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Minnesota Legislature

Office of the Revisor of Statutes

SF 1146

as introduced - 91st Legislature (2019 - 2020) Posted on 03/15/2019 09:35am

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

Current Version - as introduced

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A bill for an act
relating to health; prohibiting discrimination based on status as a living organ
donor; extending paid leave benefits to living organ donors; requiring unpaid leave
for organ donors; making a conforming change; amending Minnesota Statutes
2018, sections 181.945; 424A.01, subdivision 6; proposing coding for new law in
Minnesota Statutes, chapter 62A; repealing Minnesota Statutes 2018, section
181.9456.

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

Section 1.

new text begin [62A.3065] DISCRIMINATION BASED ON STATUS AS A LIVING
ORGAN DONOR PROHIBITED.
new text end

new text begin (a) No health carrier shall decline to provide or limit coverage of an insured or otherwise
discriminate in the premium rating, offering, issuance, cancellation, amount of coverage,
or any other condition, based solely upon the status of an insured as a living organ donor
and without additional actuarial risks.
new text end

new text begin (b) No health carrier shall preclude an insured from donating all or part of an organ as
a condition of receiving or continuing to receive coverage under a health plan.
new text end

Sec. 2.

Minnesota Statutes 2018, section 181.945, is amended to read:


181.945 LEAVE FOR BONE MARROW new text beginOR ORGAN new text endDONATIONS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given to them in this subdivision.

(b) "Employee" means a person who performs services for hire for an employer, for an
average of 20 or more hours per week, and includes all individuals employed at any site
owned or operated by an employer. Employee does not include an independent contractor.

(c) "Employer" means a person or entity that employs 20 or more employees at at least
one site and includes an individual, corporation, partnership, association, nonprofit
organization, group of persons, state, county, town, city, school district, or other governmental
subdivision.

Subd. 2.

new text beginPaid new text endleave.

An employer must grant paid leaves of absence to an employee
who seeks to undergo a medical procedure to donate bone marrownew text begin or to donate an organ or
partial organ to another person
new text end. The combined length of the leaves shall be determined by
the employee, but may not exceed 40 work hours, unless agreed to by the employer. The
employer may require verification by a physician of the purpose and length of each leave
requested by the employee deleted text beginto donatedeleted text end new text beginfor new text endbone marrownew text begin or organ donationnew text end. If there is a medical
determination that the employee does not qualify as a bone marrow new text beginor organ new text enddonor, the paid
leave of absence granted to the employee prior to that medical determination is not forfeited.

new text begin Subd. 2a. new text end

new text begin Unpaid leave; organ donation. new text end

new text begin An employer must grant unpaid leaves of
absence to an employee who seeks to undergo a medical procedure to donate an organ or
partial organ to another person. The total length of leave under this subdivision and
subdivision 2 shall be determined by the employee, but must not exceed 12 weeks, unless
agreed to by the employer.
new text end

Subd. 3.

No employer sanctions.

An employer shall not retaliate against an employee
for requesting or obtaining a leave of absence as provided by this section.

Subd. 4.

Relationship to other leave.

This section does not prevent an employer from
providing leave for bone marrow new text beginor organ new text enddonations in addition to leave allowed under this
section. This section does not affect an employee's rights with respect to any other
employment benefit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 424A.01, subdivision 6, is amended to read:


Subd. 6.

Return to active firefighting after break in service.

(a) This subdivision
governs the service pension calculation requirements of a firefighter who returns to active
service after a break in service and applies to all breaks in service, except that the resumption
service requirements of this subdivision do not apply to leaves of absence made available
by federal statute, such as the Family Medical Leave Act, United States Code, title 29,
section 2691, and the Uniformed Services Employment and Reemployment Rights Act,
United States Code, title 38, section 4301, and do not apply to leaves of absence made
available by state statute, such as the Parental Leave Act, section 181.941; deleted text beginthedeleted text end leave for
new text begin bone marrow or new text endorgan donation deleted text beginActdeleted text end, section deleted text begin181.9456deleted text endnew text begin 181.945new text end; the Leave for Civil Air
Patrol Service Act, section 181.946; the Leave for Immediate Family Members of Military
Personnel Injured or Killed in Active Service Act, section 181.947; or the Protection of
Jurors' Employment Act, section 593.50.

(b)(1) If a firefighter who has ceased to perform or supervise fire suppression and fire
prevention duties for at least 60 days resumes performing active firefighting with the fire
department associated with the relief association, if the bylaws of the relief association so
permit, the firefighter may again become an active member of the relief association. A
firefighter who returns to active service and membership is subject to the service pension
calculation requirements under this section.

(2) A firefighter who has been granted an approved leave of absence not exceeding one
year by the fire department or by the relief association is exempt from the minimum period
of resumption service requirement of this section.

(3) A person who has a break in service not exceeding one year but has not been granted
an approved leave of absence and who has not received a service pension or disability benefit
may be made exempt from the minimum period of resumption service requirement of this
section by the relief association bylaws.

(4) If the bylaws so provide, a firefighter who returns to active relief association
membership under this paragraph may continue to collect a monthly service pension,
notwithstanding the service pension eligibility requirements under chapter 424A.

(c) If a former firefighter who has received a service pension or disability benefit returns
to active relief association membership under paragraph (b), the firefighter may qualify for
the receipt of a service pension from the relief association for the resumption service period
if the firefighter meets the service requirements of section 424A.016, subdivision 3, or
424A.02, subdivision 2. No firefighter may be paid a service pension more than once for
the same period of service.

(d) If a former firefighter who has not received a service pension or disability benefit
returns to active relief association membership under paragraph (b), the firefighter may
qualify for the receipt of a service pension from the relief association for the original and
resumption service periods if the firefighter meets the service requirements of section
424A.016, subdivision 3, or 424A.02, subdivision 2, based on the original and resumption
years of service credit.

(e) A firefighter who returns to active lump-sum relief association membership under
paragraph (b) and who qualifies for a service pension under paragraph (c) must have, upon
a subsequent cessation of duties, any service pension for the resumption service period
calculated as a separate benefit. If a lump-sum service pension had been paid to the firefighter
upon the firefighter's previous cessation of duties, a second lump-sum service pension for
the resumption service period must be calculated by applying the service pension amount
in effect on the date of the firefighter's termination of the resumption service for all years
of the resumption service.

(f) A firefighter who had not been paid a lump-sum service pension returns to active
relief association membership under paragraph (b), who did not meet the minimum period
of resumption service requirement specified in the relief association's bylaws, but who does
meet the minimum service requirement of section 424A.02, subdivision 2, based on the
firefighter's original and resumption years of active service, must have, upon a subsequent
cessation of duties, a service pension for the original and resumption service periods
calculated by applying the service pension amount in effect on the date of the firefighter's
termination of the resumption service, or, if the bylaws so provide, based on the service
pension amount in effect on the date of the firefighter's previous cessation of duties. The
service pension for a firefighter who returns to active lump-sum relief association membership
under this paragraph, but who had met the minimum period of resumption service requirement
specified in the relief association's bylaws, must be calculated by applying the service
pension amount in effect on the date of the firefighter's termination of the resumption service.

(g) If a firefighter receiving a monthly benefit service pension returns to active monthly
benefit relief association membership under paragraph (b), and if the relief association
bylaws do not allow for the firefighter to continue collecting a monthly service pension,
any monthly benefit service pension payable to the firefighter is suspended as of the first
day of the month next following the date on which the firefighter returns to active
membership. If the firefighter was receiving a monthly benefit service pension, and qualifies
for a service pension under paragraph (c), the firefighter is entitled to an additional monthly
benefit service pension upon a subsequent cessation of duties calculated based on the
resumption service credit and the service pension accrual amount in effect on the date of
the termination of the resumption service. A suspended initial service pension resumes as
of the first of the month next following the termination of the resumption service. If the
firefighter was not receiving a monthly benefit service pension and meets the minimum
service requirement of section 424A.02, subdivision 2, a service pension must be calculated
by applying the service pension amount in effect on the date of the firefighter's termination
of the resumption service for all years of service credit.

(h) A firefighter who was not receiving a monthly benefit service pension returns to
active relief association membership under paragraph (b), who did not meet the minimum
period of resumption service requirement specified in the relief association's bylaws, but
who does meet the minimum service requirement of section 424A.02, subdivision 2, based
on the firefighter's original and resumption years of active service, must have, upon a
subsequent cessation of duties, a service pension for the original and resumption service
periods calculated by applying the service pension amount in effect on the date of the
firefighter's termination of the resumption service, or, if the bylaws so provide, based on
the service pension amount in effect on the date of the firefighter's previous cessation of
duties. The service pension for a firefighter who returns to active relief association
membership under this paragraph, but who had met the minimum period of resumption
service requirement specified in the relief association's bylaws, must be calculated by
applying the service pension amount in effect on the date of the firefighter's termination of
the resumption service.

(i) For defined contribution plans, a firefighter who returns to active relief association
membership under paragraph (b) and who qualifies for a service pension under paragraph
(c) or (d) must have, upon a subsequent cessation of duties, any service pension for the
resumption service period calculated as a separate benefit. If a service pension had been
paid to the firefighter upon the firefighter's previous cessation of duties, and if the firefighter
meets the minimum service requirement of section 424A.016, subdivision 3, based on the
resumption years of service, a second service pension for the resumption service period
must be calculated to include allocations credited to the firefighter's individual account
during the resumption period of service and deductions for administrative expenses, if
applicable.

(j) For defined contribution plans, if a firefighter who had not been paid a service pension
returns to active relief association membership under paragraph (b), and who meets the
minimum service requirement of section 424A.016, subdivision 3, based on the firefighter's
original and resumption years of service, must have, upon a subsequent cessation of duties,
a service pension for the original and resumption service periods calculated to include
allocations credited to the firefighter's individual account during the original and resumption
periods of service and deductions for administrative expenses, if applicable, less any amounts
previously forfeited under section 424A.016, subdivision 4.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.9456, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-3274

181.9456 LEAVE FOR ORGAN DONATION.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have the meanings given to them in this subdivision.

(b) "Employee" means a person who performs services for hire for a public employer, for an average of 20 or more hours per week, and includes all individuals employed at any site owned or operated by a public employer. Employee does not include an independent contractor.

(c) "Employer" means a state, county, city, town, school district, or other governmental subdivision that employs 20 or more employees.

Subd. 2.

Leave.

An employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate an organ or partial organ to another person. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours for each donation, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee for organ donation. If there is a medical determination that the employee does not qualify as an organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.

Subd. 3.

No employer sanctions.

An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section.

Subd. 4.

Relationship to other leave.

This section does not prevent an employer from providing leave for organ donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.