2006 Minnesota Statutes

65B.61 BENEFITS PRIMARY; SUBTRACTIONS; COORDINATION.
    Subdivision 1. Generally; exception for workers' compensation benefits. Basic economic
loss benefits shall be primary with respect to benefits, except for those paid or payable under a
workers' compensation law, which any person receives or is entitled to receive from any other
source as a result of injury arising out of the maintenance or use of a motor vehicle. Where
workers' compensation benefits paid or payable are primary, the reparation obligor shall make an
appropriate rebate or reduction in the premiums of the plan of reparation security. The amount of
the rebate or rate reduction shall be not less than the amount of the projected reduction in benefits
and claims for which the reparation obligor will be liable on that class of risks. The projected
reduction or rebate in benefits and claims shall be based upon sound actuarial principles.
    Subd. 2. Disability income loss benefits; coordination with workers' compensation
benefits. If benefits are paid or payable under a workers' compensation law because of the injury,
no disability income loss benefits are payable unless the weekly workers' compensation disability
benefits are less than the weekly disability benefit as set out in section 65B.44, subdivision 3,
in which case the reparation obligor shall pay to the injured person the amount that the weekly
disability and income loss benefits payable under section 65B.44, subdivision 3, exceeds the
weekly workers' compensation disability benefits.
    Subd. 2a. Survivors' economic loss benefits; coordination with workers' compensation
death benefits. If benefits are paid or payable under a workers' compensation law because of
death, no survivors' economic loss benefits are payable unless the weekly workers' compensation
dependency allowance is less than the weekly survivors' economic loss benefit rate as set out in
section 65B.44, subdivision 6, in which case the reparation obligor shall pay to the surviving
dependents the amount that the weekly survivors' economic loss benefits payable under section
65B.44, subdivision 6, exceed the weekly workers' compensation dependency allowances.
    Subd. 2b.[Repealed, 1984 c 420 s 2]
    Subd. 3. General right to coordinate benefits. Any legal entity, other than a reparation
obligor obligated to pay benefits under a plan of reparation security or an insurer or employer
obligated to pay benefits under a workers' compensation law, may coordinate any benefits it is
obligated to pay for loss incurred as a result of injury arising out of the maintenance or use of a
motor vehicle with basic economic loss benefits. No entity may coordinate benefits pursuant to
this subdivision, unless it provides an appropriately reduced premium rate. The amount of this
rate reduction shall be not less than the amount of the projected reduction in benefits and claims
for which the entity will be liable on that class of risks, less the additional reasonable expenses
incurred to administer the plan coordinating benefits. The projected reduction in benefits and
claims shall be based upon sound actuarial principles.
    Subd. 4.[Repealed, 1979 c 57 s 2]
History: 1974 c 408 s 21; 1975 c 359 s 23; 1979 c 57 s 1; 1980 c 539 s 2-5; 1984 c 420
s 1; 1995 c 258 s 51