HF 2130

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

A bill for an act
relating to retirement; Public Employees Retirement Association general plan;
authorizing a late application for disability benefits for a former employee.

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

Section 1. new text begin PERA-GENERAL; LATE DISABILITY BENEFIT APPLICATION
AUTHORIZED.
new text end

new text begin (a) Notwithstanding any provision of Minnesota Statutes, section 353.33, subdivision
2, to the contrary, a person described in paragraph (b) is authorized to apply for a disability
benefit from the general employees retirement plan of the Public Employees Retirement
Association under Minnesota Statutes, section 353.33.
new text end

new text begin (b) An eligible person is a person who:
new text end

new text begin (1) was born on February 1, 1956;
new text end

new text begin (2) became a Public Employees Retirement Association general plan member on
December 18, 1994, until January 31, 1996, while employed by the city of Benson;
new text end

new text begin (3) was employed by Independent School District No. 777, Benson, with Public
Employees Retirement Association general plan coverage, from October 1, 1996, until
July 31, 2003;
new text end

new text begin (4) is disabled within the meaning of Minnesota Statutes, section 353.01, subdivision
19; and
new text end

new text begin (5) failed to apply for disability benefits under Minnesota Statutes, section 353.33,
within the three-year time period permitted in that statute following termination of covered
employment.
new text end

new text begin (c) The eligible person under paragraph (b) must provide, in conjunction with the
disability application, any relevant evidence that the executive director of the Public
Employees Retirement Association requires about the existence of a total and permanent
disability as defined in Minnesota Statutes, section 353.01, subdivision 19, and about the
date on which the disability occurred and its relationship to the termination of active
service in July 2003.
new text end

new text begin (d) If the eligible person files a disability benefit application and if the eligible
person provides sufficient evidence of disability and the occurrence of the disability under
paragraph (c), to qualify for a disability benefit under Minnesota Statutes, section 353.33,
the disability benefit becomes payable on the first day of the first month next following the
approval of the application. The disability benefit must be calculated under the laws in
effect at the time the eligible person terminated active service in July 2003. The disability
benefit must include any applicable deferred annuities augmentation under Minnesota
Statutes, section 353.71, subdivision 2.
new text end

new text begin (e) Nothing in this section may be deemed to exempt the eligible person from the
partial reemployment of a disabilitant provision under Minnesota Statutes, section 353.33,
subdivision 7, or from the trial work period provision under Minnesota Statutes, section
353.33, subdivision 7a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) This section is effective the day following final enactment.
new text end

new text begin (b) This section expires, if not utilized, on December 31, 2007.
new text end