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House Journal: Page 1785: Monday, April 22, 1996

Page   8

 1   a and b, Code Supplement 1995, are amended to read as
 2   follows:
 3     a.  Service in the armed forces of the United
 4   States, if the employee was employed by the employer
 5   immediately prior to entry into the armed forces, and
 6   if the employee was released from service and returns
 7   to covered employment with the employer within twelve
 8   months of the date on which the employee has the right
 9   of release from service or within a longer period as
10   provided required by the applicable laws of the
United
11   States.
12     b.  Leave of absence or vacation authorized by the
13   employer for a period not exceeding twelve months.  A
14   leave of absence authorized pursuant to the
15   requirements of the federal Family and Medical Leave
16   Act of 1993 is considered a leave of absence
17   authorized by the employer.
18     Sec. 19.  Section 97B.41, Code Supplement 1995, is
19   amended by adding the following new subsection:
20     NEW SUBSECTION.  16A.  "Special service" means
21   service for an employer while employed in a protection
22   occupation as provided in section 97B.49, subsection
23   16, paragraph "a", and as a county sheriff, deputy
24   sheriff, or airport fire fighter as provided in
25   section 97B.49, subsection 16, paragraph "b".
26     Sec. 20.  Section 97B.41, subsection 18, Code
27   Supplement 1995, is amended to read as follows:
28     18.  a.  "Three-year average covered wage" means a
29   member's covered wages averaged for the highest three
30   years of the member's service, except as otherwise
31   provided in this subsection.  The highest three years
32   of a member's covered wages shall be determined using
33   calendar years.  However, if a member's final quarter
34   of a year of employment does not occur at the end of a
35   calendar year, the department may determine the wages
36   for the third year by computing the average quarter of
37   all quarters from the member's highest calendar year
38   of covered wages not being used in the selection of
39   the two highest years and using the computed average
40   quarter for each quarter in the third year in which no
41   wages have been reported in combination with the final
42   quarter or quarters of the member's service to create
43   a full year.  However, the department shall not use
44   the member's final quarter of wages if using that
45   quarter would reduce the member's three-year average
46   covered wage.  If the three-year average covered wage
47   of a member exceeds the highest maximum covered wages
48   in effect for a calendar year during the member's
49   period of service, the three-year average covered wage
50   of the member shall be reduced to the highest maximum

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