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Minnesota Legislature

Office of the Revisor of Statutes

SF 2530

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2018 08:31am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; expanding eligibility for continued health insurance
coverage for public safety employees disabled or killed in the line of duty to include
correctional officers; appropriating money; amending Minnesota Statutes 2016,
sections 299A.42; 299A.465, subdivisions 1, 2, 3, 4, 5.

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

Section 1.

Minnesota Statutes 2016, section 299A.42, is amended to read:


299A.42 PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.

The public safety officer's benefit account is created in the state treasury. Money in the
account consists of money transferred and appropriated to that account. Money in the account
that is not expended in the fiscal year in which it is transferred or appropriated does not
revert to the general fund until claims for reimbursement under section 299A.465 that are
submitted in that fiscal year are either paid or denied.new text begin A sum sufficient to discharge the
duties imposed by section 299A.465 is annually appropriated from the general fund to the
account.
new text end

Sec. 2.

Minnesota Statutes 2016, section 299A.465, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginOfficer or firefighterdeleted text end new text beginPublic safety employees new text enddisabled in line of duty.

(a) This subdivision applies to any deleted text beginpeace officer or firefighterdeleted text endnew text begin public safety employeenew text end:

(1) who the new text beginexecutive director of the new text endPublic Employees Retirement Association
new text begin determines is eligible to receive a duty disability benefit pursuant to section 353.656 or
353E.06, subdivision 1,
new text endor the new text beginexecutive director of the new text endMinnesota State Retirement System
determines is eligible to receive a duty disability benefit pursuant to section deleted text begin353.656deleted text end new text begin352.95,
subdivision 1,
new text endor 352B.10, subdivision 1deleted text begin, respectivelydeleted text end; or

(2) whonew text begin has discontinued public service as a result of a disabling injury that was
determined by the executive director of the Public Employees Retirement Association to
have met the duty disability criteria set forth in section 353.01, subdivision 41, and satisfies
at least one of the following:
new text end

(i) does not qualify to receive disability benefits by operation of the eligibility
requirements set forth in section 353.656, subdivision 1, paragraph (b)deleted text begin,deleted text endnew text begin;
new text end

(ii) retires pursuant to section 353.651, subdivision 4deleted text begin,deleted text endnew text begin;new text end 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 deleted text beginplans 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
deleted text endnew text begin the plan of the relief associationnew text end.

(b) A determination deleted text beginmade on behalf of a peace officer or firefighterdeleted text end described in paragraph
(a), clause (2), must deleted text beginbedeleted text end new text beginhave been made new text endat the request of the deleted text beginpeace officer or firefighter
made
deleted text end new text beginpublic safety employee new text endfor the purposes of this section. deleted text beginDeterminationsdeleted text end new text beginA determination
new text end made in accordance with paragraph (a) deleted text beginaredeleted text end new text beginis new text endbinding on the deleted text beginpeace officer or firefighterdeleted text endnew text begin
public safety employee
new text end, employer, and statedeleted text begin. The determination must be made by the
executive director of the Public Employees Retirement Association or by the executive
director of the Minnesota State Retirement System, whichever applies,
deleted text end and is not subject
to section 356.96, subdivision 2. Upon making a determination, the executive director shall
provide written notice to the deleted text beginpeace officer or firefighterdeleted text end new text beginpublic safety employee new text endand the
employer. This notice must include:

(1) a written statement of the reasons for the determination;

(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 deleted text beginpeace officer or firefighterdeleted text end new text beginpublic safety employee new text endand the
employer; and

(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.

If, prior to the contested case hearing, additional information is provided to support the
claim for duty disability as defined in section 352B.011, subdivision 7, or 353.01, subdivision
41
, whichever applies, 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 applicable executive
director, the deleted text beginpeace officer or firefighterdeleted text endnew text begin public safety employeenew text end, 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 deleted text beginpeace officer or firefighterdeleted text endnew text begin public safety employeenew text end, employer, and
state have standing to participate in a judicial review of the decision of the Office of
Administrative Hearings.

(c) The deleted text beginofficer's or firefighter'sdeleted text end new text beginpublic safety employee's new text endemployer shall continue to
provide health coverage for:

(1) the deleted text beginofficer or firefighterdeleted text endnew text begin public safety employeenew text end; and

(2) deleted text beginthe officer's or firefighter's dependents if the officer or firefighterdeleted text end new text beginany dependent of
the public safety employee who
new text endwas receiving dependent coverage at the time of the injury
under the employer's group health plan.

(d) The employer is responsible for the continued payment of the employer's contribution
for coverage of the deleted text beginofficer or firefighterdeleted text end new text beginpublic safety employee new text endand, if applicable, the
deleted text begin officer's or firefighter'sdeleted text end new text beginpublic safety employee's new text enddependents. Coverage must continue for
the deleted text beginofficer or firefighterdeleted text end new text beginpublic safety employee new text endand, if applicable, the deleted text beginofficer's or firefighter'sdeleted text end
new text begin public safety employee's new text enddependents until the deleted text beginofficer or firefighterdeleted text end new text beginpublic safety employee
new text end reaches or, if deceased, would have reached the age of 65. However, coverage for dependents
does not have to be continued after the person is no longer a dependent.

Sec. 3.

Minnesota Statutes 2016, section 299A.465, subdivision 2, is amended to read:


Subd. 2.

deleted text beginOfficerdeleted text end new text beginPublic safety employee new text endor new text beginvolunteer new text endfirefighter killed in line of
duty.

(a) This subdivision applies when a deleted text beginpeace officer, firefighter,deleted text end new text beginpublic safety employee
new text end or volunteer firefighter is killed while on duty and discharging the deleted text beginofficer's, firefighter's, or
volunteer firefighter's
deleted text end duties deleted text beginasdeleted text end new text beginof new text enda peace officer, firefighter, new text begincorrectional officer, new text endor volunteer
firefighternew text begin, as applicablenew text end.

(b) The deleted text beginofficer'sdeleted text end new text beginpublic safety employee's new text endor new text beginvolunteer new text endfirefighter's employer shall
continue to cover the deleted text begindeceased officer'sdeleted text end new text beginpublic safety employee's new text endor new text beginvolunteer new text endfirefighter's
dependents, including deleted text beginthe officer's or firefighter'sdeleted text end new text begina new text endspouse:

(1) if the deleted text beginofficer, firefighter, or volunteer firefighter wasdeleted text end new text begindependents had been new text endreceiving
dependent coverage deleted text beginat the time of the officer's, firefighter's, or volunteer firefighter's deathdeleted text end
under the employer's group health plannew text begin at the time of the public safety employee's or volunteer
firefighter's death
new text end; or

(2) if the deleted text beginofficer's, firefighter's, or volunteer firefighter'sdeleted text end spouse was not covered as a
dependent at the time of the deleted text beginofficer's, firefighter's,deleted text end new text beginpublic safety employee's new text endor volunteer
firefighter's death, but at that time was eligible, or afterward becomes eligible, to be a
dependent on the employer's group health plan.

(c) The employer is responsible for the employer's contribution for the coverage of the
deleted text begin officer's, firefighter's,deleted text end new text beginpublic safety employee's new text endor volunteer firefighter's dependents. Subject
to subdivision 5, paragraph (b), clause (2), coverage must continue for a dependent deleted text beginof the
officer, firefighter, or volunteer firefighter
deleted text end as follows:

(1) for a surviving spouse, until the surviving spouse reaches the age of 65; and

(2) for each other dependent, until the dependent reaches the age of 26, except as
otherwise provided in section 62L.02, subdivision 11.

Sec. 4.

Minnesota Statutes 2016, section 299A.465, subdivision 3, is amended to read:


Subd. 3.

Coordination of benefits.

Health insurance benefits payable to the deleted text beginofficerdeleted text end
new text begin public safety employee new text endor new text beginvolunteer new text endfirefighter deleted text beginand the officer's or firefighter's dependentsdeleted text end
from any other source provide the primary coverage, and coverage available under this
section is secondary.

Sec. 5.

Minnesota Statutes 2016, section 299A.465, subdivision 4, is amended to read:


Subd. 4.

Public employer reimbursement.

A public employer subject to this section
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement to deleted text beginhelpdeleted text end defray deleted text begina portion ofdeleted text end its costs of complying with this section.
The commissioner shall provide deleted text beginan equal pro rata share to the public employerdeleted text end new text beginreimbursement
new text end out of the public safety officer's benefit account deleted text beginbased on the availability of funds for each
eligible officer, firefighter, and qualifying dependents. Individual shares
deleted text end new text beginestablished under
section 299A.42. The reimbursement amount
new text endmust not exceed the new text beginpublic employer's new text endactual
costs of providing coverage under this section by a public employer.

Sec. 6.

Minnesota Statutes 2016, section 299A.465, subdivision 5, is amended to read:


Subd. 5.

Definition.

For purposes of this section:

(a) "new text beginPublic safety employee" means:
new text end

new text begin (1) a new text endpeace officerdeleted text begin" or "officer" has the meaning given indeleted text end new text beginas defined in new text endsection 626.84,
subdivision 1
, paragraph (c)deleted text begin.deleted text endnew text begin;
new text end

new text begin (2) a full-time firefighter as defined in section 299N.03, subdivision 5; and
new text end

new text begin (3) a correctional officer as defined in section 241.026, subdivision 1, paragraph (b).
new text end

(b) "Dependent" means a person who: (1) meets the definition of dependent in section
62L.02, subdivision 11, at the time of the deleted text beginofficer's or firefighter'sdeleted text end new text beginpublic safety employee's
new text end injury or death, or at the time of the volunteer firefighter's death; and (2) is not covered
under another group health plan. For purposes of deleted text beginthisdeleted text end new text beginapplying new text endsectionnew text begin 62L.02, subdivision
11
new text end, the term "eligible employee" deleted text beginas defined under section 62L.02, subdivision 13, includesdeleted text end
new text begin means a public safety employee or new text enda volunteer firefighter.

deleted text begin (c) "Firefighter" has the meaning given in Minnesota Statutes 2000, section 424.03, but
does not include volunteer firefighters.
deleted text end

deleted text begin (d)deleted text end new text begin(c) new text end"Volunteer firefighter" has the meaning given in section 299N.03, subdivision
7
, and includes paid per call.

deleted text begin (e)deleted text end new text begin(d) new text end"Fire department" has the meaning given in section 299N.03, subdivision 4.

deleted text begin (f)deleted text end new text begin(e) new text endFor purposes of subdivisions 2 to 5a, "employer" includes a municipality or
municipalities that operate the fire department in which a volunteer firefighter serves.

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective July 1, 2018.
new text end