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House Journal: Page 1822: Monday, April 22, 1996

Page  45

 1   offer of employment has been made to the applicant.
 2   An applicant shall not be discriminated against on the
 3   basis of height, weight, sex, or race in determining
 4   physical or mental ability of the applicant.
 5   Reasonable rules relating to strength, agility, and
 6   general health of applicants shall be prescribed.  The
 7   costs of the physical examination required under this
 8   subsection shall be paid from the trust and agency
 9   fund of the city.
10     Sec. 91.  Section 411.5, Code 1995, is amended by
11   adding the following new subsection:
12     NEW SUBSECTION.  13.  VOLUNTARY BENEFIT PROGRAMS.
13   The board of trustees shall be responsible for the
14   administration of the voluntary benefit programs
15   established under section 411.40.  The board may take
16   any necessary action, including the adoption of rules,
17   for purposes of administering the programs.
18     Sec. 92.  Section 411.6, subsection 7, paragraph a,
19   unnumbered paragraph 1, Code 1995, is amended to read
20   as follows:
21     Should any beneficiary for either ordinary or
22   accidental disability, except a beneficiary who is
23   fifty-five years of age or over and would have
24   completed twenty-two years of service if the
25   beneficiary had remained in active service, be engaged
26   in a gainful occupation paying more than the
27   difference between the member's retirement allowance
28   and one and one-half times the earnable compensation
29   of an active member at the same position on the salary
30   scale within the member's rank as the member held at
31   retirement, then the amount of the member's retirement
32   allowance shall be reduced to an amount which together
33   with the amount earned by the member shall equal one
34   and one-half times the amount of the current earnable
35   compensation of an active member at the same position
36   on the salary scale within the member's rank as the
37   member held at retirement.  Should the member's
38   earning capacity be later changed, the amount of the
39   member's retirement allowance may be further modified,
40   provided, that the new retirement allowance shall not
41   exceed the amount of the retirement allowance adjusted
42   by annual readjustments of pensions pursuant to
43   subsection 12 of this section nor an amount which,
44   when added to the amount earned by the beneficiary,
45   equals one and one-half times the amount of the
46   earnable compensation of an active member at the same
47   position on the salary scale within the member's rank
48   as the member held at retirement.  A beneficiary
49   restored to active service at a salary less than the
50   average final compensation upon the basis of which the

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index Index: House Journal (76th General Assembly: Session 2)

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