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Latest on the proposed PTSD legislation

March 30, 2023

Officer wellness is at the top of this year’s MCPA Legislative agenda. Specifically, we have been working diligently on the issue of PTSD. There are bills in the House and Senate that will help provide the necessary resources and funding to significantly help your agency. House File 1235 and Senate File 1959 have been heard in various committees over the past few weeks.

These bills have two sections that address the recent PTSD trends. One section provides for treatment for those impacted by psychological injuries. The other section addresses the pension implications of the relatively recent increase in duty disability pensions.

Because the bills have two sections, I will try to provide you with a very brief explanation of the two sections:

PTSD Treatment and a requirement for agencies to have an Officer wellness program:

The bills require a public safety employee to attempt treatment before applying for a duty disability. The bill requires them to attend up to 24 weeks of treatment with a possible extension of 8 weeks before a duty disability can be granted. The employee would continue to receive full pay and benefits while participating in the treatment. The agency will be reimbursed for the cost of the treatment and wages of the impacted employee while they are not able to perform their duties. The bills also require agencies to implement an officer wellness program. These sections have been worked on for over two years with stakeholders from labor (MPPOA, LELS, and the Professional Firefighters) and employer groups ( MCPA, Minnesota Sheriffs Assn, Minnesota Counties Assn., League of Minnesota Cities). All of the stakeholder groups have been at the table to negotiate the provisions of this part of the bill, and to our knowledge, they all support the treatment provisions. These changes were made with the understanding that requiring and funding treatment would allow many of the officers and firefighters to return to full duty after successfully completing treatment. Those who are not able to return will still be able to obtain a duty disability pension as they are under existing law.

PERA Changes:

These areas of the bills were worked on by PERA. They include new provisions that may reduce the duty disability pension if the employee returns to work after they start receiving the duty disability pension. I want to be clear: if the person is unable to work again, they would not be impacted.

The bills include what are called "offsets." An offset is the reduction of the duty disability pension when there is new employment (reemployment) earnings by the duty disability pension recipient. The offsets are being proposed to protect the police and Fire fund from further funding shortfalls. They are also being proposed to create equity with those who are still actively working as police officers or firefighters. I have described the duty disability pension as similar to an unemployment benefit. In that, if the person does not work, the pension continues at the same level indefinitely, but if the person goes back to work at a different job, the duty disability benefits are reduced commensurate with the new employment earnings. In any re-employment scenario, the person who is receiving a duty disability can continue earning at the same level or higher than a person still employed as a police officer or firefighter. Again, the goal of the offset is to create compensation equity with those still actively working as a police officer or firefighter and to help address a funding shortfall in the Police and Fire fund. If these changes are not implemented or if they are unsuccessful in addressing the funding shortfall, PERA may need to increase pension contributions by the employers and employees in the future.

Any person who is granted a full and permanent disability (this is a different level of disability than a duty disability) is not impacted by the changes. In fact, if these bills pass, a person on a full and permanent disability would receive 99% of their pre-injury earnings (they are currently capped at 60% (tax-free with health insurance).

For more information on how the offsets work and a clarification about the duty disability reapplication process, please see the recently released statements from PERA at this link: https://mnpera.org/legislation/.

There has been some information sent out by other groups that are misleading. To help clear up any misunderstandings about what these bills do and don’t do, please feel free to share this information with others in your agency. For those attending ETI, there will be a PERA-specific session on Friday at 11:15: PERA Update: Police and Fire Plan Duty Disability Trends. I encourage you to attend to hear an in-person update.

As always, don't hesitate to contact me if you have any questions about this very important legislation.

JEFF POTTS
Executive Director
Minnesota Chiefs of Police Association

Statement on Release of Body-Worn Camera Video in death of Tyre Nichols

January 28, 2023 - The Minnesota Chiefs of Police Association (MCPA) deplores both the actions and inaction of the police officers involved in the tragic and brutal death of Tyre Nichols.

The release of the body-worn camera video only reinforces our existing and firm belief that the officers were rightly fired and criminally charged in Nichols’ death.

On behalf of the more than 300 active police chiefs who are members of the MCPA, we express our collective condolences to Nichols’ family and friends and remain deeply committed to use of force policies and practices that prioritize the preservation of human life.

The brutality suffered by Mr. Nichols is beyond unacceptable and must serve as a wakeup call to all law enforcement across the country. Our association will continue to work with community members, elected officials, stakeholders and our own member agencies to ensure officers act with dignity, respect, empathy and compassion regardless of the situations they face and the people they encounter as they protect and serve communities across our state.

- Jeff Potts/Executive Director

MCPA Concerned about Increase in Violent Encounters for MN Law Enforcement; Encourages Lawmakers to Take Action

For Immediate Release
January 25, 2023

The Minnesota Chiefs of Police Association (MCPA) is praying for a speedy and full recovery for the three Minnesota law enforcement officers who have been shot in the line of duty in the last 48 hours.

A White Bear Lake police officer is in stable condition following surgery after being shot Tuesday night while serving a felony warrant on a man suspected of domestic assault. Two McCleod County Sheriff’s deputies suffered non-life threatening injuries after being shot while serving a warrant in Winsted, MN on Monday morning.

The MCPA represents more than 300 active police chiefs in Minnesota.

“Our collective thoughts are with these brave law enforcement personnel and their families,” MCPA Executive Director Jeff Potts said. “We know policing is an inherently dangerous profession, but we are deeply concerned by what’s become a troubling trend of more violent encounters and more violence against officers.

Additionally, we are urging the legislature to help law enforcement as we are facing significant recruitment and staffing issues, and, at the same time, we are seeing historic spikes in violent crime. We need additional funding from the state surplus to address these very serious issues.”

A total of 331 cops were shot across the country in 2022, a 6% increase from 2020, according to the National Fraternal Order of Police. Of officers who were shot in the line of duty, 62 were killed, up 32% from 2020.

About the MCPA

The MCPA is a nonprofit, professional membership organization representing more than 1,000 current and retired law enforcement leaders in Minnesota. The mission is to bring the highest quality of police services to the people of Minnesota; the vision is to be the voice of law enforcement in the state.

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