On Monday the Legislative Commission on Pensions and Retirement is meeting on HF 1234. Billed as a Police and Fire Bill it's much more in a negative way for PERA Corrections.
MNCORA is submitting written testimony for that meeting as well as trying to get on the list of Testifiers.
HF 1234 says its a Bill "modifying Peace Officer and Firefighter duty disability provisions."
Unfortunately it dramatically changes the way PERA Correctional Plan members are treated.
If enacted as written HF 1234 will:
Change 353.053 changing the burden of proof on a disability appeal form PERA to the member. Besides this radical change in decades old case law there are several other points of contention.
The Bill makes changes to PERA Correctional disability affective immediately. MNCORA's fear is members out on disability prior to 2015 risk losing their benefits.
353.06 sub 5 was changed in 2015.
(a) The disability benefit paid to a disabled local government correctional employee terminates at the end of the month in which the employee reaches age 65 55, or the first of the month after the expiration of the 60-month period from the effective date of the disability benefit, whichever is later.
(b) If the disabled local government correctional employee is still disabled when the employee reaches has been collecting the disability benefit for 60 months or has reached age 65 55, whichever is later, the employee is deemed to be a retired employee and, if the employee had elected an optional annuity under subdivision 3, must receive an annuity in accordance with the terms of the optional annuity previously elected.
MNCORA's concern is:
Prior to 2015 a CO's disability terminated at 65, after 2015 at 55. What happens to someone under this new Bill HF1234? For example, a female CO injured her back in a use of force with an inmate in 2010 and has been on disability since then. In 2022 she was in a car accident and lost a leg. If HF 1234 passes and PERA makes her reapply and a doctor says her back is now fine. It was the original reason for her disability and no longer relevant however she still can't perform the duties of a Corrections Officer but she's now 48. Is she just cut off rather than collecting until 60? Under HF1234 it appears so. So two questions on this scenario what happens to her under the new rule if she's 50? and what if she's 60?
Under the new Bill it appears so.
Also in HF1234 Police and Fire will receive up to 24 months of treatment while being paid if they go out on a PTSD disability. This benefit is denied to PERA Correctional Plan members even as our disability is changed!
It should also be noted these changes apply to the State MSRS Plan for State Patrol, but unlike PERA Correctional Plan members the State Correctional Officers will have no changes, so disability for a State CO will be different than for a PERA Plan CO.
IMPORTANT contact your representatives and tell them to oppose HF 1234 and SF 1959.
If you don't have their contact info click here: https://www.gis.lcc.mn.gov/iMaps/districts
Call and email the bill's authors:
On House File 1234 Contact
Representative Her -Email: rep.kaohly.her@house.mn,
Phone: 651.296.8799
On Senate File 1959 Contact
Sen Carla Nelson 651 296-4848
Sen. Dibble 651-296-4191)
Sen. Nick Frentz 651 296-6153
Contact Doug Anderson, the executive director of PERA (Email: doug.anderson@mnpera.org).