Text: H05791                            Text: H05793
Text: H05700 - H05799                   Text: H Index
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House Amendment 5792

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-5515, to Senate File 2245,
  1  2 as amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  Page 1, by inserting after line 6 the
  1  5 following:
  1  6    "Section 1.  Section 2.11, Code 1995, is amended by
  1  7 adding the following new unnumbered paragraph after
  1  8 unnumbered paragraph 1:
  1  9    NEW UNNUMBERED PARAGRAPH.  A temporary employee of
  1 10 the general assembly may elect to receive payment of
  1 11 the employee's salary during each month of the same
  1 12 calendar year in which the temporary employee is
  1 13 employed, for payment at the same time as other state
  1 14 employees are paid, by notifying the finance officer
  1 15 prior to commencing employment as a temporary employee
  1 16 of the general assembly."
  1 17    #2.  Page 14, line 3, by striking the words
  1 18 "paragraph "e"" and inserting the following:
  1 19 "paragraphs "e" and "f"".
  1 20    #3.  Page 14, line 42, by striking the words
  1 21 "paragraph "e"" and inserting the following:
  1 22 "paragraphs "e" and "f"".
  1 23    #4.  Page 16, by inserting after line 41 the
  1 24 following:
  1 25    "Sec.    .  Section 97B.49, subsection 5, Code
  1 26 Supplement 1995, is amended by adding the following
  1 27 new paragraph:
  1 28    NEW PARAGRAPH.  f.  For each active or inactive
  1 29 vested member retiring on or after July 1, 1996, the
  1 30 percentage multiplier of the three-year average
  1 31 covered wage used under subsections 5, 15, 16, and 17
  1 32 to calculate the monthly retirement allowance shall be
  1 33 increased by one-fourth of one percentage point for
  1 34 each additional calendar quarter of membership service
  1 35 beyond the applicable years of service, not to exceed
  1 36 a total of six additional percentage points.  For
  1 37 purposes of this paragraph, "the applicable years of
  1 38 service" shall be the following, based upon the
  1 39 service retirement allowance selected:
  1 40    (1)  For members receiving a retirement allowance
  1 41 for regular service under subsection 5 or 15, or
  1 42 receiving a combined retirement allowance under
  1 43 subsection 17, the applicable years of service is
  1 44 thirty.
  1 45    (2)  For members receiving a retirement allowance
  1 46 for service in a protection occupation under
  1 47 subsection 16, paragraph "a", or receiving a
  1 48 retirement allowance for service as a sheriff, deputy
  1 49 sheriff, or airport fire fighter under subsection 16,
  1 50 paragraph "b", subparagraph (3), the applicable years
  2  1 of service is twenty-five.
  2  2    (3)  For members receiving a retirement allowance
  2  3 for service as a sheriff, deputy sheriff, or airport
  2  4 fire fighter under subsection 16, paragraph "b",
  2  5 subparagraph (1) or (2), the applicable years of
  2  6 service is twenty-two."
  2  7    #5.  By striking page 16, line 42, through page 18,
  2  8 line 2, and inserting the following:
  2  9    "Sec.    .  Section 97B.49, subsection 13, Code
  2 10 Supplement 1995, is amended to read as follows:
  2 11    13.  a.  A member who retired from the system
  2 12 between January 1, 1976, and June 30, 1982, or a
  2 13 contingent annuitant or beneficiary of such a member,
  2 14 shall receive with the November 1994 and the November
  2 15 1995 1996 monthly benefit payments payment a
  2 16 retirement dividend equal to one two hundred eighty-
  2 17 one twenty-three percent of the monthly benefit
  2 18 payment the member received for the preceding June, or
  2 19 the most recently received benefit payment, whichever
  2 20 is greater.  The retirement dividend does not affect
  2 21 the amount of a monthly benefit payment.
  2 22    b.  Each member who retired from the system between
  2 23 July 4, 1953, and December 31, 1975, or a contingent
  2 24 annuitant or beneficiary of such a member, shall
  2 25 receive with the November 1994 and the November 1995
  2 26 1996 monthly benefit payments payment a retirement
  2 27 dividend equal to two hundred thirty-six ninety-two
  2 28 percent of the monthly benefit payment the member
  2 29 received for the preceding June, or the most recently
  2 30 received benefit payment, whichever is greater.  The
  2 31 retirement dividend does not affect the amount of a
  2 32 monthly benefit payment.
  2 33    c.  Notwithstanding the determination of the amount
  2 34 of a retirement dividend under paragraph "a", "b",
  2 35 "d", or "f", or "g", a retirement dividend shall not
  2 36 be less than twenty-five dollars.
  2 37    d.  A member who retired from the system between
  2 38 July 1, 1982, and June 30, 1986, or a contingent
  2 39 annuitant or beneficiary of such a member, shall
  2 40 receive with the November 1994 and the November 1995
  2 41 1996 monthly benefit payments payment a retirement
  2 42 dividend equal to forty-nine seventy-four percent of
  2 43 the monthly benefit payment the member received for
  2 44 the preceding June, or the most recently received
  2 45 benefit payment, whichever is greater.  The retirement
  2 46 dividend does not affect the amount of a monthly
  2 47 benefit payment.
  2 48    e.  If the member dies on or after July 1 of the
  2 49 dividend year but before the payment date, the full
  2 50 amount of the retirement dividend for that year shall
  3  1 be paid to the designated beneficiary to the member's
  3  2 account, upon notification of the member's death.  If
  3  3 there is no beneficiary designated by the member, the
  3  4 department shall pay the dividend to the member's
  3  5 estate.  The beneficiary, or the representative of the
  3  6 member's estate, must apply for the dividend within
  3  7 two years after the dividend is payable or the
  3  8 dividend is forfeited.
  3  9    f.  A member who retired from the system between
  3 10 July 1, 1986, and June 30, 1990, or a contingent
  3 11 annuitant or beneficiary of such a member, shall
  3 12 receive with the November 1996 and the November 1997
  3 13 monthly benefit payments payment a retirement dividend
  3 14 in an amount determined by the general assembly equal
  3 15 to twenty-four percent of the monthly benefit payment
  3 16 the member received for the preceding June, or the
  3 17 most recently received benefit payment, whichever is
  3 18 greater.  The retirement dividend does not affect the
  3 19 amount of a monthly benefit payment.
  3 20    Sec.    .  Section 97B.49, subsection 13, Code
  3 21 Supplement 1995, is amended by adding the following
  3 22 new paragraph:
  3 23    NEW PARAGRAPH.  g.  Effective July 1, 1997,
  3 24 commencing with dividends payable in November 1997,
  3 25 and for each subsequent year, all members who retired
  3 26 prior to July 1, 1990, shall be eligible for annual
  3 27 dividend payments, payable in November of that year,
  3 28 pursuant to the requirements of this paragraph.  The
  3 29 dividend payable in any given year shall be the sum of
  3 30 the dollar amount of the dividend payable in the
  3 31 previous November and the dividend adjustment.
  3 32    The dividend adjustment for a given year shall be
  3 33 calculated by multiplying the total of the retiree's
  3 34 monthly benefit payments and the dividend payable to
  3 35 the retiree in the previous calendar year by the
  3 36 applicable percentage as determined by this paragraph.
  3 37 The applicable percentage shall be the least of the
  3 38 following percentages:
  3 39    (1)  The percentage representing eighty percent of
  3 40 the percentage increase in the consumer price index
  3 41 published in the federal register by the federal
  3 42 department of labor, bureau of labor statistics, that
  3 43 reflects the percentage increase in the consumer price
  3 44 index for the twelve-month period ending June 30 of
  3 45 the year that the dividend is to be paid.
  3 46    (2)  The percentage representing the percentage
  3 47 amount the actuary has certified, in the annual
  3 48 actuarial valuation of the system as of June 30 of the
  3 49 year in which the dividend is to be paid, that the
  3 50 fund can absorb without requiring an increase in the
  4  1 employer and employee contributions to the fund.
  4  2    (3)  Three percent.
  4  3    The dividend determined pursuant to this paragraph
  4  4 shall not be used to increase the monthly benefit
  4  5 amount payable."
  4  6    #6.  Page 18, by inserting before line 3 the
  4  7 following:
  4  8    "Sec.    .  Section 97B.49, subsection 15,
  4  9 paragraph b, Code Supplement 1995, is amended to read
  4 10 as follows:
  4 11    b.  For each active or inactive vested member
  4 12 retiring on or after July 1, 1990, and before July 1,
  4 13 1996, who is at least fifty-five years of age and for
  4 14 which the sum of the number of years of membership
  4 15 service and prior service and the member's age in
  4 16 years as of the member's last birthday equals or
  4 17 exceeds ninety-two, a monthly benefit shall be
  4 18 computed which is equal to one-twelfth of the same
  4 19 percentage of the three-year average covered wage of
  4 20 the member as is provided in subsection 5.
  4 21    Sec.    .  Section 97B.49, subsection 15, Code
  4 22 Supplement 1995, is amended by adding the following
  4 23 new paragraph:
  4 24    NEW PARAGRAPH.  c.  For each active or inactive
  4 25 vested member retiring on or after July 1, 1996, who
  4 26 is at least fifty-five years of age and for which the
  4 27 sum of the number of years of membership service and
  4 28 prior service and the member's age in years as of the
  4 29 member's last birthday equals or exceeds eighty-eight,
  4 30 a monthly benefit shall be computed which is equal to
  4 31 one-twelfth of the same percentage of the three-year
  4 32 average covered wage of the member as is provided in
  4 33 subsection 5, multiplied by a fraction of years of
  4 34 service as is provided in subsection 5."
  4 35    #7.  Page 18, by inserting before line 3 the
  4 36 following:
  4 37    "Sec.    .  Section 97B.49, subsection 16,
  4 38 paragraph b, Code Supplement 1995, is amended by
  4 39 adding the following new subparagraph:
  4 40    NEW SUBPARAGRAPH.  (3)  A member who retires from
  4 41 employment as a county sheriff, deputy sheriff, or
  4 42 airport fire fighter, who retires on or after July 1,
  4 43 1997, and at the time of retirement has completed a
  4 44 total of twenty-five years of membership service with
  4 45 the last twelve years of membership service as a
  4 46 county sheriff, deputy sheriff, or airport fire
  4 47 fighter, may elect to receive in lieu of the receipt
  4 48 of any benefits under subsection 5 or 15, or
  4 49 subparagraphs (1) and (2) of this paragraph, a monthly
  4 50 retirement allowance equal to one-twelfth of the
  5  1 applicable percentage multiplier of the member's
  5  2 three-year average covered wage as is provided in
  5  3 paragraph "a", with benefits payable during the
  5  4 member's lifetime."
  5  5    #8.  Page 18, by inserting before line 3 the
  5  6 following:
  5  7    "Sec.    .  Section 97B.49, subsection 16,
  5  8 paragraph d, subparagraph (9), Code Supplement 1995,
  5  9 is amended to read as follows:
  5 10    (9)  An employee of a judicial district department
  5 11 of correctional services who is employed as a
  5 12 probation officer II or III, or a parole officer II or
  5 13 III, or a residential counselor."
  5 14    #9.  Page 19, line 39, by inserting after the
  5 15 letter "c." the following:  "(1)".
  5 16    #10.  Page 19, by inserting after line 46 the
  5 17 following:
  5 18    "(2)  In calculating the combined monthly
  5 19 retirement allowance pursuant to paragraph "a", and in
  5 20 determining the applicable percentage multiplier
  5 21 established in subsection 5, the member shall be
  5 22 entitled to an addition in the percentage multiplier
  5 23 in accordance with subsection 5, paragraph "f", only
  5 24 for those years of service in excess of thirty years.
  5 25 Any addition in the percentage multiplier shall be
  5 26 included in the calculations required under paragraph
  5 27 "a", subparagraphs (1), (2), and (3) of this
  5 28 subsection."
  5 29    #11.  Page 20, by inserting after line 32 the
  5 30 following:
  5 31    "Sec.    .  NEW SECTION.  97B.50A  DISABILITY
  5 32 BENEFITS FOR SHERIFFS, DEPUTY SHERIFFS, AIRPORT FIRE
  5 33 FIGHTERS, AND MEMBERS OF A PROTECTION OCCUPATION.
  5 34    1.  DEFINITIONS.  For purposes of this section,
  5 35 unless the context otherwise provides, "member" means
  5 36 a vested member who is classified as a sheriff, deputy
  5 37 sheriff, or airport fire fighter or as a vested member
  5 38 of a protection occupation under section 97B.49,
  5 39 subsection 16, at the time of the alleged disability.
  5 40    2.  ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE.
  5 41    a.  Effective July 1, 1997, a member who is injured
  5 42 in the performance of the member's duties, and
  5 43 otherwise meets the requirements of this subsection
  5 44 shall receive an accidental disability retirement
  5 45 allowance under the provisions of this subsection, in
  5 46 lieu of a monthly retirement allowance as provided in
  5 47 section 97B.49 or benefits calculated as provided in
  5 48 section 97B.50, subsection 2.
  5 49    b.  Upon application of a member, a member who has
  5 50 become totally and permanently incapacitated for duty
  6  1 as the natural and proximate result of an injury,
  6  2 disease, or exposure occurring or aggravated while in
  6  3 the actual performance of duty shall be retired by the
  6  4 department, provided that the medical board shall
  6  5 certify that the member is mentally or physically
  6  6 incapacitated for further performance of duty, that
  6  7 the incapacity is likely to be permanent, and that the
  6  8 member should be retired.  The department shall make
  6  9 the final determination, based on the medical evidence
  6 10 received, of a member's total and permanent
  6 11 disability.  However, if a person's membership in the
  6 12 system first commenced on or after July 1, 1997, the
  6 13 member shall not be eligible for benefits with respect
  6 14 to a disability which would not exist, but for a
  6 15 medical condition that was known to exist on the date
  6 16 that membership commenced.
  6 17    c.  Upon retirement for an accidental disability as
  6 18 provided by this subsection, a member shall receive
  6 19 the greater of a monthly accidental disability
  6 20 retirement allowance calculated under this subsection
  6 21 or a disability retirement allowance calculated under
  6 22 section 97B.50, subsection 2.  The monthly accidental
  6 23 disability allowance calculated under this subsection
  6 24 shall consist of an allowance equal to one-twelfth of
  6 25 sixty percent of the member's three-year average
  6 26 covered wage at the time of disability.
  6 27    3.  ORDINARY DISABILITY RETIREMENT ALLOWANCE.
  6 28    a.  Effective July 1, 1997, a member who otherwise
  6 29 meets the requirements of this subsection shall
  6 30 receive an ordinary disability retirement allowance
  6 31 under the provisions of this subsection, in lieu of a
  6 32 monthly retirement allowance as provided in section
  6 33 97B.49 or benefits calculated as provided in section
  6 34 97B.50, subsection 2.
  6 35    b.  Upon application of a member, a member who has
  6 36 become totally and permanently incapacitated for duty
  6 37 shall be retired by the department, provided that the
  6 38 medical board shall certify that the member is
  6 39 mentally or physically incapacitated for further
  6 40 performance of duty, that the incapacity is likely to
  6 41 be permanent, and that the member should be retired.
  6 42 The department shall make the final determination,
  6 43 based on the medical evidence received, of a member's
  6 44 total and permanent disability.  However, if a
  6 45 person's membership in the system first commenced on
  6 46 or after July 1, 1997, the member shall not be
  6 47 eligible for benefits with respect to a disability
  6 48 which would not exist, but for a medical condition
  6 49 that was known to exist on the date that membership
  6 50 commenced.
  7  1    c.  Upon retirement for an ordinary disability as
  7  2 provided by this subsection, a member shall receive
  7  3 the greater of a monthly ordinary disability
  7  4 retirement allowance calculated under this subsection
  7  5 or a disability retirement allowance calculated under
  7  6 section 97B.50, subsection 2.  The monthly ordinary
  7  7 disability allowance calculated under this subsection
  7  8 shall consist of an allowance equal to one-twelfth of
  7  9 fifty percent of the member's three-year average
  7 10 covered wage at the time of disability.
  7 11    4.  OFFSET TO ALLOWANCE.  Any amounts which may be
  7 12 paid or payable by the employer under the provisions
  7 13 of any workers' compensation or other law to a member,
  7 14 or to the dependents of a member on account of any
  7 15 disability, shall be offset against and payable in
  7 16 lieu of any retirement allowance payable pursuant to
  7 17 this section on account of the same disability.
  7 18    5.  REEXAMINATION – REEMPLOYMENT OF MEMBERS
  7 19 RETIRED ON ACCOUNT OF AN ACCIDENTAL DISABILITY.
  7 20    a.  Once each year during the first five years
  7 21 following the retirement of a member under this
  7 22 section, and once in every three-year period
  7 23 thereafter, the department may, and upon the member's
  7 24 application shall, require any member receiving an
  7 25 accidental or ordinary disability retirement allowance
  7 26 who has not yet attained the age of fifty-five years
  7 27 to undergo a medical examination as arranged by the
  7 28 medical board.  The examination shall be made by the
  7 29 medical board or by an additional physician or
  7 30 physicians designated by the board.  If any member
  7 31 receiving an accidental or ordinary disability
  7 32 retirement allowance who has not attained the age of
  7 33 fifty-five years refuses to submit to the medical
  7 34 examination, the allowance may be discontinued until
  7 35 the member's withdrawal of the refusal, and should the
  7 36 member's refusal continue for one year, all rights in
  7 37 and to the member's disability retirement allowance
  7 38 shall be revoked by the department.
  7 39    b.  If a member receiving a disability retirement
  7 40 allowance is returned to covered employment, the
  7 41 member's disability retirement allowance shall cease,
  7 42 the member shall again become an active member, and
  7 43 shall contribute thereafter at the same rate payable
  7 44 by similarly classified members.  Upon subsequent
  7 45 retirement, the member's retirement allowance shall be
  7 46 calculated as provided in section 97B.48A.
  7 47    6.  DEATH BENEFITS.  A member who is receiving an
  7 48 accidental or ordinary disability retirement allowance
  7 49 under this section shall be treated as having elected
  7 50 a lifetime monthly retirement allowance with no death
  8  1 benefit unless the member elects an optional form of
  8  2 benefit provided under section 97B.51, which shall be
  8  3 actuarially equivalent to the lifetime monthly
  8  4 retirement allowance provided under this section.
  8  5    7.  MEDICAL BOARD.  The system shall designate a
  8  6 medical board to be composed of three physicians who
  8  7 shall arrange for and pass upon the medical
  8  8 examinations required under the provisions of this
  8  9 section and shall report in writing to the department
  8 10 the conclusions and recommendations upon all matters
  8 11 duly referred to the medical board.  Each report of a
  8 12 medical examination under this section shall include
  8 13 the medical board's findings as to the extent of the
  8 14 member's physical impairment.
  8 15    8.  RULES.  The department shall adopt rules
  8 16 pursuant to chapter 17A specifying the application
  8 17 procedure for members pursuant to this section."
  8 18    #12.  Page 35, by inserting after line 40 the
  8 19 following:
  8 20    "Sec.    .  INTERIM STUDY COMMITTEE.  The
  8 21 legislative council shall direct the public retirement
  8 22 systems committee established under section 97D.4 to
  8 23 meet during the 1996 legislative interim and make
  8 24 recommendations regarding diseases which are presumed
  8 25 to have been contracted while on active duty for
  8 26 purposes of accidental disability benefits provided
  8 27 under section 97B.50A, as enacted in this Act."
  8 28    #13.  By renumbering and correcting internal
  8 29 references as necessary.  
  8 30 
  8 31 
  8 32                              
  8 33 LARKIN of Lee
  8 34 
  8 35 
  8 36                              
  8 37 MAY of Worht
  8 38 
  8 39 
  8 40                              
  8 41 SCHRADER of Marion
  8 42 
  8 43 
  8 44                              
  8 45 OLLIE of Clinton
  8 46 
  8 47 
  8 48                              
  8 49 TAYLOR of Linn
  8 50 
  9  1 
  9  2                              
  9  3 SHOULTZ OF Black Hawk
  9  4 
  9  5 
  9  6                              
  9  7 MYERS of Johnson
  9  8 
  9  9 
  9 10                              
  9 11 BERNAU of Story
  9 12 
  9 13 
  9 14                              
  9 15 KOENIGS of Mitchell
  9 16 
  9 17 
  9 18                              
  9 19 COHOON of Des Moines
  9 20 
  9 21 
  9 22                              
  9 23 NELSON of Pottawattamie
  9 24 
  9 25 
  9 26                              
  9 27 DREES of Carroll
  9 28 
  9 29 
  9 30                              
  9 31 WISE of Lee
  9 32 
  9 33 
  9 34                              
  9 35 BRAMMER OF Linn
  9 36 
  9 37 
  9 38                              
  9 39 WEIGEL of Chickasaw
  9 40 
  9 41 
  9 42                              
  9 43 KREIMAN of Davis
  9 44 
  9 45 
  9 46                              
  9 47 JOCHUM of Dubuque
  9 48 
  9 49 
  9 50                              
 10  1 HARPER of Black Hawk
 10  2 
 10  3 
 10  4                              
 10  5 BELL of Jasper
 10  6 
 10  7 
 10  8                              
 10  9 OSTERHAUS of Jackson
 10 10 
 10 11 
 10 12                              
 10 13 BRAND of Benton
 10 14 
 10 15 
 10 16                              
 10 17 O'BRIEN of Boone
 10 18 
 10 19 
 10 20                              
 10 21 MERTZ of Kossuth
 10 22 
 10 23 
 10 24                              
 10 25 McCOY of Polk
 10 26 
 10 27 
 10 28                              
 10 29 MASCHER of Johnson
 10 30 
 10 31 
 10 32                              
 10 33 WITT of Black Hawk
 10 34 
 10 35 
 10 36                              
 10 37 MURPHY of Dubuque
 10 38 SF 2245.707 76
 10 39 ec/sc
     

Text: H05791                            Text: H05793
Text: H05700 - H05799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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