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Senate Study Bill 2291

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, or an
  1  5 infectious disease, and shall be presumed to have been
  1  6 contracted while on active duty as a result of strain or the
  1  7 inhalation of noxious fumes, poison, or gases.  For purposes
  1  8 of this paragraph, "infectious disease" includes, but is not
  1  9 limited to, hepatitis in any form, tuberculosis, HIV or AIDS
  1 10 as defined in section 141.21, and all forms of cancer.
  1 11 However, if a person's membership in the system first
  1 12 commenced on or after July 1, 1992, and the heart disease,
  1 13 infectious disease, or disease of the lungs or respiratory
  1 14 tract would not exist, but for a medical condition that was
  1 15 known to exist on the date that membership commenced, the
  1 16 presumption established in this paragraph shall not apply.
  1 17    Sec. 2.  Section 411.6, subsection 9, paragraph b,
  1 18 unnumbered paragraph 2, Code 1995, is amended to read as
  1 19 follows:
  1 20    Disease under this subsection shall mean heart disease, or
  1 21 any disease of the lungs or respiratory tract, or an
  1 22 infectious disease, and shall be presumed to have been
  1 23 contracted while on active duty as a result of strain or the
  1 24 inhalation of noxious fumes, poison, or gases.  For purposes
  1 25 of this paragraph, "infectious disease" includes, but is not
  1 26 limited to, hepatitis in any form, tuberculosis, HIV or AIDS
  1 27 as defined in section 141.21, and all forms of cancer.  
  1 28                           EXPLANATION
  1 29    This bill provides that infectious diseases contracted by a
  1 30 member of the statewide fire and police retirement system are
  1 31 presumed to be disease contracted while on active duty due to
  1 32 the job for purposes of establishing disability or providing a
  1 33 death benefit.  The bill also provides that the presumption
  1 34 will not apply to members who join the system after July 1,
  1 35 1992, and in which the infectious disease would not have
  2  1 existed but for a medical condition that was known on the date
  2  2 the member joined.
  2  3    This bill may impose a state mandate as defined in section
  2  4 25B.3.  The state mandate funding requirement in section
  2  5 25B.2, however, does not apply to public employee retirement
  2  6 systems.  
  2  7 LSB 4223SC 76
  2  8 ec/sc/14
     

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