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A bill for an act
relating to public safety; making certain injured paramedics and emergency medical
technicians eligible for continued health insurance coverage; amending Minnesota
Statutes 2024, section 299A.465, subdivision 5; Minnesota Statutes 2025
Supplement, section 299A.465, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2025 Supplement, section 299A.465, subdivision 1, is
amended to read:
Subdivision 1.
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Officer or firefighter
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Covered individual
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disabled in line of duty.
(a)
This subdivision applies to any
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peace officer or firefighter
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covered individual
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:
(1) who the Public Employees Retirement Association or the Minnesota State Retirement
System determines is eligible to receive a duty disability benefit pursuant to section
353.656
or
352B.10, subdivision 1
, respectively;
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or
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(2) who is a member of a local police or salaried firefighters relief association and
qualifies for a duty disability benefit under the terms of plans of the relief associations, and
the peace officer or firefighter has discontinued public service as a peace officer or firefighter
as a result of a disabling injury and has been determined, by the Public Employees Retirement
Association, to have otherwise met the duty disability criteria set forth in section
353.01,
subdivision 41
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; or
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(3) who is described in section 353.64, subdivision 10, and is eligible to receive a duty
disability benefit under section 353.656
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.
(b) Determinations made in accordance with paragraph (a) are binding on the
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peace
officer or firefighter
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covered individual
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, employer, and state. The determination must be
made by the executive director of the Public Employees Retirement Association or by the
executive director of the Minnesota State Retirement System, whichever applies, and is not
subject to section
356.96, subdivision 2
. Upon making a determination, the executive director
must provide written notice to the
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peace officer or firefighter
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covered individual
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and the
employer. The notice must include a written statement of the reasons for the determination.
If the notice is from the executive director of the Minnesota State Retirement System, the
notice must also include:
(1) a notice that the person may petition for a review of the determination by requesting
that a contested case be initiated before the Office of Administrative Hearings, the cost of
which must be borne by the peace officer or firefighter and the employer; and
(2) a statement that any person who does not petition for a review within 60 days is
precluded from contesting issues determined by the executive director in any other
administrative review or court procedure.
If, prior to the contested case hearing, additional information is provided to support the
claim for duty disability as defined in section
352B.011, subdivision 7
, the executive director
may reverse the determination without the requested hearing. If a hearing is held before the
Office of Administrative Hearings, the determination rendered by the judge conducting the
fact-finding hearing is a final decision and order under section
14.62, subdivision 2a
, and
is binding on the applicable executive director, the peace officer or firefighter, employer,
and state. Review of a final determination made by the Office of Administrative Hearings
under this section may only be obtained by writ of certiorari to the Minnesota Court of
Appeals under sections
14.63
to
14.68
. Only the peace officer or firefighter, employer, and
state have standing to participate in a judicial review of the decision of the Office of
Administrative Hearings.
(c) The
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officer's or firefighter's
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covered individual's
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employer must continue to provide
health coverage and pay for the coverage as required by paragraphs (d) to (g) for:
(1) the
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officer or firefighter
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covered individual
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; and
(2) the
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officer's or firefighter's
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covered individual's
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dependents if the
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officer or firefighter
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covered individual
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was receiving dependent coverage at the time of the injury under the
employer's group health plan.
(d) For
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an officer or firefighter
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a covered individual
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who has applied for or been approved
to receive benefits under section
353.656
prior to the date of enactment or
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an officer or
firefighter
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a covered individual
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who applies for and is approved for total and permanent
duty disability benefits under section
353.656, subdivision 1a
, the employer is responsible
for the continued payment of the employer's contribution for health coverage of the
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officer
or firefighter
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covered individual
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and, if applicable, the
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officer's or firefighter's
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covered
individual's
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dependents. Coverage must continue for the
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officer or firefighter
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covered
individual
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and, if applicable, the
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officer's or firefighter's
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covered individual's
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dependents
until the
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officer or firefighter
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covered individual
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reaches age 65 or, if deceased, would have
reached age 65.
(e) For
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an officer or firefighter
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a covered individual
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approved to receive benefits under
section
353.656
on or after the date of enactment and who is not approved for total and
permanent duty disability benefits under section
353.656, subdivision 1a
, the employer is
responsible for the continued payment of the employer's contribution for health coverage
of the
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officer or firefighter
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covered individual
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and, if applicable, the
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officer's or firefighter's
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covered individual's
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dependents. Coverage must continue:
(1) for the
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officer or firefighter
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covered individual
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for a period of 60 months or, if earlier,
until the
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officer or firefighter
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covered individual
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reaches age 65; and
(2) for the
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officer's or firefighter's
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covered individual's
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dependents for a period of 60
months.
(f) For an officer or firefighter who has applied for or been approved to receive benefits
under section
352B.10, subdivision 1
, the employer is responsible for the continued payment
of the employer's contribution for health coverage of the officer or firefighter and, if
applicable, the officer's or firefighter's dependents. Coverage must continue for the officer
or firefighter and, if applicable, the officer's or firefighter's dependents until the officer or
firefighter reaches age 65 or, if deceased, would have reached age 65.
(g) The employer is not required to continue health coverage for dependents after the
person is no longer a dependent.
(h)
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An officer or firefighter
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A covered individual
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who has applied for or been approved
to receive benefits under section
353.656
may affirmatively waive health coverage under
this section but must not receive any payment or other consideration from the employer in
exchange for waiver of the coverage. Any agreement entered into between
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an officer or
firefighter
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a covered individual
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who has applied for or been approved to receive benefits
under section
353.656
and the
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officer's or firefighter's
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covered individual's
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employer or the
employer's agent providing for compensation for a waiver of coverage under this section
is void. Nothing in this subdivision shall be construed to render void any agreement entered
into prior to the date of enactment.
(i) Once a duty disability determination is made pursuant to section
353.656
, the employer
has no right to challenge and is prohibited from challenging the continuation and payment
of health coverage under this section.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2024, section 299A.465, subdivision 5, is amended to read:
Subd. 5.
Definition.
For purposes of this section:
(a) "Peace officer" or "officer" has the meaning given in section
626.84, subdivision 1
,
paragraph (c).
(b) "Dependent" means a person who: (1) meets the definition of dependent in section
62L.02, subdivision 11
, at the time of the officer's
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, paramedic's, emergency medical
technician's,
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or firefighter's injury or death, or at the time of the volunteer firefighter's death;
and (2) is not covered under another group health plan. For purposes of this section, the
term "eligible employee" as defined under section
62L.02, subdivision 13
, includes a
volunteer firefighter.
(c) "Firefighter" has the meaning given in Minnesota Statutes 2000, section
424.03
, but
does not include volunteer firefighters.
(d) "Volunteer firefighter" has the meaning given in section
299N.03, subdivision 7
,
and includes paid per call.
(e) "Fire department" has the meaning given in section
299N.03, subdivision 4
.
(f) For purposes of subdivisions 2 to 5a, "employer" includes a municipality or
municipalities that operate the fire department in which a volunteer firefighter serves.
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(g) "Covered individual" includes a peace officer, firefighter, volunteer firefighter,
paramedic, and emergency medical technician eligible for benefits under subdivision 1.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 3.
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APPLICATION.
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The amendments in sections 1 and 2 apply to injuries occurring on or after January 1,
2020.
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