SF 2394

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

A bill for an act
relating to retirement; general employees retirement plan of the Public Employees
Retirement Association; authorizing a late disability benefit application in certain
cases.

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

Section 1. new text begin PERA-GENERAL; LATE DISABILITY BENEFIT APPLICATION
AUTHORIZATION.
new text end

new text begin (a) Notwithstanding any provisions of Minnesota Statutes, section 353.01,
subdivision 19, 353.031, subdivision 3, or 353.33, subdivision 1, to the contrary, an
eligible person described in paragraph (b) is entitled to file an application for a disability
benefit from the coordinated program of the general employees retirement plan of the
Public Employees Retirement Association within the time period specified in paragraph
(c) and in compliance with the evidentiary requirements of paragraph (d), and, if
determined to be totally and permanently disabled for a period of at least one year under
Minnesota Statutes, section 353.01, subdivision 19, as of June 27, 2006, is eligible to
receive a disability benefit under Minnesota Statutes, section 353.33.
new text end

new text begin (b) An eligible person is a person who:
new text end

new text begin (1) was born on April 5, 1955;
new text end

new text begin (2) was employed by the city of Richfield from October 28, 1985, until June 27,
2006;
new text end

new text begin (3) was a member by virtue of that employment of the coordinated program of the
general employees retirement plan of the Public Employees Retirement Association;
new text end

new text begin (4) applied for a total and permanent disability benefit under Minnesota Statutes,
chapter 353, on July 6, 2006;
new text end

new text begin (5) had the total and permanent disability benefit application denied by the executive
director of the Public Employees Retirement Association because the medical evidence
did not support total and permanent disability for a period of at least one year based on
an evaluation of medical reports submitted by the person as reviewed by the physicians
at the Minnesota Department of Health;
new text end

new text begin (6) had an appeal of the total and permanent disability benefit application denial by
the Board of Trustees of the Public Employees Retirement Association on September
14, 2006;
new text end

new text begin (7) filed for a review of the decision by the Board of Trustees of the Public
Employees Retirement Association by the Minnesota Court of Appeals in November 2006;
new text end

new text begin (8) withdrew the request for a review by the Minnesota Court of Appeals after
December 11, 2006;
new text end

new text begin (9) requested a disability benefit application in July 2008; and
new text end

new text begin (10) has passed the three-year time limit from the date of termination for applying
for a disability benefit on June 27, 2009.
new text end

new text begin (c) An application for a disability benefit under paragraph (a) must be filed on or
before January 1, 2011.
new text end

new text begin (d) An application for a disability benefit under paragraph (a) must include evidence
of a total and permanent disability benefit that was not provided to the Board of Trustees
of the Public Employees Retirement Association prior to September 14, 2006.
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