2006 Minnesota Statutes

423A.14 OFFSETS FROM DISABILITY BENEFITS.
    Subdivision 1. Occurrence of offsets. If a police officer or firefighter, whichever is
applicable, who is a member of a local police or salaried firefighters' relief association becomes
disabled and is entitled to receive a disability benefit from the relief association and the disabled
person is also entitled to receive benefits pursuant to the workers' compensation law by virtue
of that disability, and the total of the disability benefit and the workers' compensation benefits
exceeds the salary which the disabled person received as of the date of the disability or the
salary currently payable to the same employment position or an employment position which is
substantially similar to the employment position which the person held as of the date of the
disability, whichever is greater, then the disability benefit of that person which is otherwise
payable shall be reduced to that amount which, when added to the workers' compensation
benefits, after deducting any amounts payable as attorney fees, medical benefits or rehabilitation
benefits, does not exceed the salary which the person received as of the date of the disability or
the salary currently payable to the same employment position or an employment position which
is substantially similar to the employment position which the person held as of the date of the
disability, whichever is greater.
    Subd. 2. Limitation. In no event shall the reduced disability benefit payable pursuant to the
requirements of subdivision 1 exceed the amount of the disability benefit otherwise payable
by the relief association without reference to subdivision 1 pursuant to the applicable statutes,
special laws, articles of incorporation and bylaws.
    Subd. 3. No offset for recomputed disability benefit. No offset pursuant to this section
shall be required after a disability benefit is recomputed as a service pension pursuant to section
423A.11.
    Subd. 4. Reporting requirement. Monthly, each city in which a local police or salaried
firefighters' relief association is located shall notify the secretary of the relief association of the
amounts payable to disabled police officers or firefighters, whichever is applicable, during the
month pursuant to the workers' compensation law.
    Subd. 5. Offset inapplicable in certain instances. If any reduction of benefits payable
pursuant to the workers' compensation law by virtue of the receipt of a disability benefit from a
local police or salaried firefighters' relief association is required pursuant to legislation enacted
by the 1982 regular session or by a subsequent regular or special session, the provisions of this
section shall not be applicable to any disability benefit recipient or any local police or salaried
firefighters' relief association.
History: 1982 c 610 s 6