LCPR03-248
1.1 ............... moves to amend the amendment to H.F. No.
1.2 ....; S.F. No. .... (LCPR03-243), as follows:
1.3 Page 34, line 14, before "No" insert "(a)"
1.4 Page 34, line 18, before "Following" insert:
1.5 "(b) Adequate proof of a disability must include a written
1.6 expert report by a licensed physician, or with respect to a
1.7 mental impairment, by a licensed psychologist.
1.8 (c)"
1.9 Page 38, after line 23, insert:
1.10 "Sec. 16. Minnesota Statutes 2002, section 353.656,
1.11 subdivision 5, is amended to read:
1.12 Subd. 5. PROOF OF DISABILITY. (a) A disability benefit
1.13 payment must not be made except upon adequate proof furnished to
1.14 the executive director of the association of the existence of
1.15 such disability, and during the time when disability benefits
1.16 are being paid, the executive director of the association has
1.17 the right, at reasonable times, to require the disabled member
1.18 to submit proof of the continuance of the disability claimed.
1.19 (b) Adequate proof of a disability must include a written
1.20 expert report by a licensed physician, or with respect to a
1.21 mental impairment, by a licensed psychologist.
1.22 (c) A person applying for or receiving a disability benefit
1.23 shall provide or authorize release of medical evidence,
1.24 including all medical records and information from any source,
1.25 relating to an application for disability benefits."
1.26 Page 42, after line 31, insert:
1.27 "Sec. 23. Minnesota Statutes 2002, section 422A.18,
1.28 subdivision 1, is amended to read:
1.29 Subdivision 1. MEDICAL EXPERT EXAMINATION. (a) Upon the
1.30 application of the head of the department in which a
1.31 contributing employee is employed, or upon the application of
1.32 the contributing employee or of one acting in the employee's
1.33 behalf, the retirement board shall place the contributor on
1.34 disability, provided and pay the person a disability allowance
1.35 under this section if the medical board, after a medical an
1.36 expert examination of the contributor made at the place of
2.1 residence of the contributor or at a place mutually agreed upon,
2.2 shall certify to the retirement board that the contributor is
2.3 physically or mentally incapacitated for the performance of
2.4 further service to the city and recommend that the contributor
2.5 be placed on disability.
2.6 (b) The medical board shall consist of the city physician,
2.7 a physician or licensed psychologist to be selected by the
2.8 retirement board, and a physician or licensed psychologist to be
2.9 selected by the employee.
2.10 (c) Disability of an employee resulting from injury or
2.11 illness received in the performance of the duties of the city
2.12 service shall be defined as duty disability.
2.13 (d) Disability incurred as a result of injury or illness
2.14 not connected with the performance of such service shall be
2.15 defined as nonduty disability. In order to be entitled to a
2.16 retirement allowance for a nonduty disability an employee shall
2.17 have rendered five or more years of service to the city.
2.18 Sec. 24. Minnesota Statutes 2002, section 422A.18,
2.19 subdivision 4, is amended to read:
2.20 Subd. 4. ADDITIONAL MEDICAL EXAMINATIONS. (a) Once each
2.21 year, the retirement board may require any disability
2.22 beneficiary while still under the established age for retirement
2.23 to undergo medical an expert examination by a physician or one
2.24 or more physicians or one or more licensed psychologists
2.25 designated by the retirement board,. The examination to must be
2.26 made at the place of residence of the beneficiary or other place
2.27 mutually agreed upon. Should
2.28 (b) If the medical board report and certify certifies to
2.29 the retirement board that such the disability beneficiary is no
2.30 longer physically or mentally incapacitated for the performance
2.31 of duty, the beneficiary's allowance shall must be discontinued
2.32 and the head of the department in which the beneficiary was
2.33 employed at the time of retirement shall, upon notification by
2.34 the retirement board of the report of the medical board,
2.35 reemploy the beneficiary at a rate of salary not less than the
2.36 amount of the disability allowance, but.
3.1 (c) After the expiration of five years subsequent to the
3.2 retirement of such the beneficiary, the restoration to duty,
3.3 notwithstanding the recommendation of the medical board, shall
3.4 be is optional with the head of the department. Should If any
3.5 disability beneficiary while under the established age for
3.6 retirement refuse refuses to submit to at least one
3.7 medical expert examination in any year by a physician or one or
3.8 more physicians or one or more licensed psychologists designated
3.9 by the medical board, the allowance shall must be discontinued
3.10 until the withdrawal of such refusal, and should such refusal
3.11 continue for one year, all the beneficiary's rights in and to
3.12 any retirement or disability allowance shall be are forfeited.
3.13 Sec. 25. Minnesota Statutes 2002, section 423B.09,
3.14 subdivision 4, is amended to read:
3.15 Subd. 4. CERTIFICATE OF PHYSICIANS REQUIRED. (a) No
3.16 member is entitled to a pension under subdivision 1, paragraph
3.17 (b) or (c), except upon the certificate of two or more
3.18 physicians or, surgeons, licensed psychologists, or a
3.19 combination of experts chosen by the governing board. This
3.20 certificate must set forth the cause, nature, and extent of the
3.21 disability, disease, or injury of the member.
3.22 (b) No active member may be awarded, granted, or paid a
3.23 disability pension under subdivision 1, paragraph (c), unless
3.24 the certificate states that the disability, disease, or injury
3.25 was incurred or sustained by the member while in the service of
3.26 the police department of the city. The certificate must be
3.27 filed with the secretary of the association.
3.28 Sec. 26. Minnesota Statutes 2002, section 423C.05,
3.29 subdivision 4, is amended to read:
3.30 Subd. 4. TEMPORARY DISABILITY PENSION. (a) An active
3.31 member who, by sickness or accident, becomes temporarily
3.32 disabled from performing firefighter duties for the fire
3.33 department shall be is entitled to a temporary disability
3.34 pension.
3.35 (b) No allowance for disability shall may be made unless
3.36 notice of the disability and an application for benefits is made
4.1 by or on behalf of the disabled member within 90 days after the
4.2 beginning of the disability. This application shall must
4.3 include a certificate from a qualified medical professional
4.4 expert setting forth the cause, nature, and extent of the
4.5 disability. This certificate must also conclude that the
4.6 disability was incurred or sustained while the member was in the
4.7 service of the fire department.
4.8 (c) The board shall utilize the board of examiners
4.9 established pursuant to under section 423C.03, subdivision 6, to
4.10 investigate and report on an application for benefits pursuant
4.11 to under this section and to make recommendations as to
4.12 eligibility and the benefit amount to be paid.
4.13 (d) A member entitled to a disability pension shall must
4.14 receive benefits in the amount and manner determined by the
4.15 board.
4.16 Sec. 27. Minnesota Statutes 2002, section 423C.05,
4.17 subdivision 5, is amended to read:
4.18 Subd. 5. SERVICE-RELATED PERMANENT DISABILITY PENSION.
4.19 An active member who becomes permanently disabled as the result
4.20 of a service-related disease or injury shall is, upon
4.21 application and approval of the board, be entitled to a pension
4.22 of 41 units or in the amount determined under subdivision 8.
4.23 The application for service-related permanent disability shall
4.24 must include a certificate from a qualified medical professional
4.25 expert setting forth the permanent nature of the disability or
4.26 disease and that it was service related.
4.27 Sec. 28. Minnesota Statutes 2002, section 423C.05,
4.28 subdivision 6, is amended to read:
4.29 Subd. 6. NON-SERVICE-RELATED PERMANENT DISABILITY
4.30 PENSION. An active member who, by sickness or accident, becomes
4.31 permanently disabled and unable to perform firefighter duties
4.32 for the fire department due to non-service-related disease or
4.33 injury shall be is entitled to a permanent disability pension.
4.34 No allowance for disability shall may be made unless notice of
4.35 the disability and an application for benefits is made by or on
4.36 behalf of the disabled member within 90 days after the beginning
5.1 of the disability. This application shall must include a
5.2 certificate from a qualified medical professional setting forth
5.3 the cause, nature, and extent of the disability. A member
5.4 entitled to a disability pension under this subdivision shall
5.5 must receive benefits in the amount and manner determined by the
5.6 board, not to exceed 41 units.
5.7 Sec. 29. Minnesota Statutes 2002, section 423C.05, is
5.8 amended by adding a subdivision to read:
5.9 Subd. 6a. QUALIFIED EXPERT. A qualified expert includes
5.10 a licensed physician, or in the case of mental impairment,
5.11 includes a licensed psychologist."
5.12 Renumber the sections in sequence
5.13 Correct the internal references
5.14 Amend the title accordingly