A bill for an act
relating to labor; modifying peace officer duty disability provisions; requiring a
report; appropriating money; amending Minnesota Statutes 2022, sections
299A.465, subdivision 4; 352B.10, subdivisions 2a, 4; 352B.101; 353.031,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 352B;
353; 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 299A.465, subdivision 4, is amended to read:
new text begin (a) new text end A public employer subject to this section
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement deleted text begin to help defray a portion of its costs of complying with this sectiondeleted text end .
new text begin Except as provided for in paragraph (b), new text end the commissioner shall provide deleted text begin an equal pro rata
sharedeleted text end new text begin reimbursementnew text end to the public employer out of the public safety officer's benefit account
based on the availability of funds for each eligible officer, firefighter, and qualifying
dependents. Individual shares must not exceed the actual costs of providing coverage under
this section by a public employer.
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(b) Beginning on January 1, 2024, a public employer is not eligible for reimbursement
under paragraph (a) unless the employer provides at least one of the following:
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(1) annual wellness training to peace officers and firefighters who either are employed
or volunteer for the employer; or
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(2) an employee assistance program or peer support program.
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(c) Wellness training for peace officers under paragraph (b), clause (1), must incorporate
the learning objectives established by the Peace Officer Standards and Training Board under
section 626.8478. No later than February 1, 2024, the Minnesota Fire Initiative must create
a wellness training program for public employers to offer to firefighters to satisfy the
requirements of paragraph (b). Training programs established in the Hometown Heroes
Assistance Program under section 299A.477, subdivision 2, clause (4), satisfy the
requirements of paragraph (b).
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Minnesota Statutes 2022, section 352B.10, subdivision 2a, is amended to read:
No application for disability benefits shall
be made until after the last day physically on the job. The disability benefit begins to accrue
the day following the last day for which the employee is paid sick leave or annual leave but
not earlier than 180 days before the date the application is filed. A member who is terminated
must file a written application in an office of the system or with a person authorized by the
executive director. new text begin Except as otherwise specified under section 352B.102, new text end applications must
comply with section 352.113, subdivision 2, paragraph (b).
Minnesota Statutes 2022, section 352B.10, subdivision 4, is amended to read:
(a) No disability benefits may be paid unless the member
provides adequate proof to the executive director of the existence of the disability.
(b) Adequate proof of a disability must include a written expert report by a licensed
physician, an APRN, or a licensed chiropractor, or with respect to a mental impairment, by
a licensed psychologist.new text begin Adequate proof of a disability based on a psychological condition,
as defined under section 352B.102, subdivision 1, clause (6), must include the medical
reports and assessments required under section 352B.102.
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(c) Following the commencement of benefit payments, the executive director has the
right, at reasonable times, to require the disability benefit recipient to submit proof of the
continuance of the disability claimed.
Minnesota Statutes 2022, section 352B.101, is amended to read:
new text begin (a) Except as otherwise specified under section 352B.102 and paragraph (b), new text end a member
claiming a disability benefit must file a written application for benefits in the office of the
system in a form and manner prescribed by the executive director. The member shall provide
medical or psychological evidence to support the application. The benefit begins to accrue
the day following the start of disability or the day following the last day for which the
member was paid, whichever is later, but not earlier than 180 days before the date the
application is filed with the executive director.
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(b) Notwithstanding any law to the contrary, an employee, as defined in section 352B.102,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 352B.102, subdivision 1, clause (6), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional
requirements under section 352B.102.
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For the purposes of this section, the following terms have
the meanings given:
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(1) "mental illness" means the diagnosis of a mental illness by a mental health
professional, by meeting the criteria for a condition or conditions included in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association;
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(2) "employee" means an individual diagnosed with a mental illness who is a:
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(i) current member under section 352B.011, subdivision 10; or
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(ii) former member under section 352B.011, subdivision 10, within 18 months of
termination of employment;
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(3) "employing entity" means the entity that pays a state employee's salary and remits
retirement contributions;
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(4) "mental health professional" has the meaning given in section 245I.02, subdivision
27;
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(5) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
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(6) "psychological condition" means a mental illness as defined in clause (1); and
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(7) "treatment" includes but is not limited to active participation in the International
Association of Fire Fighters Center of Excellence for Behavioral Health Treatment and
Recovery.
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(a) Notwithstanding any law to the contrary, and
except as provided in paragraph (b), the procedure in this section applies to an application
for a duty disability by an employee based on the employee's psychological condition.
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(b) The additional procedure in this section does not apply to a duty disability application
under paragraph (a) that is also based on a dual diagnosis of a physical condition. An
employee with a dual diagnosis may, but is not required to, seek treatment under subdivisions
4 and 7, subject to the procedure in this section.
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(a) An employee who applies for duty disability under section
352B.10, subdivision 1, based on a psychological condition must first receive initial approval
under this subdivision.
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(b) The executive director shall grant initial approval to an employee who submits, in
the form and manner specified by the executive director:
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(1) one report by a mental health professional diagnosing the employee with a mental
illness and finding that the employee is currently unable to perform the normal duties of
the position held by the employee on the date of the injury, event, or onset of the mental
illness on a full- or part-time basis; and
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(2) documentation from the employing entity certifying the dates that the employee was
on duty in a position covered under the State Patrol retirement plan.
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(c) An employee who receives initial approval under this subdivision is not considered
disabled for the purposes of a duty disability under section 352B.10, subdivision 1. The
employee must complete the additional requirements under this section and receive final
approval under subdivision 6 before receiving duty disability benefits or related benefits.
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(d) An employing entity shall submit the certification required under paragraph (b),
clause (2), within five business days of an employee's application, and the employee shall
receive initial approval no later than six business days after the employee's application,
whether or not the employing entity's certification has been submitted.
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