Text: S05834 Text: S05836 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
PAG LIN 1 1 Amend the House amendment, S-5828, to Senate File 1 2 2245, as amended, passed, and reprinted by the Senate, 1 3 as follows: 1 4 #1. Page 17, line 15, by inserting after the words 1 5 "paragraph "a"," the following: "or receiving a 1 6 retirement allowance for service as a sheriff, deputy 1 7 sheriff, or airport fire fighter under subsection 16, 1 8 paragraph "b", subparagraph (3),". 1 9 #2. Page 20, by inserting after line 18 the 1 10 following: 1 11 "Sec. . Section 97B.49, subsection 16, 1 12 paragraph b, Code Supplement 1995, is amended by 1 13 adding the following new subparagraph: 1 14 NEW SUBPARAGRAPH. (3) A member who retires from 1 15 employment as a county sheriff, deputy sheriff, or 1 16 airport fire fighter, who retires on or after July 1, 1 17 1997, and at the time of retirement has completed a 1 18 total of twenty-five years of membership service with 1 19 the last twelve years of membership service as a 1 20 county sheriff, deputy sheriff, or airport fire 1 21 fighter, may elect to receive in lieu of the receipt 1 22 of any benefits under subsection 5 or 15, or 1 23 subparagraphs (1) and (2) of this paragraph, a monthly 1 24 retirement allowance equal to one-twelfth of the 1 25 applicable percentage multiplier of the member's 1 26 three-year average covered wage as is provided in 1 27 paragraph "a", with benefits payable during the 1 28 member's lifetime. 1 29 Sec. . Section 97B.49, subsection 16, paragraph 1 30 d, subparagraph (9), Code Supplement 1995, is amended 1 31 to read as follows: 1 32 (9) An employee of a judicial district department 1 33 of correctional services who is employed as a 1 34 probation officer II or III,ora parole officer II or 1 35 III, or a residential counselor." 1 36 #3. Page 23, by inserting after line 9 the 1 37 following: 1 38 "Sec. . NEW SECTION. 97B.50A DISABILITY 1 39 BENEFITS FOR AIRPORT FIRE FIGHTERS. 1 40 1. DEFINITIONS. For purposes of this section, 1 41 unless the context otherwise provides, "member" means 1 42 a vested member who is classified as an airport fire 1 43 fighter under section 97B.49, subsection 16, at the 1 44 time of the alleged disability. 1 45 2. ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE. 1 46 a. Effective July 1, 1997, a member who is injured 1 47 in the performance of the member's duties, and 1 48 otherwise meets the requirements of this subsection 1 49 shall receive an accidental disability retirement 1 50 allowance under the provisions of this subsection, in 2 1 lieu of a monthly retirement allowance as provided in 2 2 section 97B.49 or benefits calculated as provided in 2 3 section 97B.50, subsection 2. 2 4 b. Upon application of a member, a member who has 2 5 become totally and permanently incapacitated for duty 2 6 as the natural and proximate result of an injury, 2 7 disease, or exposure occurring or aggravated while in 2 8 the actual performance of duty shall be retired by the 2 9 department, provided that the medical board shall 2 10 certify that the member is mentally or physically 2 11 incapacitated for further performance of duty, that 2 12 the incapacity is likely to be permanent, and that the 2 13 member should be retired. The department shall make 2 14 the final determination, based on the medical evidence 2 15 received, of a member's total and permanent 2 16 disability. However, if a person's membership in the 2 17 system first commenced on or after July 1, 1997, the 2 18 member shall not be eligible for benefits with respect 2 19 to a disability which would not exist, but for a 2 20 medical condition that was known to exist on the date 2 21 that membership commenced. 2 22 c. Disease under this subsection shall mean heart 2 23 disease or any disease of the lungs or respiratory 2 24 tract and shall be presumed to have been contracted 2 25 while on active duty as a result of strain, exposure, 2 26 or the inhalation of noxious fumes, poison, or gases. 2 27 However, if a person's membership in the system first 2 28 commenced on or after July 1, 1997, and the heart 2 29 disease or disease of the lungs or respiratory tract 2 30 would not exist, but for a medical condition that was 2 31 known to exist on the date that membership commenced, 2 32 the presumption established in this paragraph shall 2 33 not apply. 2 34 d. Upon retirement for an accidental disability as 2 35 provided by this subsection, a member shall receive 2 36 the greater of a monthly accidental disability 2 37 retirement allowance calculated under this subsection 2 38 or a disability retirement allowance calculated under 2 39 section 97B.50, subsection 2. The monthly accidental 2 40 disability allowance calculated under this subsection 2 41 shall consist of an allowance equal to one-twelfth of 2 42 sixty percent of the member's three-year average 2 43 covered wage at the time of disability. 2 44 3. ORDINARY DISABILITY RETIREMENT ALLOWANCE. 2 45 a. Effective July 1, 1997, a member who otherwise 2 46 meets the requirements of this subsection shall 2 47 receive an ordinary disability retirement allowance 2 48 under the provisions of this subsection, in lieu of a 2 49 monthly retirement allowance as provided in section 2 50 97B.49 or benefits calculated as provided in section 3 1 97B.50, subsection 2. 3 2 b. Upon application of a member, a member who has 3 3 become totally and permanently incapacitated for duty 3 4 shall be retired by the department, provided that the 3 5 medical board shall certify that the member is 3 6 mentally or physically incapacitated for further 3 7 performance of duty, that the incapacity is likely to 3 8 be permanent, and that the member should be retired. 3 9 The department shall make the final determination, 3 10 based on the medical evidence received, of a member's 3 11 total and permanent disability. However, if a 3 12 person's membership in the system first commenced on 3 13 or after July 1, 1997, the member shall not be 3 14 eligible for benefits with respect to a disability 3 15 which would not exist, but for a medical condition 3 16 that was known to exist on the date that membership 3 17 commenced. 3 18 c. Upon retirement for an ordinary disability as 3 19 provided by this subsection, a member shall receive 3 20 the greater of a monthly ordinary disability 3 21 retirement allowance calculated under this subsection 3 22 or a disability retirement allowance calculated under 3 23 section 97B.50, subsection 2. The monthly ordinary 3 24 disability allowance calculated under this subsection 3 25 shall consist of an allowance equal to one-twelfth of 3 26 fifty percent of the member's three-year average 3 27 covered wage at the time of disability. 3 28 4. OFFSET TO ALLOWANCE. Any amounts which may be 3 29 paid or payable by the employer under the provisions 3 30 of any workers' compensation or other law to a member, 3 31 or to the dependents of a member on account of any 3 32 disability, shall be offset against and payable in 3 33 lieu of any retirement allowance payable pursuant to 3 34 this section on account of the same disability. 3 35 5. REEXAMINATION – REEMPLOYMENT OF MEMBERS 3 36 RETIRED ON ACCOUNT OF AN ACCIDENTAL DISABILITY. 3 37 a. Once each year during the first five years 3 38 following the retirement of a member under this 3 39 section, and once in every three-year period 3 40 thereafter, the department may, and upon the member's 3 41 application shall, require any member receiving an 3 42 accidental or ordinary disability retirement allowance 3 43 who has not yet attained the age of fifty-five years 3 44 to undergo a medical examination as arranged by the 3 45 medical board. The examination shall be made by the 3 46 medical board or by an additional physician or 3 47 physicians designated by the board. If any member 3 48 receiving an accidental or ordinary disability 3 49 retirement allowance who has not attained the age of 3 50 fifty-five years refuses to submit to the medical 4 1 examination, the allowance may be discontinued until 4 2 the member's withdrawal of the refusal, and should the 4 3 member's refusal continue for one year, all rights in 4 4 and to the member's disability retirement allowance 4 5 shall be revoked by the department. 4 6 b. If a member receiving a disability retirement 4 7 allowance is returned to covered employment, the 4 8 member's disability retirement allowance shall cease, 4 9 the member shall again become an active member, and 4 10 shall contribute thereafter at the same rate payable 4 11 by similarly classified members. Upon subsequent 4 12 retirement, the member's retirement allowance shall be 4 13 calculated as provided in section 97B.48A. 4 14 6. DEATH BENEFITS. A member who is receiving an 4 15 accidental or ordinary disability retirement allowance 4 16 under this section shall be treated as having elected 4 17 a lifetime monthly retirement allowance with no death 4 18 benefit unless the member elects an optional form of 4 19 benefit provided under section 97B.51, which shall be 4 20 actuarially equivalent to the lifetime monthly 4 21 retirement allowance provided under this section. 4 22 7. MEDICAL BOARD. The system shall designate a 4 23 medical board to be composed of three physicians who 4 24 shall arrange for and pass upon the medical 4 25 examinations required under the provisions of this 4 26 section and shall report in writing to the department 4 27 the conclusions and recommendations upon all matters 4 28 duly referred to the medical board. Each report of a 4 29 medical examination under this section shall include 4 30 the medical board's findings as to the extent of the 4 31 member's physical impairment. 4 32 8. RULES. The department shall adopt rules 4 33 pursuant to chapter 17A specifying the application 4 34 procedure for members pursuant to this section." 4 35 #4. Page 38, line 2, by striking the word 4 36 "PROPOSALS" and inserting the following: "PROPOSAL". 4 37 #5. Page 38, lines 3 and 4, by striking the words 4 38 "AND FOR CONVERTING THE SYSTEM INTO A DEFINED 4 39 CONTRIBUTION PLAN". 4 40 #6. Page 38, by striking lines 11 through 16 and 4 41 inserting the following: "addition to the current 4 42 defined benefit plan. On or before September 1,". 4 43 #7. Page 38, line 20, by striking the word 4 44 "proposals" and inserting the following: "a proposal, 4 45 or proposals,". 4 46 #8. Page 38, lines 21 through 23, by striking the 4 47 words "and for converting the Iowa public employees' 4 48 retirement system into a defined contribution plan". 4 49 #9. By renumbering as necessary. 4 50 5 1 5 2 5 3 JOHN P. KIBBIE 5 4 5 5 5 6 5 7 MICHAEL E. GRONSTAL 5 8 5 9 5 10 5 11 SF 2245.326 76 5 12 ec/cf
Text: S05834 Text: S05836 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Apr 24 03:22:24 CDT 1996
URL: /DOCS/GA/76GA/Legislation/S/05800/S05835/960423.html
jhf