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PERA is recommending a major change to Disability Pensions

The PERA Board held a Special meeting on March 2nd. 

There were two main items. 

Duty Disability Provisions-which supports  SF 1959/HF 1234 "The bill also requires members who apply for a duty disability benefit based on a psychological condition to complete twenty-four weeks of treatment before a final determination for a duty disability can be granted." 

And what was labeled PERA Police & Fire Disability Modifications on the Agenda.

At the end of page 5 PERA recommends a change that will affect ALL PERA pensions including the PERA Correctional Plan.

It reads, "Staff Recommendation for Disability Reapplication The PERA staff recommends modifying Minn. Stat. §353.031, subd. 8 to set clear expectations for all of PERA’s members and clarify requirements. The recommended changes will clearly state that the member is responsible to reapply for the disability benefit once a year for the first five years and once every three years after that. Language will clarify that the burden of proof remains with the member in the event of an appeal."

What does this mean? It is a reversal  of Administrative law changing the burden of proof  from PERA to the disabled member!

The switching of the burden of proof from PERA to the member would be a major change of decades of precedent with the Administrative Law judges who hear these cases.

It could be costly too. Corrections Officers collecting a Disability Pension are usually without the necessary funds to hire an attorney to fight PERA on a denied appeal. It's like making a crime victim prove they are the victim.

MNCORA objects to the change based on current law, decades long past practice, cost to the disabled members and the fact there was no notification to PERA Correctional Plan members or other PERA Pension members, just Police and Fire for input.

MNCORA has written the members of the Legislative Commission on Pensions and Retirement voicing our objection.

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