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Text: HF02152                           Text: HF02154
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House File 2153

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 97A.6, subsection 3, Code 1995, is
  1  2 amended to read as follows:
  1  3    3.  ORDINARY DISABILITY RETIREMENT BENEFIT.  Upon the
  1  4 application of a member in service or of the commissioner of
  1  5 public safety, any member shall be retired by the board of
  1  6 trustees, not less than thirty and not more than ninety days
  1  7 next following the date of filing such application, on an
  1  8 ordinary disability retirement allowance, provided, that the
  1  9 medical board after a medical examination of such member shall
  1 10 certify that said member is mentally or physically
  1 11 incapacitated for further performance of duty, that such
  1 12 incapacity is likely to be permanent and that such member
  1 13 should be retired.  However, if a person's membership in the
  1 14 system first commenced on or after July 1, 1992, the member
  1 15 shall not be eligible for benefits with respect to a
  1 16 disability which would not exist, but for a medical condition
  1 17 that was known to exist on the date that membership commenced.
  1 18 A member who is denied a benefit under this subsection, by
  1 19 reason of a finding by the medical board that the member is
  1 20 not mentally or physically incapacitated for the further
  1 21 performance of duty, shall be entitled to be restored to
  1 22 active service in the same position held immediately prior to
  1 23 the application for disability benefits.
  1 24    Sec. 2.  Section 97A.6, subsection 5, paragraph a, Code
  1 25 1995, is amended to read as follows:
  1 26    a.  Upon application of a member in service or of the
  1 27 commissioner of public safety, any member who has become
  1 28 totally and permanently incapacitated for duty as the natural
  1 29 and proximate result of an injury, disease or exposure
  1 30 occurring or aggravated while in the actual performance of
  1 31 duty at some definite time and place shall be retired by the
  1 32 board of trustees, provided, that the medical board shall
  1 33 certify that such member is mentally or physically
  1 34 incapacitated for further performance of duty, that such
  1 35 incapacity is likely to be permanent and that such member
  2  1 should be retired.  However, if a person's membership in the
  2  2 system first commenced on or after July 1, 1992, the member
  2  3 shall not be eligible for benefits with respect to a
  2  4 disability which would not exist, but for a medical condition
  2  5 that was known to exist on the date that membership commenced.
  2  6 A member who is denied a benefit under this subsection, by
  2  7 reason of a finding by the medical board that the member is
  2  8 not mentally or physically incapacitated for the further
  2  9 performance of duty, shall be entitled to be restored to
  2 10 active service in the same position held immediately prior to
  2 11 the application for disability benefits.
  2 12    Sec. 3.  Section 411.6, subsection 3, Code 1995, is amended
  2 13 to read as follows:
  2 14    3.  ORDINARY DISABILITY RETIREMENT BENEFIT.  Upon
  2 15 application to the system, of a member in service or of the
  2 16 chief of the police or fire departments, respectively, any
  2 17 member shall be retired by the system, not less than thirty
  2 18 and not more than ninety days next following the date of
  2 19 filing the application, on an ordinary disability retirement
  2 20 allowance, if the medical board after a medical examination of
  2 21 the member certifies that the member is mentally or physically
  2 22 incapacitated for further performance of duty, that the
  2 23 incapacity is likely to be permanent, and that the member
  2 24 should be retired.  However, if a person's membership in the
  2 25 system first commenced on or after July 1, 1992, the member
  2 26 shall not be eligible for benefits with respect to a
  2 27 disability which would not exist, but for a medical condition
  2 28 that was known to exist on the date that membership commenced.
  2 29 A member who is denied a benefit under this subsection, by
  2 30 reason of a finding by the medical board that the member is
  2 31 not mentally or physically incapacitated for the further
  2 32 performance of duty, shall be entitled to be restored to
  2 33 active service in the same position held immediately prior to
  2 34 the application for disability benefits.
  2 35    Sec. 4.  Section 411.6, subsection 5, paragraph a, Code
  3  1 1995, is amended to read as follows:
  3  2    a.  Upon application to the system, of a member in service
  3  3 or of the chief of the police or fire departments,
  3  4 respectively, any member who has become totally and
  3  5 permanently incapacitated for duty as the natural and
  3  6 proximate result of an injury or disease incurred in or
  3  7 aggravated by the actual performance of duty at some definite
  3  8 time and place, or while acting pursuant to order, outside of
  3  9 the city by which the member is regularly employed, shall be
  3 10 retired by the system, if the medical board certifies that the
  3 11 member is mentally or physically incapacitated for further
  3 12 performance of duty, that the incapacity is likely to be
  3 13 permanent, and that the member should be retired.  However, if
  3 14 a person's membership in the system first commenced on or
  3 15 after July 1, 1992, the member shall not be eligible for
  3 16 benefits with respect to a disability which would not exist,
  3 17 but for a medical condition that was known to exist on the
  3 18 date that membership commenced.  A member who is denied a
  3 19 benefit under this subsection, by reason of a finding by the
  3 20 medical board that the member is not mentally or physically
  3 21 incapacitated for the further performance of duty, shall be
  3 22 entitled to be restored to active service in the same position
  3 23 held immediately prior to the application for disability
  3 24 benefits.  
  3 25                           EXPLANATION
  3 26    This bill provides reemployment rights for a member of the
  3 27 statewide fire and police retirement system and the public
  3 28 safety peace officers' retirement, accident, and disability
  3 29 system who applies for an ordinary disability retirement
  3 30 benefit or an accidential disability benefit and is determined
  3 31 by the medical board not to be incapacitated for duty.  The
  3 32 bill provides that the member can resume active service in the
  3 33 same position held by the member prior to the application for
  3 34 disability benefits.  
  3 35 LSB 3901HH 76
  4  1 ec/cf/24
     

Text: HF02152                           Text: HF02154
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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