SF 2403

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 (b) A determination made on behalf of a peace officer or firefighter described in
paragraph (a), clause (2), must be at the request of the peace officer or firefighter made for
the purposes of this section. Determinations made in accordance with paragraph (a) are
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 and the employer.
This notice must include:
new text end

new text begin (1) a written statement of the reasons for the determination;
new text end

new text begin (2) a notice that the person may petition for a review of the determination by
requesting that a contested case be initiated before the Office of Administrative Hearings,
the cost of which must be borne by the peace officer or firefighter and the employer; and
new text end

new text begin (3) a statement that any person who does not petition for a review within 60 days
is precluded from contesting issues determined by the executive director in any other
administrative review or court procedure.
new text end

new text begin If, prior to the contested case hearing, additional information is provided to support the
claim for duty disability as defined in section 353.01, subdivision 41, the executive
director may reverse the determination without the requested hearing. If a hearing is held
before the Office of Administrative Hearings, the determination rendered by the judge
conducting the fact-finding hearing is a final decision and order under section 14.62,
subdivision 2a, and is binding on the executive director, the peace officer or firefighter,
employer, and state. Review of a final determination made by the Office of Administrative
Hearings under this section may only be obtained by writ of certiorari to the Minnesota
Court of Appeals under sections 14.63 to 14.68. Only the peace officer or firefighter,
employer, and state have standing to participate in a judicial review of the decision of the
Office of Administrative Hearings.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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