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PAG LIN
1 1 Amend Senate File 2365, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 9, by inserting before line 32 the
1 4 following:
1 5 "Sec. . NEW SECTION. 97B.50A DISABILITY
1 6 BENEFITS FOR AIRPORT FIRE FIGHTERS.
1 7 1. DEFINITIONS. For purposes of this section,
1 8 unless the context otherwise provides, "member" means
1 9 a vested member who is classified as an airport fire
1 10 fighter under section 97B.49, subsection 16, at the
1 11 time of the alleged disability.
1 12 2. ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE.
1 13 a. Effective July 1, 1997, a member who is injured
1 14 in the performance of the member's duties, and
1 15 otherwise meets the requirements of this subsection
1 16 shall receive an accidental disability retirement
1 17 allowance under the provisions of this subsection, in
1 18 lieu of a monthly retirement allowance as provided in
1 19 section 97B.49 or benefits calculated as provided in
1 20 section 97B.50, subsection 2.
1 21 b. Upon application of a member, a member who has
1 22 become totally and permanently incapacitated for duty
1 23 as the natural and proximate result of an injury,
1 24 disease, or exposure occurring or aggravated while in
1 25 the actual performance of duty shall be retired by the
1 26 department, provided that the medical board shall
1 27 certify that the member is mentally or physically
1 28 incapacitated for further performance of duty, that
1 29 the incapacity is likely to be permanent, and that the
1 30 member should be retired. The department shall make
1 31 the final determination, based on the medical evidence
1 32 received, of a member's total and permanent
1 33 disability. However, if a person's membership in the
1 34 system first commenced on or after July 1, 1997, the
1 35 member shall not be eligible for benefits with respect
1 36 to a disability which would not exist, but for a
1 37 medical condition that was known to exist on the date
1 38 that membership commenced.
1 39 c. Disease under this subsection shall mean heart
1 40 disease or any disease of the lungs or respiratory
1 41 tract and shall be presumed to have been contracted
1 42 while on active duty as a result of strain, exposure,
1 43 or the inhalation of noxious fumes, poison, or gases.
1 44 However, if a person's membership in the system first
1 45 commenced on or after July 1, 1997, and the heart
1 46 disease or disease of the lungs or respiratory tract
1 47 would not exist, but for a medical condition that was
1 48 known to exist on the date that membership commenced,
1 49 the presumption established in this paragraph shall
1 50 not apply.
2 1 d. Upon retirement for an accidental disability as
2 2 provided by this subsection, a member shall receive
2 3 the greater of a monthly accidental disability
2 4 retirement allowance calculated under this subsection
2 5 or a disability retirement allowance calculated under
2 6 section 97B.50, subsection 2. The monthly accidental
2 7 disability allowance calculated under this subsection
2 8 shall consist of an allowance equal to one-twelfth of
2 9 sixty percent of the member's three-year average
2 10 covered wage at the time of disability.
2 11 3. ORDINARY DISABILITY RETIREMENT ALLOWANCE.
2 12 a. Effective July 1, 1997, a member who otherwise
2 13 meets the requirements of this subsection shall
2 14 receive an ordinary disability retirement allowance
2 15 under the provisions of this subsection, in lieu of a
2 16 monthly retirement allowance as provided in section
2 17 97B.49 or benefits calculated as provided in section
2 18 97B.50, subsection 2.
2 19 b. Upon application of a member, a member who has
2 20 become totally and permanently incapacitated for duty
2 21 shall be retired by the department, provided that the
2 22 medical board shall certify that the member is
2 23 mentally or physically incapacitated for further
2 24 performance of duty, that the incapacity is likely to
2 25 be permanent, and that the member should be retired.
2 26 The department shall make the final determination,
2 27 based on the medical evidence received, of a member's
2 28 total and permanent disability. However, if a
2 29 person's membership in the system first commenced on
2 30 or after July 1, 1997, the member shall not be
2 31 eligible for benefits with respect to a disability
2 32 which would not exist, but for a medical condition
2 33 that was known to exist on the date that membership
2 34 commenced.
2 35 c. Upon retirement for an ordinary disability as
2 36 provided by this subsection, a member shall receive
2 37 the greater of a monthly ordinary disability
2 38 retirement allowance calculated under this subsection
2 39 or a disability retirement allowance calculated under
2 40 section 97B.50, subsection 2. The monthly ordinary
2 41 disability allowance calculated under this subsection
2 42 shall consist of an allowance equal to one-twelfth of
2 43 fifty percent of the member's three-year average
2 44 covered wage at the time of disability.
2 45 4. OFFSET TO ALLOWANCE. Any amounts which may be
2 46 paid or payable by the employer under the provisions
2 47 of any workers' compensation or other law to a member,
2 48 or to the dependents of a member on account of any
2 49 disability, shall be offset against and payable in
2 50 lieu of any retirement allowance payable pursuant to
3 1 this section on account of the same disability.
3 2 5. REEXAMINATION – REEMPLOYMENT OF MEMBERS
3 3 RETIRED ON ACCOUNT OF AN ACCIDENTAL DISABILITY.
3 4 a. Once each year during the first five years
3 5 following the retirement of a member under this
3 6 section, and once in every three-year period
3 7 thereafter, the department may, and upon the member's
3 8 application shall, require any member receiving an
3 9 accidental or ordinary disability retirement allowance
3 10 who has not yet attained the age of fifty-five years
3 11 to undergo a medical examination as arranged by the
3 12 medical board. The examination shall be made by the
3 13 medical board or by an additional physician or
3 14 physicians designated by the board. If any member
3 15 receiving an accidental or ordinary disability
3 16 retirement allowance who has not attained the age of
3 17 fifty-five years refuses to submit to the medical
3 18 examination, the allowance may be discontinued until
3 19 the member's withdrawal of the refusal, and should the
3 20 member's refusal continue for one year, all rights in
3 21 and to the member's disability retirement allowance
3 22 shall be revoked by the department.
3 23 b. If a member receiving a disability retirement
3 24 allowance is returned to covered employment, the
3 25 member's disability retirement allowance shall cease,
3 26 the member shall again become an active member, and
3 27 shall contribute thereafter at the same rate payable
3 28 by similarly classified members. Upon subsequent
3 29 retirement, the member's retirement allowance shall be
3 30 calculated as provided in section 97B.48A.
3 31 6. DEATH BENEFITS. A member who is receiving an
3 32 accidental or ordinary disability retirement allowance
3 33 under this section shall be treated as having elected
3 34 a lifetime monthly retirement allowance with no death
3 35 benefit unless the member elects an optional form of
3 36 benefit provided under section 97B.51, which shall be
3 37 actuarially equivalent to the lifetime monthly
3 38 retirement allowance provided under this section.
3 39 7. MEDICAL BOARD. The system shall designate a
3 40 medical board to be composed of three physicians who
3 41 shall arrange for and pass upon the medical
3 42 examinations required under the provisions of this
3 43 section and shall report in writing to the department
3 44 the conclusions and recommendations upon all matters
3 45 duly referred to the medical board. Each report of a
3 46 medical examination under this section shall include
3 47 the medical board's findings as to the extent of the
3 48 member's physical impairment.
3 49 8. RULES. The department shall adopt rules
3 50 pursuant to chapter 17A specifying the application
4 1 procedure for members pursuant to this section."
4 2 #2. Title page, line 2, by inserting after the
4 3 word "compensation," the following: "disability
4 4 retirement for fire fighters,".
4 5 #3. By renumbering as necessary.
4 6
4 7
4 8
4 9 WARNSTADT of Woodbury
4 10 SF 2365.305 76
4 11 ec/cf
Text: H06046 Text: H06048 Text: H06000 - H06099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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