HF 4117

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

A bill for an act
relating to retirement; increasing the percentage of salary upon which police
and fire duty disability benefits are based; amending Minnesota Statutes 2007
Supplement, section 353.656, subdivision 1a.

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

Section 1.

Minnesota Statutes 2007 Supplement, 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 plan whose disabling condition is determined to be a
duty disability that is also a permanent and total disability as defined in section 353.01,
subdivision 19, is entitled to receive, for life, disability benefits in an amount equal to deleted text begin 60 deleted text end new text begin
75 new text end percent of the average salary as defined in section 353.01, subdivision 17a, plus an
additional percent specified in section 356.315, subdivision 6, of that average salary for
each year of service in excess of deleted text begin 20 deleted text end new text begin 25 new text end 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 be permanently and totally disabled as
defined under section 353.01, subdivision 19, but continues to meet the definition for
receipt of a duty disability under section 353.01, subdivision 41, is subject to subdivision
1 upon written notice from the association's medical advisor that the person is no longer
considered permanently and totally disabled.

(c) If a member approved for disability benefits under this subdivision dies before
attaining normal retirement age as defined in section 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.

(d) If the election of an actuarial equivalent optional annuity is not made at the time
the permanent and total disability benefit accrues, 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 having collected 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 the day following final enactment
and applies to members whose permanent and total disability was caused by an injury
occurring after December 31, 2004. The increased payments due under this section apply
to payments made after enactment.
new text end