HF 659

as introduced - 89th Legislature (2015 - 2016) Posted on 02/05/2015 01:59pm

A bill for an act
relating to retirement; general state employees retirement plan of the Minnesota
State Retirement System; modifying disability application deadlines in certain
instances; amending Minnesota Statutes 2014, section 352.113, subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2014, section 352.113, subdivision 2, is amended to read:

Subd. 2.

Application; accrual of benefits.

new text begin (a) new text end An employee making claim for a total
and permanent disability benefit, or someone acting on behalf of the employee upon proof
of authority satisfactory to the director, shall file a written application for benefits in the
office of the system new text begin on or before the deadline specified in subdivision 4, paragraph (f) or (g) new text end .

new text begin (b) new text end The application must be in a form and manner prescribed by the executive director.

new text begin (c) new text end The benefit shall begin to accrue the day following the start of disability or the
day following the last day paid, whichever is later, but not earlier than 180 days before the
date the application is filed with the director.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 2.

Minnesota Statutes 2014, section 352.113, subdivision 4, is amended to read:

Subd. 4.

Medical or psychological examinations; authorization for payment of
benefit.

(a) Any physician, psychologist, chiropractor, or physician assistant providing
any service specified in this section must be licensed.

(b) An applicant shall provide a detailed report signed by a physician, and at least
one additional report signed by a physician, chiropractor, psychologist, or physician
assistant with evidence to support an application for total and permanent disability. The
reports must include an expert opinion regarding whether the employee is permanently
and totally disabled within the meaning of section 352.01, subdivision 17, and that the
disability arose before the employee was placed on any paid or unpaid leave of absence or
terminated public service.

(c) If there is medical evidence that supports the expectation that at some point
the person applying for the disability benefit will no longer be disabled, the decision
granting the disability benefit may provide for a termination date upon which the total and
permanent disability can be expected to no longer exist. When a termination date is part
of the decision granting benefits, prior to the benefit termination the executive director
shall review any evidence provided by the disabled employee to show that the disabling
condition for which benefits were initially granted continues. If the benefits cease, the
disabled employee may follow the appeal procedures described in section 356.96 or may
reapply for disability benefits using the process described in this subdivision.

(d) Any claim to disability must be supported by a report from the employer
indicating that there is no available work that the employee can perform with the disabling
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 claimant.

(e) The director shall also obtain written certification from the employer stating
whether the employment has ceased or whether the employee is on sick leave of absence
because of a disability that will prevent further service to the employer and that the
employee is not entitled to compensation from the employer.

(f) The medical adviser shall consider the reports of the physicians, physician
assistants, psychologists, and chiropractors and any other evidence supplied by the
employee or other interested parties. If the medical adviser finds the employee totally and
permanently disabled, the adviser shall make appropriate recommendation to the director
in writing together with the date from which the employee has been totally disabled. The
director shall then determine if the disability occurred within 18 months of filing the
application, new text begin if the disability occurred new text end while still in the employment of the state, and the
propriety of authorizing payment of a disability benefit as provided in this section.

(g) A terminated employee may apply for a disability benefit within 18 months of
termination as long as the disability occurred while in the employment of the state. The
fact that an employee is placed on leave of absence without compensation because of
disability does not bar that employee from receiving a disability benefit.

(h) new text begin Upon appeal, the board of directors may extend the disability benefit application
deadline in paragraph (f) or (g) by an additional 18 months if the terminated employee
is determined to have a cognitive impairment that made it unlikely that the terminated
employee understood that there was an applicable standard deadline or that the terminated
employee was able to meet the standard deadline.
new text end

new text begin (i) new text end Unless the payment of a disability benefit has terminated because the employee is
no longer totally disabled, or because the employee has reached normal retirement age as
provided in this section, the disability benefit must cease with the last payment received
by the disabled employee or which had accrued during the lifetime of the employee unless
there is a spouse surviving. In that event, the surviving spouse is entitled to the disability
benefit for the calendar month in which the disabled employee died.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end