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HF 723

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to retirement; extending filing deadlines; requiring written applications;
amending disability benefit provisions; amending Minnesota Statutes 2008,
sections 352.113, subdivision 4; 352.95, subdivisions 3, 4, 5; 352B.10,
subdivision 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 352.113, subdivision 4, is amended to read:


Subd. 4.

Medical or psychological examinations; authorization for payment of
benefit.

(a) An applicant shall provide medical, chiropractic, or psychological evidence to
support an application for total and permanent disability.

(b) The director shall have the employee examined by at least one additional
licensed chiropractor, physician, or psychologist designated by the medical adviser. The
chiropractors, physicians, or psychologists shall make written reports to the director
concerning the employee's disability including expert opinions as to whether the employee
is permanently and totally disabled within the meaning of section 352.01, subdivision 17.

(c) 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 as a
consequence the employee is not entitled to compensation from the employer.

(d) The medical adviser shall consider the reports of the physicians, 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 deleted text begin180 daysdeleted text endnew text begin 18 monthsnew text end of filing the application, while still
in the employment of the state, and the propriety of authorizing payment of a disability
benefit as provided in this section.

(e) A terminated employee may apply for a disability benefit within deleted text begin180 daysdeleted text endnew text begin 18
months
new text end 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.

(f) 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.

Sec. 2.

Minnesota Statutes 2008, section 352.95, subdivision 3, is amended to read:


Subd. 3.

Applying for benefits; accrual.

No application for disability benefits
shall be made until after the last day physically on the job. The disability benefit shall
begin to accrue the day following the last day for which the employee is paid sick leave
or annual leave but not earlier than 180 days before the date the application is filed.new text begin A
terminated employee must file a written application that meets the requirements under
section 352.113, subdivision 4, paragraph (e).
new text end

Sec. 3.

Minnesota Statutes 2008, section 352.95, subdivision 4, is amended to read:


Subd. 4.

Medical or psychological evidence.

(a) An applicant shall provide
medical, chiropractic, or psychological evidence to support an application for disability
benefits. The director shall have the employee examined by at least one additional licensed
physician, chiropractor, or psychologist who is designated by the medical adviser. The
physicians, chiropractors, or psychologists with respect to a mental impairment, shall
make written reports to the director concerning the question of the employee's disability,
including their expert opinions as to whether the employee is disabled within the meaning
of this section. The director shall also obtain written certification from the employer
stating whether or not the employee is on sick leave of absence because of a disability that
will prevent further service to the employer, and as a consequence, the employee is not
entitled to compensation from the employer.

(b) If, on considering the reports by the physicians, chiropractors, or psychologists
and any other evidence supplied by the employee or others, the medical adviser finds
the employee disabled within the meaning of this section, the advisor shall make the
appropriate recommendation to the director, in writing, together with the date from which
the employee has been disabled. The director shall then determine the propriety of
authorizing payment of a disability benefit as provided in this section.

(c) Unless the payment of a disability benefit has terminated because the employee is
no longer disabled, or because the employee has reached either age deleted text begin65deleted text endnew text begin 55new text end or the five-year
anniversary of the effective date of the disability benefit, whichever is later, the disability
benefit must cease with the last payment which was received by the disabled employee
or which had accrued during the employee's lifetime. While disability benefits are paid,
the director has the right, at reasonable times, to require the disabled employee to submit
proof of the continuance of the disability claimed. If any examination indicates to the
medical adviser that the employee is no longer disabled, the disability payment must
be discontinued upon the person's reinstatement to state service or within 60 days of
the finding, whichever is sooner.

Sec. 4.

Minnesota Statutes 2008, section 352.95, subdivision 5, is amended to read:


Subd. 5.

Retirement status at normal retirement age.

The disability benefit
paid to a disabled correctional employee under this section shall terminate at the end of
the month in which the employee reaches age deleted text begin65deleted text endnew text begin 55new text end, or the five-year anniversary of the
effective date of the disability benefit, whichever is later. If the disabled correctional
employee is still disabled when the employee reaches age deleted text begin65deleted text endnew text begin 55new text end, or the five-year
anniversary of the effective date of the disability benefit, whichever is later, the employee
shall be deemed to be a retired employee. If the employee had elected an optional annuity
under subdivision 1a, the employee shall receive an annuity in accordance with the
terms of the optional annuity previously elected. If the employee had not elected an
optional annuity under subdivision 1a, the employee may within 90 days of attaining age
deleted text begin 65deleted text endnew text begin 55new text end or reaching the five-year anniversary of the effective date of the disability benefit,
whichever is later, either elect to receive a normal retirement annuity computed in the
manner provided in section 352.93 or elect to receive an optional annuity as provided
in section 352.116, subdivision 3, based on the same length of service as used in the
calculation of the disability benefit. Election of an optional annuity must be made within
90 days before attaining age deleted text begin65deleted text endnew text begin 55new text end or reaching the five-year anniversary of the effective
date of the disability benefit, whichever is later. If an optional annuity is elected, the
optional annuity shall begin to accrue on the first of the month following the month in
which the employee reaches age deleted text begin65deleted text endnew text begin 55new text end or the five-year anniversary of the effective date of
the disability benefit, whichever is later.

Sec. 5.

Minnesota Statutes 2008, section 352B.10, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Applying for benefits; accrual. new text end

new text begin No application for disability benefits
shall be made until after the last day physically on the job. The disability benefit shall
begin to accrue the day following the last day for which the employee is paid sick leave
or annual leave but not earlier than 180 days before the date the application is filed. A
member who is terminated must file a written application that meets the requirements
under section 352.113, subdivision 4, paragraph (e).
new text end

Sec. 6.

Minnesota Statutes 2008, section 352B.10, subdivision 5, is amended to read:


Subd. 5.

Optional annuity.

A disabilitant may elect, in lieu of spousal survivorship
coverage under section 352B.11, subdivisions 2b and 2c, the normal disability benefit or
an optional annuity as provided in section 352B.08, subdivision 3. The choice of an
optional annuity must be made in writing, on a form prescribed by the executive director,
and must be made before the commencement of the payment of the disability benefit, or
within 90 days before reaching age deleted text begin65deleted text endnew text begin 55new text end or before reaching the five-year anniversary
of the effective date of the disability benefit, whichever is later. The optional annuity
is effective on the date on which the disability benefit begins to accrue, or the month
following the attainment of age deleted text begin65deleted text endnew text begin 55new text end or following the five-year anniversary of the
effective date of the disability benefit, whichever is later.