Text: HF02152 Text: HF02154 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Jun 6 15:42:36 CDT 1996
URL: /DOCS/GA/76GA/Legislation/HF/02100/HF02153/960206.html
jhf