LCPR04-168
1.1 ............... moves to amend H.F. No. ....; S.F. No.
1.2 ...., as follows:
1.3 Page .., after line .., insert:
1.4 "Sec. ... Minnesota Statutes 2002, section 299A.465,
1.5 subdivision 1, is amended to read:
1.6 Subdivision 1. OFFICER OR FIREFIGHTER DISABLED IN LINE OF
1.7 DUTY. (a) This subdivision applies when a peace officer or
1.8 firefighter suffers a disabling injury that:
1.9 (1) results in the officer's or firefighter's retirement or
1.10 separation from service;
1.11 (2) occurs while the officer or firefighter is acting in
1.12 the course and scope of duties performing hazardous duty as a
1.13 peace officer or firefighter and substantiated by medical and
1.14 employer-provided evidence submitted as part of the disability
1.15 benefit application process; and
1.16 (3) the officer or firefighter has been approved to receive
1.17 the officer's or firefighter's duty-related disability pension;
1.18 and
1.19 (4) in the case of posttraumatic stress disorder, or other
1.20 mental disorder or illness, the injury occurs as a direct result
1.21 of the police officer having intentionally taken a life or
1.22 caused great bodily harm to another person.
1.23 (b) The officer's or firefighter's employer shall continue
1.24 to provide health coverage for:
1.25 (1) the officer or firefighter; and
1.26 (2) the officer's or firefighter's dependents if the
1.27 officer or firefighter was receiving dependent coverage at the
1.28 time of the injury under the employer's group health plan.
1.29 (c) The employer is responsible for the continued payment
1.30 of the employer's contribution for coverage of the officer or
1.31 firefighter and, if applicable, the officer's or firefighter's
1.32 dependents on the same basis as other similarly situated active
1.33 employees. Coverage The employer's financial contribution must
1.34 continue for the officer or firefighter and, if applicable, the
1.35 officer's or firefighter's dependents until the officer or
1.36 firefighter reaches the age of 65. However, coverage for
2.1 dependents does not have to be continued after the person is no
2.2 longer a dependent except under the following conditions:
2.3 (1) If the disabled officer or firefighter currently
2.4 receiving benefits dies from causes unrelated to his or her
2.5 disability before the age of 65, then the public employer's
2.6 financial obligation under this subdivision ceases.
2.7 (2) If the disabled officer or firefighter is offered a job
2.8 by the employer that is paying the health insurance contribution
2.9 and he or she is physically able to perform the job but declines
2.10 the offer, the employer's financial obligation under this
2.11 subdivision ceases. The job must be in the same or similar job
2.12 classification with the same or similar pay grade.
2.13 (3) If the disabled officer or firefighter becomes employed
2.14 after accepting disability benefits and is offered group health
2.15 insurance benefits with the new employer, the previous
2.16 employer's financial obligation under this subdivision ceases
2.17 until such time as the disabled officer or firefighter is no
2.18 longer eligible to receive the group health insurance. The
2.19 disabled officer or firefighter is required to notify the
2.20 previous employer of any subsequent eligibility for group health
2.21 insurance benefits. The disabled officer or firefighter must
2.22 sign a release if requested by the previous employer to verify
2.23 whether the new employer has offered the employee such
2.24 benefits. Failure by the disabled officer or firefighter to
2.25 comply with the notice requirement or refusal to sign the
2.26 release disqualifies him or her from receiving the previous
2.27 employer's financial contribution toward health insurance
2.28 benefits until such time as he or she complies."
2.29 Page .., after line .., insert:
2.30 "Sec. ... Minnesota Statutes 2002, section 299A.465,
2.31 subdivision 5, is amended to read:
2.32 Subd. 5. DEFINITION. For purposes of this section:
2.33 (a) "Peace officer" or "officer" has the meaning given in
2.34 section 626.84, subdivision 1, paragraph (c).
2.35 (b) "Dependent" means a person who meets the definition of
2.36 dependent in section 62L.02, subdivision 11, at the time of the
3.1 officer's or firefighter's injury or death. A person is not a
3.2 dependent for purposes of this section during the period of time
3.3 the person is covered under another group health plan.
3.4 (c) "Firefighter" has the meaning given in Minnesota
3.5 Statutes 2000, section 424.03, but does not include volunteer
3.6 firefighters.
3.7 (d) "Hazardous duty" is a job function that involves the
3.8 employee engaging in the operation of police, firefighter, or
3.9 paramedic equipment, the arrest, apprehension, or control of a
3.10 suspect or prisoner, maintaining public order, responding to a
3.11 911 call for police or fire services, administering emergency
3.12 medical treatment, or transporting sick and injured persons to
3.13 medical facilities.
3.14 (e) Hazardous duty does not include attending or delivering
3.15 training, home to work travel, routine patrol, physical fitness
3.16 activities, caring for a police dog or horse, fire or crime
3.17 prevention activities that do not involve an actual response to
3.18 an emergency situation, routine maintenance of any police or
3.19 fire equipment or facility, or office work such as writing,
3.20 filing reports, or computer work."
3.21 Page .., after line .., insert:
3.22 "Sec. ... Minnesota Statutes 2002, section 299A.465, is
3.23 amended by adding a subdivision to read:
3.24 Subd. 6. This section does not apply to injuries that
3.25 occurred prior to June 1, 1997."
3.26 Page .., after line .., insert:
3.27 "Sec. ... EFFECTIVE DATE.
3.28 Sections .. to .. revising section 299A.465 are effective
3.29 on the day following final enactment and apply in cases where
3.30 the disability benefit is first approved on or after the
3.31 effective date of these sections."
3.32 Renumber the sections in sequence
3.33 Correct the internal references
3.34 Amend the title accordingly