This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1836: Monday, April 22, 1996

Amendment H-5533 lost.
Warnstadt of Woodbury offered the following amendment H-6035, to
the committee amendment H-5515, filed by him from the floor and
moved its adoption:

H-6035

 1     Amend the amendment, H-5515, to Senate File 2245,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 20, by inserting after line 32 the
 5   following:
 6     "Sec. ___.  NEW SECTION.  97B.50A  DISABILITY
 7   BENEFITS FOR AIRPORT FIRE FIGHTERS.
 8     1.  DEFINITIONS.  For purposes of this section,
 9   unless the context otherwise provides, "member" means
10   a vested member who is classified as an airport fire
11   fighter under section 97B.49, subsection 16, at the
12   time of the alleged disability.
13     2.  ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE.
14     a.  Effective July 1, 1997, a member who is injured
15   in the performance of the member's duties, and
16   otherwise meets the requirements of this subsection
17   shall receive an accidental disability retirement
18   allowance under the provisions of this subsection, in
19   lieu of a monthly retirement allowance as provided in
20   section 97B.49 or benefits calculated as provided in
21   section 97B.50, subsection 2.
22     b.  Upon application of a member, a member who has
23   become totally and permanently incapacitated for duty
24   as the natural and proximate result of an injury,
25   disease, or exposure occurring or aggravated while in
26   the actual performance of duty shall be retired by the
27   department, provided that the medical board shall
28   certify that the member is mentally or physically
29   incapacitated for further performance of duty, that
30   the incapacity is likely to be permanent, and that the
31   member should be retired.  The department shall make
32   the final determination, based on the medical evidence
33   received, of a member's total and permanent
34   disability.  However, if a person's membership in the
35   system first commenced on or after July 1, 1997, the
36   member shall not be eligible for benefits with respect
37   to a disability which would not exist, but for a
38   medical condition that was known to exist on the date
39   that membership commenced.
40     c.  Disease under this subsection shall mean heart
41   disease or any disease of the lungs or respiratory
42   tract and shall be presumed to have been contracted
43   while on active duty as a result of strain, exposure,
44   or the inhalation of noxious fumes, poison, or gases.
45   However, if a person's membership in the system first

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Tue Apr 23 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01800/01836.html
jhf