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Senate Study Bill 2211

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 411.6, subsection 5, paragraph c, Code
  1  2 1995, is amended to read as follows:
  1  3    c.  Disease under this section shall mean heart disease or
  1  4 any disease of the lungs or respiratory tract and shall be
  1  5 presumed is deemed to have been contracted while on active
  1  6 duty as a result of strain or the inhalation of noxious fumes,
  1  7 poison, or gases.  However, if a person's membership in the
  1  8 system first commenced on or after July 1, 1992, and the heart
  1  9 disease or disease of the lungs or respiratory tract would not
  1 10 exist, but for a medical condition that was known to exist on
  1 11 the date that membership commenced, the presumption
  1 12 established in this paragraph shall not apply.
  1 13    Sec. 2.  Section 411.6, subsection 9, paragraph b,
  1 14 unnumbered paragraph 2, Code 1995, is amended to read as
  1 15 follows:
  1 16    Disease under this subsection shall mean heart disease or
  1 17 any disease of the lungs or respiratory tract and shall be
  1 18 presumed is deemed to have been contracted while on active
  1 19 duty as a result of strain or the inhalation of noxious fumes,
  1 20 poison, or gases.  
  1 21                           EXPLANATION
  1 22    Currently, a member of the statewide fire and police
  1 23 retirement system who contracts heart or lung disease is
  1 24 presumed to have contracted the disease while on active duty
  1 25 for purposes of establishing the member's disability payments
  1 26 and accidental death benefits under the system.  This bill
  1 27 eliminates the presumption and provides that heart and lung
  1 28 disease is deemed to be job-related.
  1 29    This bill may include a state mandate as defined in section
  1 30 25B.3.  The state mandate funding requirement in section
  1 31 25B.2, however, does not apply to public employee retirement
  1 32 systems.  
  1 33 LSB 4222SC 76
  1 34 ec/sc/14
     
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