HF 3503

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying provision relating to disability of peace
officer or firefighter; amending Minnesota Statutes 2006, section 299A.465,
subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 299A.465, subdivision 1, is amended to
read:

Subdivision 1.

Officer or firefighter disabled in line of duty.

(a) This subdivision
applies deleted text begin when a peace officer or firefighter suffers a disabling injury that:
deleted text end

deleted text begin (1) results in the officer's or firefighter's retirement or separation from service;
deleted text end

deleted text begin (2) occurs while the officer or firefighter is acting in the course and scope of duties
as a peace officer or firefighter; and
deleted text end

deleted text begin (3) the officer or firefighter has been approved to receive the officer's or firefighter's
duty-related disability pension. deleted text end new text begin to any peace officer or firefighter:
new text end

new text begin (1) who the Public Employees Retirement Association determines is eligible to
receive a duty disability benefit pursuant to section 353.656; or
new text end

new text begin (2) who (i) does not qualify to receive disability benefits by operation of the
eligibility requirements set forth in section 353.656, subdivision 1, paragraph (b), (ii)
retires pursuant to section 353.651, subdivision 4, or (iii) is a member of a local police or
salaried firefighters relief association and qualifies for a duty disability benefit under the
terms of plans of the relief associations, and the peace officer or firefighter described in
item (i), (ii), or (iii) has discontinued public service as a peace officer or firefighter as a
result of a disabling injury and has been determined, by the Public Employees Retirement
Association, to have otherwise met the duty disability criteria set forth in section 353.01,
subdivision 41.
new text end

new text begin A determination made on behalf of a peace officer or firefighter who does not meet the
eligibility requirements of section 353.656, subdivision 1, paragraph (b), or who retires
pursuant to section 353.651, subdivision 4, must be at the request of the peace officer or
firefighter and, for the purposes of this section, is binding on the peace officer or firefighter,
employer, and state. The determination must be made by the executive director of the
Public Employees Retirement Association and is not subject to section 356.96, subdivision
2. Upon making a determination, the executive director shall provide written notice to
the peace officer or firefighter, employer, and state. This notice serves as a final decision
and order under section 14.63. Review of a determination made by the executive director
under this section may only be obtained by way of writ of certiorari to the Minnesota
Court of Appeals. Only the peace officer or firefighter, employer, and state has standing to
participate in a judicial review of the decision of the executive director.
new text end

(b) The officer's or firefighter's employer shall continue to provide health coverage
for:

(1) the officer or firefighter; and

(2) the officer's or firefighter's dependents if the officer or firefighter was receiving
dependent coverage at the time of the injury under the employer's group health plan.

(c) The employer is responsible for the continued payment of the employer's
contribution for coverage of the officer or firefighter and, if applicable, the officer's
or firefighter's dependents. Coverage must continue for the officer or firefighter and, if
applicable, the officer's or firefighter's dependents until the officer or firefighter reaches new text begin or,
if deceased, would have reached new text end the age of 65. However, coverage for dependents does
not have to be continued after the person is no longer a dependent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end