DEA1086
Representative Steve Smith moves to amend S. F. No. 676, the third engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 1086, the third engrossment:
A04-1486
1.1 ............... moves to amend S. F. No. 676, as amended,
1.2 as follows:
1.3 Pages 106 to 108, delete sections 5 and 6
1.4 Page 108, line 4, delete "1, 2, 5, and 6" and insert "1 and
1.5 2"
1.6 Renumber the sections in sequence and correct the internal
1.7 references
1.8 Amend the title accordingly
HDA-737
1.1 ............... moves to amend S. F. No. 676, as amended,
1.2 as follows:
1.3 Page 19, line 13, delete "or"
1.4 Page 19, line 16, after "System" insert ";
1.5 (5) to an employee of the Minnesota Crop Improvement
1.6 Council; or
1.7 (6) to an employee of the Minnesota Historical Society"
1.8 Page 20, line 20, delete everything after "(c)"
1.9 Page 20, line 21, delete "date of section 6, section" and
1.10 insert "Section"
1.11 Page 71, after line 13, insert:
1.12 "Sec. 31. Minnesota Statutes 2002, section 354A.36,
1.13 subdivision 4, is amended to read:
1.14 Subd. 4. DETERMINATION OF DISABILITY. The board of the
1.15 teachers retirement fund association shall make the final
1.16 determination of the existence of a permanent and total
1.17 disability. The board shall have the coordinated member
1.18 examined by at least two licensed physicians, licensed
1.19 chiropractors, or licensed psychologists who shall be are
1.20 selected by the board. After making any required examinations,
1.21 each physician, chiropractor, or psychologist with respect to a
1.22 mental impairment, shall make a written report to the board
1.23 concerning the coordinated member, which shall include a
1.24 statement of the physician's medical expert opinion of the
2.1 physician, chiropractor, or psychologist as to whether or not
2.2 the member is permanently and totally disabled within the
2.3 meaning of section 354A.011, subdivision 14. The board shall
2.4 also obtain a written statement from the school district
2.5 employer as to whether or not the coordinated member was
2.6 terminated or separated from active employment due to a
2.7 disability which is deemed by the district employer to
2.8 reasonably prevent further service by the member to the district
2.9 employer and which caused the coordinated member not to be
2.10 entitled to further compensation from the district employer for
2.11 services rendered by the member. If, after consideration of the
2.12 reports of the physicians, chiropractors, or psychologists with
2.13 respect to a mental impairment, and any evidence presented by
2.14 the member or by any other interested parties, the board
2.15 determines that the coordinated member is totally and
2.16 permanently disabled within the meaning of section 354A.011,
2.17 subdivision 14, it shall grant the coordinated member a
2.18 disability benefit. The fact that A member has been who is
2.19 placed on a leave of absence without compensation as a result of
2.20 the disability shall is not operate to bar barred a
2.21 coordinated member from receiving a disability benefit under
2.22 this section.
2.23 Sec. 32. Minnesota Statutes 2002, section 354A.36,
2.24 subdivision 6, is amended to read:
2.25 Subd. 6. REQUIREMENT FOR REGULAR PHYSICAL EXAMINATIONS.
2.26 At least once each year during the first five years following
2.27 the granting of a disability benefit to a coordinated member by
2.28 the board and at least once in every three year period
2.29 thereafter, the board shall require the disability benefit
2.30 recipient to undergo a medical an expert examination as a
2.31 condition for continued entitlement of the benefit recipient to
2.32 receive a disability benefit. The medical expert examination
2.33 shall must be made at the place of residence of the disability
2.34 benefit recipient or at any other place mutually agreeable to
2.35 the disability benefit recipient and the board. The medical
2.36 expert examination shall must be made by a physician or
3.1 physicians, by a chiropractor or chiropractors, or by one or
3.2 more psychologists engaged by the board. The physician or
3.3 physicians, the chiropractor or chiropractors, or the
3.4 psychologist or psychologists with respect to a mental
3.5 impairment, conducting the medical expert examination shall make
3.6 a written report to the board concerning the disability benefit
3.7 recipient and the recipient's disability, including a statement
3.8 of the physician's medical expert opinion of the physician,
3.9 chiropractor, or psychologist as to whether or not the member
3.10 remains permanently and totally disabled within the meaning of
3.11 section 354A.011, subdivision 14. If the board determines from
3.12 consideration of the physician's written medical expert
3.13 examination report of the physician, of the chiropractor, or of
3.14 the psychologist, with respect to a mental impairment, that the
3.15 disability benefit recipient is no longer permanently and
3.16 totally disabled or if the board determines that the benefit
3.17 recipient is engaged or is able to engage in a gainful
3.18 occupation, unless the disability benefit recipient is partially
3.19 employed pursuant to under subdivision 7, then further
3.20 disability benefit payments from the fund shall must be
3.21 discontinued. The discontinuation of disability benefits shall
3.22 must occur immediately if the disability recipient is reinstated
3.23 to the district payroll following sick leave and within 60 days
3.24 of the determination by the board following the medical expert
3.25 examination and report of the physician or physicians,
3.26 chiropractor or chiropractors, or psychologist or psychologists
3.27 engaged by the board that the disability benefit recipient is no
3.28 longer permanently and totally disabled within the meaning of
3.29 section 354A.011, subdivision 14."
3.30 Pages 127 to 135, delete Article 19
3.31 Renumber the sections in sequence
3.32 Correct the internal references
3.33 Amend the title accordingly