Law seeks to lower number of PTSD retirements among first responders

A new law will require up to 32 weeks of mental health treatment before a peace officer or firefighter with a psychological condition such as PTSD, or other serious mental health issue, can apply for duty disability benefits from the Minnesota State Retirement System or the Public Employees Retirement Association.

Public safety agencies will be required to continue paying the employee’s full salary and employer-provided benefits during the treatment period.

The law takes effect July 1, 2023, unless otherwise noted. Rep. Kaohly Vang Her (DFL-St. Paul) and Sen. Nick Frentz (DFL-North Mankato) are the sponsors.

After 24 weeks of mental health treatment, an applicant for duty disability benefits can receive eight more weeks of treatment if they are not ready to return to work but making progress toward recovery.

Other determinations at 24 weeks include whether the applicant should:

• return to full-time employment in their previous position;

• return to another vacant full-time position with their prior employer provided the position has equal or better pension and disability benefits; or

• receive duty disability benefits because a mental health professional determines the applicant is permanently disabled.

The Peace Officer Standards and Training Board must create wellness training objectives to prepare peace officers for the stressful and traumatic events that are common to policing and teach officers methods to process and cope with the stress and trauma inherent to policing.

By July 1, 2024, every peace officer employed by law enforcement agencies must undergo the wellness training programs developed by the POST Board.

Effective May 20, 2023, the law also amends the vesting schedule, total and permanent disability benefits, and disability reemployment offset requirements under the PERA Police and Fire Plan for all current members and former members who have not yet started to receive a retirement benefit to a graded 10-year vesting.

Funding

Two onetime transfers from the General Fund in fiscal year 2024 will be made to a psychological condition treatment account: $3 million to PERA and $1 million for MSRS. Both will be used to fund the mental health treatment required before a peace officer or firefighter can apply for duty disability benefits.

The public safety officer’s benefit account will receive a onetime $100 million transfer from the General Fund in fiscal year 2024 to pay for continued health care insurance coverage to any peace officer or firefighter who PERA or MSRS determines is eligible to receive a duty disability benefit.

The Department of Public Safety is required to report annually to the Legislature no later than 30 days after the end of each fiscal year regarding the financial status of the public safety officer’s benefit account.

If the department anticipates money in the account will be insufficient to fund all eligible reimbursements and payments, it must report to the Legislature the estimated additional amount needed to fully fund these anticipated expenses.

HF1234*/SF1959/CH48

HF1234* / SF1959 / CH48