Senate File 320
SENATE FILE
BY WARNSTADT, COURTNEY, KREIMAN,
HOLVECK, DEARDEN, FRAISE,
SENG, QUIRMBACH, STEWART,
DOTZLER, RAGAN, BLACK, KIBBIE,
GRONSTAL, CONNOLLY, BEALL,
BOLKCOM, HORN, and DVORSKY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to group health coverage for members of the
2 national guard or organized reserves of the armed forces of
3 the United States.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2534XS 80
6 av/cf/24
PAG LIN
1 1 Section 1. Section 29A.43, Code 2003, is amended to read
1 2 as follows:
1 3 29A.43 DISCRIMINATION PROHIBITED == LEAVE OF ABSENCE ==
1 4 CONTINUATION OF HEALTH COVERAGE.
1 5 1. A person shall not discriminate against any officer or
1 6 enlisted person of the national guard or organized reserves of
1 7 the armed forces of the United States because of that
1 8 membership. An employer, or agent of an employer, shall not
1 9 discharge a person from employment because of being an officer
1 10 or enlisted person of the military forces of the state, or
1 11 hinder or prevent the officer or enlisted person from
1 12 performing any military service the person is called upon to
1 13 perform by proper authority. A member of the national guard
1 14 or organized reserves of the armed forces of the United States
1 15 ordered to temporary duty, as defined in section 29A.1,
1 16 subsection 1, 3, or 11, for any purpose is entitled to a leave
1 17 of absence during the period of the duty or service, from the
1 18 member's private employment, other than employment of a
1 19 temporary nature, and upon completion of the duty or service
1 20 the employer shall restore the person to the position held
1 21 prior to the leave of absence, or employ the person in a
1 22 similar position. However, the person shall give evidence to
1 23 the employer of satisfactory completion of the training or
1 24 duty, and that the person is still qualified to perform the
1 25 duties of the position. The period of absence shall be
1 26 construed as an absence with leave, and shall in no way affect
1 27 the employee's rights to vacation, sick leave, bonus, or other
1 28 employment benefits relating to the employee's particular
1 29 employment. A person violating a provision of this section is
1 30 guilty of a simple misdemeanor.
1 31 2. An officer or enlisted person of the national guard or
1 32 organized reserves of the armed forces of the United States
1 33 who has coverage under a group policy for accident or health
1 34 insurance as an employee or member or as the spouse or covered
1 35 dependent child of an employee or member, whose coverage under
2 1 the group policy would otherwise terminate while the officer
2 2 or enlisted person was on a leave of absence during a period
2 3 of temporary duty or service, for any purpose, as defined in
2 4 section 29A.1, subsection 1, 3, or 11, shall be considered to
2 5 have been continuously insured under the group policy for the
2 6 purpose of obtaining coverage under the group policy upon a
2 7 return to employment or to status as a full=time student who
2 8 is twenty=five years of age or less. This subsection does not
2 9 apply to coverage of an injury suffered or a disease
2 10 contracted by a member of the national guard or organized
2 11 reserves of the armed forces of the United States in the line
2 12 of duty.
2 13 EXPLANATION
2 14 This bill provides that an officer or enlisted person of
2 15 the national guard or organized reserves of the armed forces
2 16 of the United States who has coverage under a group policy for
2 17 accident or health insurance as an employee or member or as
2 18 the spouse or covered dependent child of an employee or
2 19 member, whose coverage under the group policy would otherwise
2 20 terminate while the officer or enlisted person is on a leave
2 21 of absence during a period of temporary duty for any purpose,
2 22 as defined in Code section 29A.1, subsection 1, 3, or 11,
2 23 shall be considered to have been continuously covered under
2 24 the group policy for the purpose of obtaining coverage under
2 25 the group policy upon a return to employment or to status as a
2 26 full=time student who is 25 years of age or less. The bill
2 27 does not apply to coverage of an injury suffered or a disease
2 28 contracted by an officer or enlisted person of the national
2 29 guard or organized reserves while in the line of duty.
2 30 LSB 2534XS 80
2 31 av/cf/24