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PAG LIN 1 1 Section 1. Section 400.8, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. The commission, when necessary under the rules, 1 4 including minimum and maximum age limits, which shall be 1 5 prescribed and published in advance by the commission and 1 6 posted in the city hall, shall hold examinations for the 1 7 purpose of determining the qualifications of applicants for 1 8 positions under civil service, other than promotions, which 1 9 examinations shall be practical in character and shall relate 1 10 to matters which will fairly test the mental and physical 1 11 ability of the applicant to discharge the duties of the 1 12 position to which the applicant seeks appointment. The 1 13 physical examination of applicants for appointment to the 1 14 positions of police officer, police matron, or fire fighter 1 15 shall be held in accordance with medical protocols established 1 16 by the board of trustees of the statewide fire and police 1 17 retirement system establishedbyin accordance with section 1 18 411.5. The medical protocols established by the board of 1 19 trustees may be updated as deemed necessary by the board of 1 20 trustees. The commission shall conduct a medical examination 1 21 of an applicant for the position of police officer, police 1 22 matron, or fire fighter after a conditional offer of 1 23 employment has been made to the applicant. An applicant shall 1 24 not be discriminated against on the basis of height, weight, 1 25 sex, or race in determining physical or mental ability of the 1 26 applicant. Reasonable rules relating to strength, agility, 1 27 and general health of applicants shall be prescribed. The 1 28 costs of the physical examination required under this 1 29 subsection shall be paid from the trust and agency fund of the 1 30 city. 1 31 Sec. 2. Section 411.3, subsection 3, paragraph a, Code 1 32 1995, is amended to read as follows: 1 33 a. As used in this section, unless the context otherwise 1 34 requires, "reemployed" or "reemployment" means the employment 1 35 of a person as a police officer or fire fighter by any 2 1 participating city after the person hascommenced receiving2 2 received a service retirement allowance under section 411.6 2 3 for at least two years. A person who returns to employment as 2 4 a police officer or fire fighter within the two-year period is 2 5 not reemployed for the purposes of this subsection. The 2 6 person who returns to employment within the two-year period is 2 7 an active member of the system and is not eligible to receive 2 8 a service retirement allowance. Upon the person's subsequent 2 9 retirement, the person's service retirement allowance shall be 2 10 recalculated. 2 11 Sec. 3. Section 411.6, subsection 12, paragraph b, Code 2 12 1995, is amended to read as follows: 2 13 b. All monthly pensions adjusted as provided in this 2 14 subsection shall be payable beginning on July 1 and January 1 2 15 of the year in which the adjustment is made and shall continue 2 16 in effect until the next adjustment at which time the monthly 2 17 pensions shall again be adjusted in accordance with paragraph 2 18 "a" of this subsection. A retired member or beneficiary is 2 19 only eligible for the adjustment under this subsection if the 2 20 retired member or beneficiary is actually receiving a pension 2 21 as of the applicable July 1 or January 1. 2 22 Sec. 4. Section 411.13, Code 1995, is amended to read as 2 23 follows: 2 24 411.13 EXEMPTION FROM EXECUTION AND OTHER PROCESS, OR 2 25 ASSIGNMENT. 2 26 The right of any person to a pension, annuity, or 2 27 retirement allowance, to the return of contributions, the 2 28 pension, annuity, or retirement allowance itself, any optional 2 29 benefit or death benefit, any other right accrued or accruing 2 30 to any person under this chapter, and the moneys in the fire 2 31 and police retirement fund created under this chapter, are not 2 32 subject to execution, garnishment, attachment, or any other 2 33 process whatsoever, and are unassignable except in accordance 2 34 with a marital property order and except asin this chapter2 35 specifically provided in this chapter. 3 1 Sec. 5. Section 411.36, subsection 1, unnumbered paragraph 3 2 1, Code 1995, as amended by 1995 Iowa Acts, Senate File 45, 3 3 section 5, is amended to read as follows: 3 4 A board of trustees for the statewide fire and police 3 5 retirement system is created. The board shall consist of 3 6thirteenfourteen members, including nine voting members and 3 7fourfive nonvoting members. Section 69.16A applies to the 3 8 appointment of the voting members of the board. The voting 3 9 members of the board shall be as follows: 3 10 Sec. 6. Section 411.36, subsection 1, unnumbered paragraph 3 11 2, Code 1995, as amended by 1995 Iowa Acts, Senate File 45, 3 12 section 5, is amended to read as follows: 3 13 The treasurer of state, or the treasurer's designee, shall 3 14 serve as an ex officio, nonvoting member. The other nonvoting 3 15 members of the board shall be two state representatives, one 3 16 appointed by the speaker of the house of representatives and 3 17 one by the minority leader of the house, and two state 3 18 senators, one appointed by the majority leader of the senate 3 19 and one by the minority leader of the senate. 3 20 Sec. 7. Section 411.36, subsection 2, Code 1995, is 3 21 amended to read as follows: 3 22 2.Except as otherwise provided for the initial3 23appointments, theThe voting members shall be appointed for 3 24 four-year terms, and the nonvoting members who are members of 3 25 the senate and the house of representatives shall be appointed 3 26 for two-year terms. Terms begin on May 1 in the year of 3 27 appointment and expire on April 30 in the year of expiration. 3 28 Sec. 8. Section 411.36, subsection 5, paragraph a, Code 3 29 1995, is amended to read as follows: 3 30 a. Members of the board, except the treasurer of state or 3 31 the treasurer's designee, shall be paid their actual and 3 32 necessary expenses incurred in the performance of their duties 3 33 and shall receive a per diem as specified in section 7E.6 for 3 34 each day of service. Per diem and expenses shall be paid to 3 35 voting members from the fire and police retirement fund 4 1 created in section 411.8. 4 2 Sec. 9. MEMBERSHIP OF TREASURER OF STATE. The treasurer 4 3 of state, or the treasurer's designee, shall become a member 4 4 of the board on May 1, 1995. 4 5 Sec. 10. EFFECTIVE DATE. Sections 5 through 9 of this 4 6 Act, being deemed of immediate importance, take effect upon 4 7 enactment. 4 8 EXPLANATION 4 9 The bill makes several changes to the statewide fire and 4 10 police retirement system. The bill allows the board of 4 11 trustees to update medical protocols the board has adopted for 4 12 physical examinations required for employment of police 4 13 officers and fire fighters. The bill provides that a member 4 14 who has received a service retirement allowance for two years 4 15 and returns to employment is considered reemployed and may 4 16 continue to receive the member's service retirement allowance 4 17 during the reemployment period. A member who returns to 4 18 employment within two years after retirement returns as an 4 19 active member of the system and upon the member's subsequent 4 20 retirement, the member's service retirement allowance is 4 21 recalculated. The bill states that a member shall actually be 4 22 receiving a retirement allowance on the date of pension 4 23 readjustment in order to receive the readjustment. The bill 4 24 states that pensions are assignable under marital property 4 25 orders. 4 26 The bill adds the treasurer of state, or the treasurer's 4 27 designee, as an ex officio, nonvoting member of the board of 4 28 trustees of the statewide fire and police retirement system 4 29 effective May 1, 1995. The bill requires the membership of 4 30 the voting members to be gender-balanced. The provisions 4 31 pertaining to the treasurer of state and the gender balance 4 32 requirement take effect upon enactment. 4 33 LSB 2615SV 76 4 34 rj/cf/24
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