2002 Minnesota Statutes

     352B.10 Disability benefits. 

    Subdivision 1.    Injuries, payment amounts.  Any member 
 who becomes disabled and physically or mentally unfit to perform 
 duties as a direct result of an injury, sickness, or other 
 disability incurred in or arising out of any act of duty, shall 
 receive disability benefits while disabled.  The benefits must 
 be paid in monthly installments equal to the member's average 
 monthly salary multiplied by 60 percent, plus an additional 
 percent equal to that specified in section 356.315, subdivision 
 6, for each year and pro rata for completed months of service in 
 excess of 20 years, if any. 

    Subd. 2.    Disabled while not on duty.  If a member 
 terminates employment after at least one year of service because 
 of sickness or injury occurring while not on duty and not 
 engaged in state work entitling the member to membership, and 
 the member becomes disabled and physically or mentally unfit to 
 perform the duties of the position because of sickness or injury 
 occurring while not engaged in covered employment, the member is 
 entitled to disability benefits.  The benefit must be in the 
 same amount and computed in the same way as if the member were 
 55 years old at the date of disability and the annuity were paid 
 under section 352B.08.  If disability under this clause occurs 
 after one but before 15 years service, the disability benefit 
 must be computed as though the member had 15 years service. 

    Subd. 3.    Annual and sick leave; work at lower pay.  
 No member shall receive any disability benefit payment when the 
 member has unused annual leave or sick leave or under any other 
 circumstances, when during the period of disability there has 
 been no impairment of salary.  Should the member or former 
 member resume gainful work, the disability benefit must be 
 continued in an amount which when added to current earnings does 
 not exceed the salary rate received of the person at the date of 
 disability as adjusted by the same percentage increase in United 
 States average wages used by social security in calculating 
 average indexed monthly earnings for the same period. 

    Subd. 4.    Proof of disability.  No disability benefit 
 payment shall be made except upon adequate proof furnished to 
 the director of the existence of the disability.  While 
 disability benefits are being paid, the director has the right, 
 at reasonable times, to require the disabled former member to 
 submit proof of the continuance of the disability claimed.  

    Subd. 5.    Optional annuity.  A disabled member may, in 
 lieu of survivorship coverage under section 352B.11, subdivision 
 2, choose 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 before commencement of payment of 
 the disability benefit, or within 90 days of attaining age 65 or 
 reaching the five-year anniversary of the effective date of the 
 disability benefit, whichever is later.  It is effective on the 
 date on which the disability benefit begins to accrue, or the 
 month following attainment of age 65 or the five-year 
 anniversary of the effective date of the disability benefit, 
 whichever is later.  

    HIST: 1943 c 637 s 8; 1957 c 869 s 6; 1959 c 642 s 5; 1961 c 
 493 s 3; 1965 c 889 s 4; 1969 c 693 s 3; 1973 c 178 s 11; 1973 c 
 755 s 3; 1975 c 359 s 23; 1977 c 429 s 16; 1981 c 68 s 14; 
 1Sp1985 c 7 s 8; 1986 c 444; 1987 c 229 art 7 s 1; 1989 c 319 
 art 1 s 11; art 17 s 8,9; 1992 c 464 art 1 s 40; 1993 c 307 art 
 2 s 12-14; 1995 c 262 art 3 s 3; 1996 c 438 art 2 s 3; 1997 c 
 233 art 1 s 33; 1Sp2001 c 10 art 3 s 15; 2002 c 392 art 11 s 52