Legal Opinion

In re the Pera Police & Fire Plan Line of Duty Disability Benefits of Brittain

Court of Appeals of Minnesota

Decided November 15, 2005No. A04-2407PublishedCited by 5 opinions

1Opinion of the Court

OPINION

KLAPHAKE, Judge.

By writ of certiorari, relator appeals from the decision of the Public Employees Retirement Association (PERA) denying him line-of-duty disability benefits payable under Minn.Stat. § 353.656, subd. 1 (2004). PERA interpreted the statute to provide line-of-duty benefits only when the injury, sickness, or disability was incurred during a hazardous situation.

Because the statute provides line-of-duty benefits to a person injured during “any act of duty,” without limitation to hazardous situations, we reverse.

FACTS

Relator Stephen Brittain had been a Ramsey County Deputy…

2Cases cited5 opinions

  1. Brookfield Trade Center, Inc. v. County of RamseySupreme Court of Minnesota · 1998
  2. Contested Cases of St. Otto's Home v. Minnesota Department of Human ServicesSupreme Court of Minnesota · 1989
  3. Trettenero v. Police Pension Fund of AuroraAppellate Court of Illinois · 1994
  4. Axelson v. Minneapolis Teachers' Retirement Fund Ass'nSupreme Court of Minnesota · 1996
  5. In Re Matter of HildebrandtCourt of Appeals of Minnesota · 2005

3Cited by5 opinions

  1. Mountain Cement Co. v. South of Laramie Water & Sewer DistrictWyoming Supreme Court · 2011
  2. In re Pera Police & Fire Plan Line of Duty Disability Benefits of BrittainSupreme Court of Minnesota · 2006
  3. In Re BrittainSupreme Court of Minnesota · 2006
  4. In Re BrittainCourt of Appeals of Minnesota · 2005
  5. In re Pera Police & Fire Plan Line of Duty Disability Benefits of BrittainSupreme Court of Minnesota · 2006

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