Minnesota Counties, the Minnesota
Peace and Police Officers Association, the Minnesota Professional Fire Fighters Association,
the Minnesota Chiefs of Police Association, and the Minnesota Law Enforcement
Association. The panel shall consist of five licensed psychiatrists or psychologists who have
expertise regarding psychological or emotional disorders and who are qualified to opine as
to the employee's fitness to engage in police or firefighting duties. The agreed upon panel
of qualified professionals must be submitted to the executive director and made available
for use in the appeal process. If the employee fails to select a qualified professional from
the panel within ten days of any notice of appeal, the employing entity may select the
qualified professional from the panel. A determination made by a qualified professional
under this item is binding and not subject to appeal. This panel may be the same panel as
the panel established under section 352B.102, subdivision 10.
new text end

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin No later than four years after the day following final enactment of
this act, the executive director, in coordination with employers, employees, and mental
health professionals, shall submit a report to the chairs and ranking minority members of
the legislative committees with jurisdiction over labor and pensions regarding the impact
of this section on public safety duty disability trends and costs.
new text end

new text begin Subd. 12. new text end

new text begin Relationship to workers' compensation. new text end

new text begin Nothing in this section shall be
construed to affect the procedures for an employee's claim for workers' compensation
benefits under chapter 176 or diminish or delay an employer's or insurer's obligations related
to an employee's claim for workers' compensation benefits under chapter 176, except that
when an employee receives psychological condition treatment pursuant to an application
approved under subdivision 3, the treatment is not compensable under chapter 176.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 20.

new text begin [353.033] PSYCHOLOGICAL CONDITION TREATMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account created and money appropriated. new text end

new text begin The PERA psychological
condition treatment account is created in the special revenue fund. Money in the account is
appropriated to the executive director of the Public Employees Retirement Association for
administration of the psychological condition treatment under section 353.032.
new text end

new text begin Subd. 2. new text end

new text begin Account to defray administrative costs. new text end

new text begin The executive director of the Public
Employees Retirement Association must pay the costs of administering the PERA
psychological condition treatment under section 353.032 using the money in the
psychological condition treatment account under subdivision 1 until the money is expended.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner of public safety to pay costs when account is depleted. new text end

new text begin When
the PERA psychological condition treatment account is depleted, the executive director of
the Public Employees Retirement Association may invoice the commissioner of public
safety for the costs of administering the psychological condition treatment under section
353.032. The commissioner must pay invoices submitted by the executive director of the
Public Employees Retirement Association from the public safety officer's benefit account
under section 299A.42 within 30 days of receipt.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 21.

Minnesota Statutes 2022, section 353.335, is amended to read:


353.335 DISABILITANT EARNINGS REPORTS.

new text begin Subdivision 1. new text end

new text begin Reemployment earnings reporting required. new text end

Unless waived by the
executive director, a disability benefit recipient must report all earnings from reemployment
and from income from workers' compensation to the association annually by May 15 in a
format prescribed by the executive director. If the form is not submitted by May 15, benefits
must be suspended effective June 1. new text beginIf, new text endupon receipt of the form deleted text beginby the association, ifdeleted text endnew text begin, the
executive director determines that
new text end the disability benefit recipient is deleted text begindeemed by the executive
director to be
deleted text end eligible for continued payment, benefits must be reinstated retroactive to June
1. The executive director may waive the requirements in this section if the medical evidence
supports that the disability benefit recipient will not have earnings from reemployment.

new text begin Subd. 2. new text end

new text begin Workers' compensation reporting not required. new text end

new text begin Notwithstanding subdivision
1, a recipient of disability benefits from the police and fire plan must not be required to
report to the association any workers' compensation received by the recipient.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 22.

Minnesota Statutes 2022, section 353.656, subdivision 1, is amended to read:


Subdivision 1.

Duty disability; computation of benefits.

(a) A member of the police
and fire plandeleted text begin, other thandeleted text end new text beginwho (1) is not new text enda firefighter covered by section 353.6511, or a police
officer covered by section 353.6512, deleted text beginwho is determined to qualify fordeleted text end new text begin(2) has a condition
that meets the definition of a
new text endduty disability deleted text beginas defined indeleted text end new text beginunder new text endsection 353.01, subdivision
41, new text beginand (3) has filed an application under section 353.031 that was approved by the executive
director
new text endis entitled to receive disability benefits during the period of deleted text beginsuchdeleted text end disability in an
amount equal to 60 percent of the new text beginmember's new text endaverage salary as defined deleted text beginindeleted text end new text beginunder new text endsection
353.01, subdivision 17a, plus an additional 3.0 percent of that average salary for each year
of service in excess of 20 years.

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

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

(2) met the age and vesting 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 23.

Minnesota Statutes 2022, section 353.656, subdivision 1a, is amended to read:


Subd. 1a.

Total and permanent duty disability; computation of benefits.

(a) A member
of the police and fire plandeleted text begin, other thandeleted text end new text beginwho (1) is not new text enda firefighter covered by section 353.6511,
or a police officer covered by section 353.6512, deleted text beginwhose disablingdeleted text end new text begin(2) has a new text endcondition deleted text beginis
determined to be
deleted text end new text beginthat meets the definition of new text enda duty disability new text beginunder section 353.01,
subdivision 41, and
new text endthat is also a deleted text beginpermanent anddeleted text end total new text beginand permanent new text enddisability as defined
deleted text begin indeleted text end new text beginunder new text endsection 353.01, subdivision 19, new text beginand (3) has filed an application under section
353.031 that was approved by the executive director
new text endis entitled to receive, for life, new text begina new text enddisability
deleted text begin benefitsdeleted text end new text beginbenefit new text endin an amount equal to deleted text begin60deleted text end new text begin99 new text endpercent of the new text beginmember's new text endaverage salary as
defined deleted text beginindeleted text end new text beginunder new text endsection 353.01, subdivision 17adeleted text begin, plus an additional 3.0 percent of that
average salary for each year of service in excess of 20 years
deleted text end.new text begin Beginning July 1, 2023, a
member receiving a benefit under this paragraph must receive a disability benefit in an
amount equal to the greater of 99 percent of the member's average salary as defined under
section 353.01, subdivision 17a, in effect as of the date of the disability or the amount of
the disability benefit the member was receiving on June 30, 2023.
new text end

(b) A disability benefit payable under paragraph (a) is subject to deleted text begineligibility reviewdeleted text end new text beginthe
reapplication requirements
new text endunder section 353.33, subdivision 6, but the deleted text beginreviewdeleted text end new text beginreapplication
new text end may be waived if the executive director receives a written statement from the deleted text beginassociation'sdeleted text end
medical advisor new text beginretained by the association under section 353.031, subdivision 5, new text endthat no
improvement can be expected in the member's deleted text begindisablingdeleted text end new text begindisability new text endcondition that was the
basis for payment of the benefit under paragraph (a).

new text begin (c)new text end A member receiving a disability benefit under this subdivision who is found to no
longer deleted text beginbe permanently and totally disableddeleted text end new text beginhave a total and permanent disability new text endas defined
under section 353.01, subdivision 19, but continues to deleted text beginmeet the definition for receipt ofdeleted text end
new text begin have new text enda duty disability new text beginas defined new text endunder section 353.01, subdivision 41, is subject to
subdivision 1 upon written notice from the association's medical advisor that the person deleted text beginisdeleted text end
no longer deleted text beginconsidered permanently and totally disableddeleted text endnew text begin has a total and permanent disabilitynew text end,
and may, upon application, elect an optional annuity under subdivision 1b.

deleted text begin (c)deleted text end new text begin(d) new text endIf a member approved for disability benefits under this subdivision dies before
attaining normal retirement age as defined deleted text beginindeleted text end new text beginunder new text endsection 353.01, subdivision 37, paragraph
(b), or within 60 months of the effective date of the disability, whichever is later, the
surviving spouse is entitled to receive a survivor benefit under section 353.657, subdivision
2, paragraph (a), clause (1), if the death is the direct result of the disabling condition for
which disability benefits were approved, or section 353.657, subdivision 2, paragraph (a),
clause (2), if the death is not directly related to the disabling condition for which benefits
were approved under this subdivision.

deleted text begin (d)deleted text end new text begin(e) new text endIf the election of an actuarial equivalent optional annuity is not made at the time
the deleted text beginpermanent anddeleted text end new text beginmember is entitled to begin to receive new text endtotal new text beginand permanent new text enddisability
deleted text begin benefit accruesdeleted text endnew text begin benefitsnew text end, an election must be made within 90 days before the member attains
normal retirement age as defined under section 353.01, subdivision 37, paragraph (b), or
deleted text begin havingdeleted text end new text beginhas new text endcollected total and permanent disability benefits for 60 months, whichever is
later. If a member receiving disability benefits who has dependent children dies, subdivision
6a, paragraph (c), applies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 24.

Minnesota Statutes 2022, section 353.656, subdivision 1b, is amended to read:


Subd. 1b.

Optional annuity election.

(a) A disabled member of the police and fire fund
may elect to receive the normal disability benefit or an actuarial equivalent optional annuity.
If the election of an actuarial equivalent optional annuity is made before the commencement
of payment of the disability benefit, the new text beginmember is entitled to begin payment of the new text endoptional
annuity deleted text beginmust begin to accruedeleted text end on the same date deleted text beginasdeleted text end new text beginthat new text endthe new text beginnormal new text enddisability benefit deleted text begincovering
only the disability benefit recipient would have accrued.
deleted text endnew text begin would have begun. For the purpose
of this subdivision, a "normal disability benefit" is a monthly benefit payable for the life of
the member and equal to a percentage of the member's average salary as defined under
section 353.01, subdivision 17a. The percentage is 60 percent if the disability is a duty
disability under subdivision 1 or 99 percent if the disability is a total and permanent disability.
new text end

(b) If an election of an optional annuity is not made before the commencement of the
disability benefit, the disability benefit recipient may elect an optional annuity:

(1) within 90 days before normal retirement age;

(2) upon the filing of an application to convert to an early retirement annuity, if electing
to convert to an early retirement annuity before the normal retirement age;

(3) within 90 days before the expiration of the 60-month period for which a disability
benefit is paid, if the disability benefit is payable because the disabled member did not have
at least 20 years of allowable service at normal retirement age; or

(4) upon deleted text beginbeing determineddeleted text end new text begina determination new text endthat the disability benefit recipient continues
to be disabled under subdivision 1, but deleted text beginisdeleted text end no longer deleted text begintotally and permanently disableddeleted text end new text beginhas a
total and permanent disability
new text endunder subdivision 1a.

(c) If a disabled member who has named a joint and survivor optional annuity beneficiary
dies before the disability benefit ceases and is recalculated under subdivision 5a, the
beneficiary eligible to receive the joint and survivor annuity may elect to have the annuity
converted at the times designated in paragraph (b), clause (1), (2), or (3), whichever allows
for the earliest payment of a higher joint and survivor annuity option resulting from
recalculation under subdivision 5a, paragraph (e).

(d) A disabled member may name a person other than the spouse as beneficiary of a
joint and survivor annuity only if the spouse of the disabled member permanently waives
surviving spouse coverage on the disability application form prescribed by the executive
director.

(e) If the spouse of the member permanently waives survivor coverage, the dependent
child or children, if any, continue to be eligible for dependent child benefits under section
353.657, subdivision 3, and the designated optional annuity beneficiary may draw the
monthly benefit.

(f) Any optional annuity under this subdivision, plus dependent child benefits, if
applicable, are subject to the maximum and minimum family benefit amounts specified in
section 353.657, subdivision 3a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 25.

Minnesota Statutes 2022, section 353.656, subdivision 3, is amended to read:


Subd. 3.

Regular disability benefit.

(a) A member of the police and fire plandeleted text begin, other
than
deleted text end new text beginwho (1) is not new text enda firefighter covered by section 353.6511, or a police officer covered
by section 353.6512, deleted text beginwho qualifies fordeleted text end new text begin(2) has at least one year of allowable service, (3) has
a condition that meets the definition of
new text enda regular disability deleted text beginbenefit as defined indeleted text end new text beginunder new text endsection
353.01, subdivision 46, new text beginand (4) has filed an application under section 353.031 that was
approved by the executive director
new text endis entitled to receive a disability benefitdeleted text begin, after filing a
valid application,
deleted text end in an amount equal to 45 percent of the new text beginmember's new text endaverage salary as defined
in section 353.01, subdivision 17a.

(b) To be eligible for a benefit under paragraph (a), the member must have at least one
year of allowable service credit and have:

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

(2) met the age and vesting requirements under that subdivision, but does not have at
least 15 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) For a member who is employed as a full-time firefighter by the Department of Military
Affairs of the state of Minnesota, allowable service as a full-time state Military Affairs
Department firefighter credited by the Minnesota State Retirement System may be used in
meeting the minimum allowable service requirement of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 26.

Minnesota Statutes 2022, section 353.656, subdivision 3a, is amended to read:


Subd. 3a.

Total and permanent regular disability; computation of benefits.

(a) A
member of the police and fire plandeleted text begin, other thandeleted text end new text beginwho (1) is not new text enda firefighter covered by section
353.6511, or a police officer covered by section 353.6512, deleted text beginwhose disablingdeleted text end new text begin(2) has a
new text end condition deleted text beginis determined to bedeleted text end new text beginthat meets the definition of new text enda regular disability under section
353.01, subdivision 46, new text beginand new text endthat is also a new text begintotal and new text endpermanent deleted text beginand totaldeleted text end disability as defined
deleted text begin indeleted text end new text beginunder new text endsection 353.01, subdivision 19, new text beginand (3) has filed an application under section
353.031 that was approved by the executive director
new text endis entitled to receive, for life, a disability
benefit in an amount equal to 45 percent of the new text beginmember's new text endaverage salary as defined deleted text beginindeleted text end new text beginunder
new text end section 353.01, subdivision 17a, plus an additional 3.0 percent of that average salary for
each year of service in excess of 15 years.

(b) A disability benefit payable under paragraph (a) is subject to eligibility review under
section 353.33, subdivision 6, but the review may be waived if the executive director receives
a written statement from the association's medical advisor that no improvement can be
expected in the member's disabling condition that was the basis for payment of the benefit
under paragraph (a). A member receiving a disability benefit under this subdivision who is
found to no longer deleted text beginbe permanently and totally disableddeleted text end new text beginhave a total and permanent disability
new text end as defined under section 353.01, subdivision 19, but continues to deleted text beginmeet the definition for
receipt of
deleted text end new text beginhave new text enda regular disability new text beginas defined new text endunder section 353.01, subdivision 46, is subject
to subdivision 3 upon written notice from the association's medical advisor that the person
deleted text begin isdeleted text end no longer deleted text beginconsidered permanently and totally disableddeleted text endnew text begin has a total and permanent disabilitynew text end.

(c) A member approved for disability benefits under this subdivision may elect to receive
a normal disability benefit or an actuarial equivalent optional annuity. If the election of an
actuarial equivalent optional annuity is not made deleted text beginat the timedeleted text end new text beginby the date on which the member
is entitled to begin
new text endthe total and permanent disability benefit deleted text beginaccruesdeleted text end, deleted text beginandeleted text end new text beginthe new text endelection must
be made within 90 days before the member attains normal retirement age as defined in
section 353.01, subdivision 37, paragraph (b), or deleted text beginhaving collecteddeleted text endnew text begin, if later, the date on which
the member receives the 60th monthly payment of the
new text end disability deleted text beginbenefits for 60 months,
whichever is later
deleted text endnew text begin benefitnew text end. No surviving spouse benefits are payable if the member dies
during the period in which a normal deleted text begintotal and permanentdeleted text end disability benefit is being paid. If
a member receiving disability benefits who has dependent children dies, subdivision 6a,
paragraph (c), applies.new text begin For the purpose of this subdivision, a "normal disability benefit" is
a monthly benefit payable for the life of the member.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 27.

Minnesota Statutes 2022, section 353.656, subdivision 4, is amended to read:


Subd. 4.

Limitation on disability benefit payments.

(a) No member is entitled to
receive a disability benefit payment when there remains to the member's credit unused
annual leave, sick leave, or any other employer-provided salary continuation plan, or under
any other circumstances when, during the period of disability, there has been no impairment
of the person's salary as a police officer, a firefighter, or a paramedic as defined in section
353.64, subdivision 10, whichever applies.

(b) new text beginThis paragraph applies to members who begin disability payments before July 1,
2023, and either are not required to reapply under section 353.031, subdivision 8, or have
not reached the end of one year or three years, as applicable, when reapplication under
section 353.031, subdivision 8, is required.
new text endIf a disabled member resumes a gainful
occupation with earnings that, when added to the single life disability benefit, and workers'
compensation benefit if applicable, exceed the disability benefit recipient's reemployment
earnings limit, the amount of the disability benefit must be reduced during the months of
employment and receipt of workers' compensation benefits, if applicable, as provided in
this paragraph. The disability benefit recipient's reemployment earnings limit is the greater
ofdeleted text begin:
deleted text end

(1) the monthly salary earned at the date of disabilitydeleted text begin;deleted text endnew text begin,new text end or

(2) 125 percent of the base monthly salary currently paid by the employing governmental
subdivision for similar positions.

deleted text begin (c)deleted text end The disability benefit must be reduced by one dollar for each three dollars by which
the total amount of the current monthly disability benefit, any monthly workers' compensation
benefits if applicable, and actual monthly earnings exceed the greater disability benefit
recipient's reemployment earnings limit. In no event may the monthly disability benefit as
adjusted under this subdivision exceed the disability benefit originally allowed.

new text begin (c) This paragraph applies to members who begin disability payments or are required
to reapply under section 353.031, subdivision 8, on or after July 1, 2023. If a disabled
member resumes a gainful occupation with earnings, the amount of the member's disability
benefit must be reduced each year until normal retirement age by the sum of clauses (1)
and (2), not to exceed the amount of the member's disability benefit:
new text end

new text begin (1) for members with less than 20 years of service for a duty disability benefit or less
than 15 years of service for a regular disability benefit, one dollar for each dollar of
reemployment earnings, but not more than the lesser of (i) and (ii), and not to exceed the
employee contribution rate as defined under section 353.65, subdivision 2, multiplied by
the average salary used to determine the amount of the member's disability benefit when
granted:
new text end

new text begin (i) an amount equal to the employee contribution rate as defined under section 353.65,
subdivision 2, multiplied by the average salary used to determine the amount of the member's
disability benefit, when granted, multiplied by the difference between 20 for a duty disability
benefit or 15 for a regular disability benefit and the member's years of service, divided by
55 minus the member's age at the time of disability; or
new text end

new text begin (ii) 50 percent of the member's yearly reemployment earnings; and
new text end

new text begin (2) for all members:
new text end

new text begin (i) one dollar for every two dollars, up to 125 percent of the base monthly salary, by
which the sum exceeds the base monthly salary; and
new text end

new text begin (ii) one dollar for each dollar by which the sum exceeds 125 percent of the base monthly
salary;
new text end

new text begin where "sum" means the sum of the current disability benefit plus actual monthly
reemployment earnings and "base monthly salary" means the base monthly salary currently
paid by the employing governmental subdivision for similar positions.
new text end

new text begin (d) Paragraphs (b) and (c) do not apply to a member receiving total and permanent
disability benefits under section 353.656, subdivision 1a or 3a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, but a member's disability
payments must not be reduced by the offsets under paragraph (c), clauses (1) and (2), until
January 1, 2024.
new text end

Sec. 28.

Minnesota Statutes 2022, section 353.656, subdivision 6a, is amended to read:


Subd. 6a.

Disability survivor benefits for deleted text beginpre-Julydeleted text endnew text begin members disabled before Julynew text end 1,
2007deleted text begin, disabilitantsdeleted text end.

(a) If a member who is receiving a disability benefit that was granted
under the laws in effect before July 1, 2007, dies before attaining normal retirement age as
defined under section 353.01, subdivision 37, paragraph (b), or within five years of the
effective date of the disability, whichever is later, the surviving spouse shall receive a
survivor benefit under section 353.657, subdivision 2, paragraph (a), clause (2); or 2a, unless
the surviving spouse elected to receive a refund under section 353.32, subdivision 1. The
joint and survivor optional annuity under subdivision 2a is based on the minimum disability
benefit under subdivision 1 or 3, or the deceased member's allowable service, whichever is
greater.

(b) If the disability benefit was granted under the laws in effect before July 1, 2007, and
the deleted text begindisabilitantdeleted text end new text begindisabled member new text endis living at the age required for receipt of a retirement
annuity under section 353.651, subdivision 1, or five years after the effective date of the
disability, whichever is later, the disabled member may continue to receive a normal disability
benefit, or the member may elect a joint and survivor optional annuity under section 353.30.
The optional annuity is based on the minimum disability benefit under subdivision 1 or 3,
or the member's allowable service, whichever is greater. The election of this joint and
survivor annuity must occur within 90 days before attaining normal retirement age as defined
under section 353.01, subdivision 37, paragraph (b), or within 90 days before the five-year
anniversary of the effective date of the disability benefit, whichever is later. The optional
annuity takes effect the first of the month following the month in which the person attains
the age required for receipt of a retirement annuity under section 353.651, subdivision 1,
or reaches the five-year anniversary of the effective date of the disability benefit, whichever
is later.

(c) If any disabled member dies while receiving a benefit and has a dependent child or
children, the association shall grant a dependent child benefit under section 353.657,
subdivision 3
.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 29.

Minnesota Statutes 2022, section 353.656, subdivision 10, is amended to read:


Subd. 10.

deleted text beginAccrual of benefitsdeleted text endnew text begin Entitlement to receive a disability benefitnew text end.

(a) Except
for a total and permanent disability under subdivision 1a, new text begina member is entitled to begin to
receive payment of
new text enda disability benefit deleted text beginbegins to accruedeleted text end when the deleted text beginapplicantdeleted text end new text beginmember new text endis no
longer receiving any form of compensation, whether salary or paid leave 90 days preceding
the filing of an application; or, if annual or sick leave, or any other employer-paid salary
continuation plan is paid for more than the 90-day period, from the date on which the
payment of salary ceased, whichever is later. Except for a total and permanent disability
under subdivision 1a, no member is entitled to receive a disability benefit payment when
there remains to the member's credit any unused annual leave, sick leave, or any other
employer-paid salary continuation benefit, or under any other circumstances when, during
the period of disability, there has been no impairment of the person's salary.

(b) Payment of the disability benefit must not continue beyond the end of the month in
which entitlement has terminated. If the deleted text begindisabilitantdeleted text end new text begindisabled member new text enddies prior to negotiating
the check for the month in which death occurs, payment must be made to the surviving
spouse or, if none, to the designated beneficiary or, if none, to the estate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 30.

new text begin [626.8478] WELLNESS TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Learning objectives and training course. new text end

new text begin (a) The board must create
learning objectives to prepare peace officers for the stressful and traumatic events that are
common to policing and teach officers methods to process and cope with the stress and
trauma inherent to policing. The learning objectives must be updated as the board considers
appropriate.
new text end

new text begin (b) The commissioner of public safety, in consultation with the board, must create a
training course that incorporates each of the learning objectives established by the board
under paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Preservice training required. new text end

new text begin (a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of a professional peace officer
education program.
new text end

new text begin (b) A person is not eligible to take the peace officer licensing examination after July 1,
2024, unless the individual has received the training described in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin In-service training required. new text end

new text begin Beginning July 1, 2024, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service wellness
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. A peace
officer with a license renewal date after June 30, 2024, is not required to complete this
training until the officer's next full three-year licensing cycle.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

new text begin The head of each local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The written records are subject to periodic review by the board and must be
made available to the board at its request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 31. new text beginTRANSFERS TO THE PSYCHOLOGICAL CONDITION TREATMENT
ACCOUNTS.
new text end

new text begin (a) $1,000,000 in fiscal year 2024 is transferred from the general fund to the MSRS
psychological condition treatment account under Minnesota Statutes, section 352B.103.
new text end

new text begin (b) $3,000,000 in fiscal year 2024 is transferred from the general fund to the PERA
psychological condition treatment account under Minnesota Statutes, section 353.033.
new text end

new text begin (c) The transfers in paragraphs (a) and (b) are onetime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 32. new text beginTRANSFERS TO THE PUBLIC SAFETY OFFICER'S BENEFIT
ACCOUNT.
new text end

new text begin $100,000,000 in fiscal year 2024 is transferred from the general fund to the public safety
officer's benefit account under Minnesota Statutes, section 299A.42, and appropriated to
the commissioner of public safety for the following uses:
new text end

new text begin (1) to cover administrative costs of the Department of Public Safety to administer
reimbursements under Minnesota Statutes, section 299A.465, and costs to implement and
administer Minnesota Statutes, section 626.8478;
new text end

new text begin (2) to cover administrative costs of the Minnesota State Retirement System and the
Public Employees Retirement Association after the respective psychological condition
treatment accounts under Minnesota Statutes, section 352B.103 or 353.033, are depleted;
and
new text end

new text begin (3) to fund reimbursements of public employers under Minnesota Statutes, section
299A.465.
new text end

new text begin This is a onetime transfer. If, for a fiscal year after 2024, the public safety officer's benefit
account does not have enough money remaining from the $100,000,000 transferred to it in
fiscal year 2024 to cover all administrative costs and reimbursements under clauses (1) to
(3), the commissioner of public safety must first cover the costs under clause (2) for the
fiscal year and, if any funds remain in the public safety officer's benefit account, the
commissioner must cover the costs under clause (3) next and, if any funds remain in the
public safety officer's benefit account, the commissioner must cover the costs under clause
(1).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 33. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2022, section 353.656, subdivisions 2 and 2a, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: UEH1234-2

353.656 DISABILITY BENEFITS.

Subd. 2.

Benefits paid under workers' compensation law.

(a) When the amount determined under paragraph (b) exceeds the equivalent salary determined under paragraph (c), the disability benefit amount must be reduced to that amount which, when added to the workers' compensation benefits, equals the equivalent salary.

(b) When a member receiving a disability benefit as specified in this section is also entitled to receive lump sum or periodic benefits under workers' compensation laws, the single life annuity actuarial equivalent disability benefit amount and the workers' compensation amount must be added. The computation must exclude any attorney fees paid by the disability benefit recipient as authorized under applicable workers' compensation laws. The computation must also exclude permanent partial disability payments provided under section 176.101, subdivision 2a, and retraining payments under section 176.102, subdivision 11, if the permanent partial disability or retraining payments are reported to the executive director in a manner specified by the executive director.

(c) The equivalent salary is the amount determined under clause (1) or (2), whichever is greater:

(1) the salary the disabled member received as of the date of the disability; or

(2) the salary currently payable for the same employment position or substantially similar positions in the applicable government subdivision.

Subd. 2a.

Reduction restored; overpayment.

A disabled member who is eligible to receive a disability benefit under subdivision 2 as of June 30, 1987, and whose disability benefit amount had been reduced prior to July 1, 1987, as a result of the receipt of workers' compensation benefits, must have the disability benefit payment amount restored, as of July 1, 1987, calculated in accordance with subdivision 2. However, a disabled member is not entitled to receive retroactive repayment of any disability benefit amounts lost before July 1, 1987, as a result of the reduction required before that date because of the receipt of workers' compensation benefits.

Any disability benefit overpayments made before July 1, 1987, and occurring because of the failure to reduce the disability benefit payment to the extent required because of the receipt of workers' compensation benefits, may be collected by the association through the reduction of disability benefit or annuity payment made on or after July 1, 1987, until the overpayment is fully recovered.