HF 2855

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

A bill for an act
relating to retirement; permitting certain disabled members of the Public
Employment Retirement Association police and fire plan to elect to change the
laws under which benefits are determined.

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

Section 1. new text begin PUBLIC EMPLOYEES RETIREMENT ASSOCIATION DISABILITY
BENEFIT ELECTION; LINE OF DUTY DISABILITY.
new text end

new text begin (a) For the purposes of this section, "eligible member" means a member of the Public
Employees Retirement Association police and fire plan who:
new text end

new text begin (1) is eligible under Minnesota Statutes, section 353.656, to receive police and
fire plan disability benefits for a disability incurred in the line of duty prior to October
16, 1992; and
new text end

new text begin (2) is currently receiving retirement or disability benefits based upon the laws in
effect at the time the disability was incurred.
new text end

new text begin (b) Notwithstanding any law to the contrary, an eligible member may elect to have
the member's disabled or retired benefits redetermined under the laws in effect at the time
this section is enacted, instead of the laws in effect at the time the disability was incurred.
If an eligible member elects to have the member's disability and retirement benefits
redetermined based upon the law in effect at the time this section is enacted, the eligible
member will receive the same disability benefits that members injured after October 16,
1992, receive, until their Social Security benefits take effect. The eligible member must
meet all other requirements under the law.
new text end

new text begin (c) An eligible member may make the election provided for under paragraph (b)
between July 1, 2008, and June 30, 2009.
new text end

new text begin (d) Upon request of a member disabled in the line of duty, Public Employees
Retirement Association must establish the member's eligibility to make the election
under paragraph (b). If the member is an eligible member under paragraph (a), Public
Employees Retirement Association must provide the eligible member an opportunity to
make the election under paragraph (b). If an eligible member makes an election under
paragraph (b), changes in benefits take effect retroactively from July 1, 2008.
new text end

new text begin (e) Public Employees Retirement Association is not required to determine what
the benefits would have been if the eligible member's status had been governed under
current law from the original date of disability, or to reimburse eligible members for any
differences in benefits that might have been realized but for the change in law.
new text end

new text begin EFFECTIVE DATE. new text end

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