299A.465 Continued health insurance coverage. 

    Subdivision 1.    Officer or firefighter disabled in line 
 of duty.  (a) This subdivision applies when a peace officer or 
 firefighter suffers a disabling injury that: 

    (1) results in the officer's or firefighter's retirement or 
 separation from service; 

    (2) occurs while the officer or firefighter is acting in 
 the course and scope of duties as a peace officer or 
 firefighter; and 

    (3) the officer or firefighter has been approved to receive 
 the officer's or firefighter's duty-related disability pension. 

    (b) The officer's or firefighter's employer shall continue 
 to provide health coverage for: 

    (1) the officer or firefighter; and 

    (2) the officer's or firefighter's dependents if the 
 officer or firefighter was receiving dependent coverage at the 
 time of the injury under the employer's group health plan. 

    (c) The employer is responsible for the continued payment 
 of the employer's contribution for 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 the age of 
 65.  However, coverage for dependents does not have to be 
 continued after the person is no longer a dependent.  

    Subd. 2.    Officer or firefighter killed in line of duty. 
  (a) This subdivision applies when a peace officer or 
 firefighter is killed while on duty and discharging the 
 officer's or firefighter's duties as a peace officer or 
 firefighter. 

    (b) The officer's or firefighter's employer shall continue 
 to cover the deceased officer's or firefighter's dependents, 
 including the officer's or firefighter's spouse: 

    (1) if the officer or firefighter was receiving dependent 
 coverage at the time of the officer's or firefighter's death 
 under the employer's group health plan; or 

    (2) if the officer's or firefighter's spouse was not 
 covered as a dependent at the time of the officer's or 
 firefighter's death, but at that time was eligible, or afterward 
 becomes eligible, to be a dependent on the employer's group 
 health plan. 

    (c) The employer is responsible for the employer's 
 contribution for the coverage of the officer's or firefighter's 
 dependents.  Coverage must continue for a dependent of the 
 officer or firefighter for the period of time that the person is 
 a dependent up to the age of 65. 

    Subd. 3.    Coordination of benefits.  Health insurance 
 benefits payable to the officer or firefighter and the officer's 
 or firefighter's dependents from any other source provide the 
 primary coverage, and coverage available under this section is 
 secondary. 

    Subd. 4.    Public employer reimbursement.  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 to help defray a portion of its costs 
 of complying with this section.  The commissioner shall provide 
 an equal pro rata share 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. 

    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 meets the definition of 
 dependent in section 62L.02, subdivision 11, at the time of the 
 officer's or firefighter's injury or death.  A person is not a 
 dependent for purposes of this section during the period of time 
 the person is covered under another group health plan.  

    (c) "Firefighter" has the meaning given in Minnesota 
 Statutes 2000, section 424.03, but does not include volunteer 
 firefighters. 

    Subd. 6.    Determination of scope and duties.  (a) 
 Whenever a peace officer or firefighter has been approved to 
 receive a duty-related disability pension, the officer or 
 firefighter may apply to the panel established in subdivision 7 
 for a determination of whether or not the officer or firefighter 
 meets the requirements in subdivision 1, paragraph (a), clause 
 (2).  In making this decision, the panel shall determine whether 
 or not the officer's or firefighter's occupational duties or 
 professional responsibilities put the officer or firefighter at 
 risk for the type of illness or injury actually sustained.  A 
 final determination by the panel is binding on the applicant and 
 the employer, subject to any right of judicial review.  
 Applications must be made within 90 days of receipt of approval 
 of a duty-related pension and must be acted upon by the panel 
 within 90 days of receipt.  Applications that are not acted upon 
 within 90 days of receipt by the panel are approved.  
 Applications and supporting documents are private data. 

    (b) This subdivision expires July 1, 2008.  

    Subd. 7.    Course and scope of duties panel.  (a) A 
 panel is established for the purpose set forth in subdivision 6, 
 composed of the following seven members: 

    (1) two members recommended by the Minnesota League of 
 Cities or a successor; 

    (2) one member recommended by the Association of Minnesota 
 Counties or a successor; 

    (3) two members recommended by the Minnesota Police and 
 Peace Officers Association or a successor; 

    (4) one member recommended by the Minnesota Professional 
 Firefighters Association or a successor; and 

    (5) one nonorganizational member recommended by the six 
 organizational members. 

    (b) Recommendations must be forwarded to the commissioner 
 of public safety who shall appoint the recommended members after 
 determining that they were properly recommended.  Members shall 
 serve for two years or until their successors have been seated.  
 No member may serve more than three consecutive terms.  
 Vacancies on the panel must be filled by recommendation by the 
 organization whose representative's seat has been vacated.  A 
 vacancy of the nonorganizational seat must be filled by the 
 recommendation of the panel.  Vacancies may be declared by the 
 panel in cases of resignation or when a member misses three or 
 more consecutive meetings, or by a nominating organization when 
 its nominee is no longer a member in good standing of the 
 organization, an employee of the organization, or an employee of 
 a member in good standing of the organization.  A member 
 appointed because of a vacancy shall serve until the expiration 
 of the vacated term. 

    (c) Panel members shall be reimbursed for expenses related 
 to their duties according to section 15.059, subdivision 3, 
 paragraph (a), but shall not receive compensation or per diem 
 payments.  The panel's proceedings and determinations constitute 
 a quasi-judicial process and its operation must comply with 
 chapter 14.  Membership on the panel does not constitute holding 
 a public office and members of the panel are not required to 
 take and file oaths of office or submit a public official's bond 
 before serving on the panel.  No member of the panel may be 
 disqualified from holding any public office or employment by 
 reason of being appointed to the panel.  Members of the panel 
 and staff or consultants working with the panel are covered by 
 the immunity provision in section 214.34, subdivision 2.  The 
 panel shall elect a chair and adopt rules of order.  The panel 
 shall convene no later than July 1, 2005. 

    (d) This subdivision expires July 1, 2008. 

    HIST: 1997 c 239 art 8 s 6; 1999 c 12 s 1; 2002 c 392 art 1 s 
 8; 1Sp2003 c 2 art 4 s 4; 1Sp2003 c 19 art 2 s 49; 2005 c 136 
 art 8 s 7,8