1.1Senator Howe moved to amend S.F. No. 2884 as follows (...):
1.2Page 92, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2024, section 299A.465, subdivision 1, is amended to read:
1.4    Subdivision 1. Officer or firefighter disabled in line of duty. (a) This subdivision
1.5applies to any peace officer or firefighter: who the Public Employees Retirement Association
1.6or the Minnesota State Retirement System determines is eligible to receive a duty disability
1.7benefit pursuant to section 353.656 or 352B.10, subdivision 1, respectively.
1.8    (1) who the Public Employees Retirement Association or the Minnesota State Retirement
1.9System determines is eligible to receive a duty disability benefit pursuant to section 353.656
1.10or 352B.10, subdivision 1, respectively; or
1.11    (2) who (i) does not qualify to receive disability benefits by operation of the eligibility
1.12requirements set forth in section 353.656, subdivision 1, paragraph (b), (ii) retires pursuant
1.13to section 353.651, subdivision 4, or (iii) is a member of a local police or salaried firefighters
1.14relief association and qualifies for a duty disability benefit under the terms of plans of the
1.15relief associations, and the peace officer or firefighter described in item (i), (ii), or (iii) has
1.16discontinued public service as a peace officer or firefighter as a result of a disabling injury
1.17and has been determined, by the Public Employees Retirement Association, to have otherwise
1.18met the duty disability criteria set forth in section 353.01, subdivision 41.
1.19    (b) A determination made on behalf of a peace officer or firefighter described in paragraph
1.20(a), clause (2), must be at the request of the peace officer or firefighter made for the purposes
1.21of this section. Determinations made in accordance with paragraph (a) are binding on the
1.22peace officer or firefighter, employer, and state. The determination must be made by the
1.23executive director of the Public Employees Retirement Association or by the executive
1.24director of the Minnesota State Retirement System, whichever applies, and is not subject
1.25to section 356.96, subdivision 2. Upon making a determination, the executive director shall
1.26provide written notice to the peace officer or firefighter and the employer. This notice must
1.27include:
1.28    (1) a written statement of the reasons for the determination;
1.29    (2) a notice that the person may petition for a review of the determination by requesting
1.30that a contested case be initiated before the Office of Administrative Hearings, the cost of
1.31which must be borne by the peace officer or firefighter and the employer; and
2.1    (3) a statement that any person who does not petition for a review within 60 days is
2.2precluded from contesting issues determined by the executive director in any other
2.3administrative review or court procedure.
2.4If, prior to the contested case hearing, additional information is provided to support the
2.5claim for duty disability as defined in section 352B.011, subdivision 7, or 353.01, subdivision
2.641, whichever applies, the executive director may reverse the determination without the
2.7requested hearing. If a hearing is held before the Office of Administrative Hearings, the
2.8determination rendered by the judge conducting the fact-finding hearing is a final decision
2.9and order under section 14.62, subdivision 2a, and is binding on the applicable executive
2.10director, the peace officer or firefighter, employer, and state. Review of a final determination
2.11made by the Office of Administrative Hearings under this section may only be obtained by
2.12writ of certiorari to the Minnesota Court of Appeals under sections 14.63 to 14.68. Only
2.13the peace officer or firefighter, employer, and state have standing to participate in a judicial
2.14review of the decision of the Office of Administrative Hearings.
2.15    (c) The officer's or firefighter's employer shall continue to provide health coverage for:
2.16    (1) the officer or firefighter; and
2.17    (2) the officer's or firefighter's dependents if the officer or firefighter was receiving
2.18dependent coverage at the time of the injury under the employer's group health plan.
2.19    (d) The employer is responsible for the continued payment of the employer's contribution
2.20for health coverage of: the officer or firefighter and, if applicable, the officer's or firefighter's
2.21dependents. Coverage must continue for the officer or firefighter and, if applicable, the
2.22officer's or firefighter's dependents until the officer or firefighter reaches or, if deceased,
2.23would have reached the age of 65. However, coverage for dependents does not have to be
2.24continued after the person is no longer a dependent.
2.25(1) the officer or firefighter; and
2.26(2) the officer's or firefighter's dependents, if applicable.
2.27(e) If the executive director determines that the officer or firefighter qualifies for a duty
2.28disability benefit, the employer must continue coverage and payment under paragraphs (c)
2.29and (d) until the officer or firefighter reaches age 65 or, if deceased, would have reached
2.30the age of 65, unless paragraph (f) applies.
2.31(f) If the executive director determines that the officer or firefighter qualifies for a duty
2.32disability benefit after the date of enactment, and the duty disability is due to a psychological
2.33condition as defined in section 352B.102, subdivision 1, clause (6), the employer must
3.1continue coverage and payment under paragraphs (c) and (d) for a period of 60 months or,
3.2if earlier, until the officer or firefighter reaches age 65 or, if deceased, would have reached
3.3the age of 65.
3.4(g) If the executive director determines that the officer or firefighter qualifies for a total
3.5and permanent duty disability benefit pursuant to section 353.656, subdivision 1a, or 352B.10,
3.6subdivision 1a, or a permanent but not total duty disability, the employer must continue
3.7coverage and payment under paragraphs (c) and (d) until the officer or firefighter reaches
3.8age 65 or, if deceased, would have reached the age of 65.
3.9(h) The employer is not required to continue health coverage and payment for dependents
3.10after the person is no longer a dependent.
3.11(i) After the date of enactment, an officer or firefighter must not waive the officer's or
3.12firefighter's right to continue health insurance coverage under this subdivision in exchange
3.13for payment or other consideration as part of a settlement with the officer's or firefighter's
3.14employer or another person or entity related to an application for a duty disability benefit
3.15under section 352B.101 or 353.031. A settlement entered into after the date of enactment
3.16that contains provisions contrary to this paragraph is void. An officer or firefighter is subject
3.17to loss of eligibility for a duty disability benefit if the officer or firefighter agrees to waive
3.18the right to continued health insurance coverage in exchange for payment or other
3.19consideration."
3.20The motion prevailed. #did not prevail. So the amendment was #not adopted.