Unofficial
Engrossment of S.F. 235/H.F. 372, reflecting
Commission action through 4/22/05.
1.1 A bill for an act
1.2 relating to retirement; public employees police and
1.3 fire retirement plan; permitting certain employees of
1.4 Blaine, Spring Lake Park, or Mounds View to become
1.5 members of the retirement plan; amending Minnesota
1.6 Statutes 2004, sections 353.64, by adding a
1.7 subdivision; and 353.656, subdivision 1.
1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2004, section 353.64, is
1.10 amended by adding a subdivision to read:
1.11 Subd. 12. PENSION AND DISABILITY COVERAGE FOR BLAINE,
1.12 SPRING LAKE PARK, AND MOUNDS VIEW FIREFIGHTERS AND EMERGENCY
1.13 RESPONDERS. (a) A qualified employee of the city of Blaine, the
1.14 city of Spring Lake Park, or the city of Mounds View is a member
1.15 of the public employees police and fire retirement plan governed
1.16 by sections 353.63 to 353.68, subject to the limitations set
1.17 forth in section 353.656, subdivision 1, paragraph (b).
1.18 (b) A qualified employee is a person who is:
1.19 (1) assigned by the applicable city primarily to engage in
1.20 emergency response activities for firefighting, medical
1.21 emergencies, and hazardous materials situations within the
1.22 service area of the Blaine, Spring Lake Park and Mounds View
1.23 independent nonprofit firefighting corporation;
1.24 (2) a member of the Blaine, Spring Lake Park, and Mounds
1.25 View independent nonprofit firefighting corporation;
1.26 (3) in compliance with all applicable published rules,
2.1 regulations, and requirements of the Blaine, Spring Lake Park,
2.2 and Mounds View independent nonprofit firefighting corporation
2.3 and maintains an annual minimum of 60 hours of ongoing
2.4 continuing firefighting education;
2.5 (4) certified by the Minnesota Fire Certification Board or
2.6 a comparable certification organization recognized by the
2.7 International Fire Service Accreditation Congress as meeting the
2.8 requirements of a firefighter I under National Fire Protection
2.9 Association standard 1001 or higher;
2.10 (5) certified as a hazardous materials specialist by an
2.11 accredited institution; and
2.12 (6) not eligible after the effective date of this act for
2.13 coverage under the agreement signed between the state and the
2.14 secretary of the federal Department of Health and Human Services
2.15 making the provisions of the federal Old Age, Survivors, and
2.16 Disability Insurance Act applicable because the person's
2.17 employment position is excluded as that of a firefighter after
2.18 that date from application under section 355.07 and United
2.19 States Code, title 42, sections 418(d)(5)(A) and 418(d)(8)(D).
2.20 (c) Blaine, Spring Lake Park, or Mounds View, whichever
2.21 applies, shall: (1) deduct the employee contribution from the
2.22 salary of each individual as required by section 353.65,
2.23 subdivision 2; ; (2) make the employer contribution for each
2.24 position as required by section 353.65, subdivision 3;; (3) meet
2.25 the employer recording and reporting requirements in section
2.26 353.65, subdivision 4; and; and (4) file a resolution with the
2.27 board of trustees of the Public Employees Retirement Association
2.28 specifying that the city employment the positions designated are
2.29 primarily engaged in emergency response activities for
2.30 firefighting, medical emergencies, and hazardous materials
2.31 situations.
2.32 Sec. 2. Minnesota Statutes 2004, section 353.656,
2.33 subdivision 1, is amended to read:
2.34 Subdivision 1. IN LINE OF DUTY; COMPUTATION OF
2.35 BENEFITS. (a) A member of the police and fire plan who becomes
2.36 disabled and physically unfit to perform duties as a police
3.1 officer, firefighter, or paramedic as defined under section
3.2 353.64, subdivision 10, as a direct result of an injury,
3.3 sickness, or other disability incurred in or arising out of any
3.4 act of duty, which has or is expected to render the member
3.5 physically or mentally unable to perform the duties as a police
3.6 officer, firefighter, or paramedic as defined under section
3.7 353.64, subdivision 10, for a period of at least one year, shall
3.8 receive disability benefits during the period of such
3.9 disability. The benefits must be in an amount equal to 60
3.10 percent of the "average salary" as defined in section 353.651,
3.11 subdivision 2, plus an additional percent specified in section
3.12 356.315, subdivision 6, of that average salary for each year of
3.13 service in excess of 20 years. If the disability under this
3.14 subdivision occurs before the member has at least five years of
3.15 allowable service credit in the police and fire plan, the
3.16 disability benefit must be computed on the "average salary" from
3.17 which deductions were made for contribution to the police and
3.18 fire fund.
3.19 (b) A qualified employee who meets the requirements of
3.20 section 353.64, subdivision 12, paragraph (b), and who becomes a
3.21 member of the public employees police and fire fund under
3.22 sections 353.63 to 353.68 is eligible for a duty disability
3.23 benefit under the public employees police and fire retirement
3.24 plan under this section, only if the person becomes disabled and
3.25 physically unfit to perform future duties for the Blaine, Spring
3.26 Lake Park and Mounds View independent nonprofit firefighting
3.27 corporation as a firefighter as a direct result of a medically
3.28 determinable injury, sickness, or other disability which
3.29 occurred while the member was:
3.30 (1) engaged in responding to an emergency call for
3.31 assistance from the Blaine, Spring Lake Park and Mounds View
3.32 independent nonprofit firefighting corporation;
3.33 (2) engaged in firefighting training provided by or
3.34 authorized by the Blaine, Spring Lake Park and Mounds View
3.35 independent nonprofit firefighting corporation; or
3.36 (3) engaged in fire suppression or rescue activities at the
4.1 scene of a fire or rescue involving the Blaine, Spring Lake Park
4.2 and Mounds View independent nonprofit firefighting corporation.
4.3 (c) A qualified employee who meets the requirements of
4.4 paragraph (a) but who does not meet the requirements of
4.5 paragraph (b) is only eligible for a disability benefit if the
4.6 employee is totally and permanently disabled as defined in
4.7 section 353.01, subdivision 19, as follows:
4.8 (1) If the non‑duty disability is determined to be a total
4.9 and permanent disability, the disability benefit payable must be
4.10 paid in the same manner as if the benefit were paid under
4.11 section 353.651, with a minimum benefit payable of 45 percent of
4.12 the "average salary" as defined under section 353.651,
4.13 subdivision 2, plus an additional percentage specified in
4.14 section 356.315, subdivision 6, of that average salary for each
4.15 year of service in excess of 15 years;
4.16 (2) If the employee is determined not to qualify for a
4.17 non‑duty disability because the employee is not totally and
4.18 permanently disabled as defined in section 353.01, subdivision
4.19 19, the employee ceases to be a member of the public employees
4.20 police and fire retirement fund under sections 353.63 to 353.68
4.21 as of the first day of the first pay period occurring after the
4.22 date on which the determination notification is transmitted to
4.23 the employee;
4.24 (3) If the employee continues to be employed after the
4.25 disability event by the city of Blaine, the city of Spring Lake
4.26 Park, or the city of Mounds View in a position other than that
4.27 of firefighter, the employee only is eligible for and must be
4.28 reported for future retirement coverage as a coordinated member
4.29 in the general employees retirement plan of the Public Employees
4.30 Retirement Association. Upon retirement, the employee is
4.31 entitled to elect a retirement annuity determined under section
4.32 356.30.
4.33 Sec. 3. EFFECTIVE DATE; LOCAL APPROVAL.
4.34 Section 1 is effective on the day after which the last of
4.35 the governing bodies of the city of Blaine, the city of Spring
4.36 Lake Park, and the city of Mounds View and that city's chief
5.1 clerical officer timely complete their compliance with Minnesota
5.2 Statutes, section 345.021, subdivisions 2 and 3.