2004 Minnesota Statutes

     353B.08 Disability benefits. 

    Subdivision 1.    Duty disability eligibility 
 requirements.  (a) For any former member of a consolidating 
 relief association, upon termination of active employment as a 
 police officer or firefighter, whichever applies, in the 
 municipality in which the consolidating local relief association 
 was located, any person who was a member of a consolidating 
 local relief association who is not entitled to a service 
 pension, who becomes disabled from an injury or illness arising 
 out of or in the course of the line of duty shall be entitled 
 upon application to receive a duty disability benefit. 

    (b) The additional requirement of the acquisition of credit 
 for at least one month of allowable service credit shall apply 
 for former members of the Winona Fire Department Relief 
 Association. 

    Subd. 2.    Nonduty disability eligibility requirements. 
  (a) For any former member of a consolidating relief 
 association, upon termination of active employment as a police 
 officer or firefighter, whichever applies, in the municipality 
 in which the consolidating local relief association was located, 
 any person who was a member of a consolidating local relief 
 association, who is not entitled to a service pension, who 
 becomes disabled from an injury or illness which does not arise 
 out of or does not occur in the course of the line of duty shall 
 be entitled upon application to receive a nonduty disability 
 benefit. 

    (b) The following additional requirement shall apply for 
 the former members of the consolidating relief associations as 
 indicated: 

    (1) the acquisition of credit for at least ten years of 
 allowable service credit, Chisholm Firefighters Relief 
 Association; and 

    (2) the acquisition of credit for at least one month of 
 allowable service credit, Winona Fire Department Relief 
 Association.  

    Subd. 2a.    Classes of disabilities in certain instances. 
  (a) Except as specified in paragraph (b), there shall be no 
 classes of disabilities or disability benefits for former 
 members of consolidating relief associations.  

    (b) The classes for disabilities and disability benefits 
 shall be the following for the former members of the 
 consolidating relief associations as indicated: 

    (1) A first class disability shall be a total inability to 
 engage in any gainful employment resulting from any medically 
 determinable injury or illness, a second class disability shall 
 be an inability to engage in any gainful employment resulting 
 from any medically determinable injury or illness which is 
 greater than a 50 percent inability and less than a total 
 inability, and a third class disability shall be an inability to 
 engage in any gainful employment resulting from any medically 
 determinable injury or illness which is less than a 50 percent 
 inability but is an inability to perform the duties of a 
 firefighter in the municipality, Hibbing Firefighters Relief 
 Association; and 

    (2) A disability shall be an inability to perform the 
 duties of a firefighter in the municipality resulting from any 
 medically determinable injury or illness, with a first class 
 disability additionally requiring an inability to perform any 
 manual labor, a second class disability additionally 
 encompassing a disability less severe than a first class 
 disability allowing for the performance of light manual labor or 
 office work, and a third class disability additionally 
 encompassing a disability less severe than a second class 
 disability allowing for the performance of manual labor which is 
 less strenuous or demanding than light manual labor, Minneapolis 
 Fire Department Relief Association.  

    Subd. 3.    Application.  Every claim or demand for a 
 disability benefit shall be initiated by a written application 
 on a form prescribed by the executive director of the Public 
 Employees Retirement Association which shall be accompanied by 
 medical evidence to support the claimed disability. 

    Subd. 4.    Medical evidence; benefit eligibility; 
 determination.  The medical basis for the claimed disability 
 and the eligibility for a disability benefit shall be evaluated 
 by the medical adviser for the Public Employees Retirement 
 Association.  If the submitted medical evidence is not 
 conclusive to establish the claimed disability and eligibility 
 for a disability benefit, the medical adviser shall notify the 
 executive director of the Public Employees Retirement 
 Association of that situation and the executive director shall 
 undertake referral of the applicant to the applicable medical 
 consultants for examination and medical recommendation.  The 
 recommendation of the medical adviser and that of any medical 
 consultants shall be reviewed by the executive director.  If 
 there is sufficient evidence of the claimed disability and 
 eligibility for a disability benefit, the executive director of 
 the Public Employees Retirement Association shall grant the 
 person the disability benefit.  An appeal of any adverse 
 determination may be made to the board of the Public Employees 
 Retirement Association.  

    Subd. 5.    Benefit accrual.  The benefit shall accrue 
 from the first day of the month next following the commencement 
 of the disability or the first day of the month next following 
 the date on which any sick leave, annual leave, or salary 
 continuation payments cease. 

    Subd. 6.    Duty disability benefit amount.  (a) The 
 duty disability benefit shall be an amount equal to the service 
 pension amount to which the person would have been entitled if 
 the person had credit for the greater of actual years of 
 allowable service or 20 years of allowable service, had attained 
 the minimum age for the receipt of a service pension, and had 
 applied for a service pension rather than a disability benefit 
 for the former members of the following consolidating relief 
 associations: 

    (1) Albert Lea Firefighters Relief Association; 

    (2) Albert Lea Police Relief Association; 

    (3) Anoka Police Relief Association; 

    (4) Austin Police Relief Association; 

    (5) Buhl Police Relief Association; 

    (6) Chisholm Police Relief Association; 

    (7) Duluth Police Relief Association; 

    (8) Faribault Fire Department Relief Association; 

    (9) Mankato Police Benefit Association; 

    (10) Minneapolis Police Relief Association; 

    (11) New Ulm Police Relief Association; 

    (12) Red Wing Police Relief Association; 

    (13) St. Paul Police Relief Association; 

    (14) South St. Paul Police Relief Association; and 

    (15) Virginia Police Relief Association. 

    (b) The duty disability benefit shall be an amount equal to 
 48 percent of the salary base for the former members of the 
 following consolidating relief associations: 

    (1) Fridley Police Pension Association; 

    (2) Richfield Police Relief Association; 

    (3) Rochester Fire Department Relief Association; 

    (4) Rochester Police Relief Association; 

    (5) St. Cloud Fire Department Relief Association; 

    (6) St. Cloud Police Relief Association; 

    (7) St. Louis Park Police Relief Association; and 

    (8) Winona Police Relief Association. 

    (c) The duty disability benefit shall be an amount equal to 
 50 percent of the salary base for the former members of the 
 following consolidating relief associations: 

    (1) Austin Firefighters Relief Association; 

    (2) Crookston Fire Department Relief Association; 

    (3) Fairmont Police Benefit Association; 

    (4) Mankato Fire Department Relief Association; 

    (5) South St. Paul Firefighters Relief Association; and 

    (6) Virginia Fire Department Relief Association.  

    (d) The duty disability benefit shall be an amount equal to 
 45 percent of the salary base for the former members of the 
 Crystal Police Relief Association. 

    (e) The duty disability benefit shall be an amount equal to 
 40 percent of the salary base for the former members of the 
 following consolidating relief associations: 

    (1) West St. Paul Firefighters Relief Association; and 

    (2) West St. Paul Police Relief Association.  

    (f) The duty disability benefit shall be the following for 
 the former members of the consolidating relief associations as 
 indicated: 

    (1) 52 percent of the salary base for former members who 
 were disabled before January 31, 1994, and 48 percent of the 
 salary base for former members who become disabled after January 
 31, 1994, Bloomington Police Relief Association; 

    (2) 40 percent of the top salary for a patrol officer, 
 Brainerd Police Relief Association; 

    (3) $100 per month, Chisholm Firefighters Relief 
 Association; 

    (4) 37.5 percent of the salary base if the person has 
 credit for less than ten years of allowable service, 43.75 
 percent of the salary base if the person has credit for more 
 than nine years but less than 15 years of allowable service and 
 50 percent of the salary base if the person has credit for more 
 than 14 years of allowable service credit, Columbia Heights Fire 
 Department Relief Association, Paid Division; 

    (5) 43.75 percent of the salary base, Columbia Heights 
 Police Relief Association; 

    (6) 25 percent of the salary base if the person has credit 
 for less than 12 years of allowable service and an additional 
 amount equal to 2.5 percent of the salary base per year if 
 allowable service for each year of allowable service in excess 
 of 11 years of allowable service, not more than 50 percent, 
 Crookston Police Relief Association; 

    (7) 51.0625 percent of the salary base, Duluth Firefighters 
 Relief Association; 

    (8) 12.5 percent of the salary base if the person has 
 credit for less than six years of allowable service, 2.5 percent 
 of the salary base per year of allowable service if the person 
 has more than five years of allowable service, but not more than 
 50 percent of the salary base, Faribault Police Benefit 
 Association; 

    (9) the dollar amount which equals the benefit which would 
 be payable under chapter 176 for a comparable benefit which 
 qualifies for a workers' compensation benefit for a first class 
 disability, 75 percent of the amount payable in the event of a 
 first class disability for a second class disability and 50 
 percent of the amount payable in the event of a first class 
 disability for a third class disability, Hibbing Firefighters 
 Relief Association; 

    (10) $120 per month, Hibbing Police Relief Association; 

    (11) 51.25 percent of the salary base for a first class 
 disability, 41.25 percent of the salary base for a second class 
 disability, and 31.25 percent of the salary base for a third 
 class disability, Minneapolis Fire Department Relief 
 Association; 

    (12) 40 percent of the salary base if the person has credit 
 for less than 20 years of allowable service and two percent of 
 the salary base per year of allowable service if the person has 
 more than 19 years of allowable service, but not more than 50 
 percent, Red Wing Fire Department Relief Association; 

    (13) 54 percent of the salary base, Richfield Fire 
 Department Relief Association; 

    (14) 50 percent of the salary base if the person has credit 
 for less than 20 years of allowable service and an amount equal 
 to the service pension amount to which the person would have 
 been entitled based on the applicable amount of allowable 
 service if the person had attained the minimum age for the 
 receipt of a service pension and had applied for a service 
 pension rather than a disability benefit and if the person has 
 credit for at least 20 years of allowable service, St. Louis 
 Park Fire Department Relief Association; 

    (15) 50 percent of the salary base if the person is not 
 able to perform the duties of any other gainful employment, 
 39.375 percent of the salary base if the person is only able to 
 perform the duties of light manual labor or office employment 
 and 33.75 percent of the salary base if the person is able to 
 perform the duties of other manual labor, St. Paul Fire 
 Department Relief Association; and 

    (16) 42.667 percent of the salary base, Winona Fire 
 Department Relief Association. 

    Subd. 7.    Nonduty disability benefit amount.  (a) 
 Except as specified in paragraph (b) or (c), the nonduty 
 disability benefit shall be an amount equal to the amount of the 
 duty disability benefit. 

    (b) The nonduty disability benefit shall be the following 
 for the former members of the consolidating relief associations 
 as indicated: 

    (1) of the salary of a top patrol officer, 30 percent if 
 the person has credit for less than ten years of allowable 
 service and 40 percent if the person has credit for ten or more 
 years of allowable service, Brainerd Police Benefit Association; 

    (2) a percentage of the salary base ranging from 39.8125 
 percent to 51.0625 percent as determined by the executive 
 director of the Public Employees Retirement Association based on 
 the severity of the circumstances and the extent of disability 
 of the person, applied in a uniform manner and reflective to the 
 extent practicable or determinable to the past administrative 
 practices of the board of the consolidating relief association 
 before the effective date of the consolidation, Duluth 
 Firefighters Relief Association; 

    (3) two percent of the salary base per year of allowable 
 service but in total not less than ten percent of the salary 
 base and not more than 40 percent of the salary base, Red Wing 
 Fire Department Relief Association; 

    (4) two percent of the salary base per year of allowable 
 service but in total not more than 40 percent of the salary 
 base, St. Paul Police Relief Association; and 

    (5) 35 percent of the salary base, Virginia Fire Department 
 Relief Association. 

    (c) No nonduty benefit shall be payable from the Crookston 
 Fire Department Relief Association. 

    Subd. 8.    Workers' compensation offset.  (a) Except as 
 specified in paragraph (b) and except to the extent that section 
 423A.14 applies, there shall be no reduction in the amount of 
 any disability benefit by virtue of the receipt of any workers' 
 compensation benefit or amount under chapter 176. 

    (b) The amount of any disability benefit payable shall be 
 reduced by the amount of any workers' compensation benefit or 
 amount received or receivable under chapter 176 for the former 
 members of the following consolidating relief associations: 

    (1) Crookston Fire Department Relief Association; 

    (2) Red Wing Police Relief Association; and 

    (3) West St. Paul Police Relief Association.  

    Subd. 9.    Other benefit offsets.  (a) Except as 
 specified in paragraph (b) and except to the extent that section 
 423A.14 applies, there shall be no reduction in the amount of 
 any disability benefit by virtue of any gainful compensation 
 engaged in following the commencement of the disability benefit. 

    (b) The amount of any disability benefit payable shall be 
 reduced by the amount by which the benefit and income from any 
 gainful employment exceeds 120 percent of the salary base for 
 the former members of the West St. Paul Firefighters Relief 
 Association. 

    Subd. 10.    Other disability benefit coverage.  (a) For 
 former members of the Buhl Police Relief Association, a disabled 
 member shall be entitled to a short-term disability benefit of 
 $8 per day for a maximum of 26 weeks, during which period no 
 duty or nonduty disability benefit shall be payable. 

    (b) For former members of the Crookston Police Relief 
 Association, an additional benefit of $25 per month for each 
 child of the disabled person who has not attained the age of 18 
 years and who is actually dependent on the disabled person shall 
 be payable, but in combination with the disability benefit 
 payable as provided in subdivision 6 or 7, the total benefit 
 shall not exceed 50 percent of the salary base.  

    Subd. 11.    Subsequent medical reexaminations.  
 Periodically, upon the recommendation of the medical adviser 
 appointed as provided in section 353.33, subdivision 6a, based 
 on the medical nature of the initial qualifying disability and 
 its potential for improvement or recovery, the executive 
 director of the Public Employees Retirement Association shall 
 have a former member of a consolidating relief association who 
 is receiving a disability benefit reexamined and reevaluated for 
 continued entitlement to a disability benefit.  If, upon the 
 recommendation of the medical adviser, the executive director 
 determines that the person is no longer entitled to receive a 
 disability benefit, the disability benefit shall be discontinued 
 effective as of the first day of the second month following that 
 determination and the person shall be considered for 
 reemployment as a police officer or a firefighter, whichever 
 applies, by the municipality in which the consolidating relief 
 association was located. 

    Subd. 12.    Return to service.  If a former member of a 
 consolidating relief association who was receiving a disability 
 benefit returns to active employment by a governmental 
 subdivision, the disability benefit shall terminate, the person 
 shall return to the appropriate active member status and shall 
 retain any service credit rendered before the receipt of the 
 disability benefit. 

    Subd. 13.    Recomputation of disability benefit.  (a) 
 Except as additionally provided in paragraph (b), a disability 
 benefit shall be recomputed as a service pension as provided in 
 section 423A.11.  

    (b) A disability benefit shall be subject to the following 
 recomputation as a service pension for the former members of the 
 consolidating relief associations as indicated: 

    (1) for a person with 15 or more years of allowable 
 service, the disability benefit shall be recomputed as a service 
 pension upon the person attaining the age of 50 years based on 
 credited allowable service, assuming a minimum of 20 years of 
 service, Columbia Heights Fire Department Relief Association, 
 Paid Division; 

    (2) for a person with more than 21 years of allowable 
 service, the disability benefit shall be recomputed as a service 
 pension upon the person attaining the age of 50 years based on 
 credited allowable service, Crystal Police Relief Association; 
 and 

    (3) for a person with sufficient allowable service to 
 result in a service pension amount greater than 40 percent of 
 the salary base, the disability benefit shall be recomputed as a 
 service pension upon the person attaining the age of 50 years 
 based on credited allowable service, St. Paul Police Relief 
 Association. 

    HIST: 1987 c 296 s 25; 1993 c 202 art 2 s 2; 1997 c 241 art 2 
 s 3