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House Journal: Page 1837: Monday, April 22, 1996

46   commenced on or after July 1, 1997, and the heart
47   disease or disease of the lungs or respiratory tract
48   would not exist, but for a medical condition that was
49   known to exist on the date that membership commenced,
50   the presumption established in this paragraph shall

Page 2  

 1   not apply.
 2     d.  Upon retirement for an accidental disability as
 3   provided by this subsection, a member shall receive
 4   the greater of a monthly accidental disability
 5   retirement allowance calculated under this subsection
 6   or a disability retirement allowance calculated under
 7   section 97B.50, subsection 2.  The monthly accidental
 8   disability allowance calculated under this subsection
 9   shall consist of an allowance equal to one-twelfth of
10   sixty percent of the member's three-year average
11   covered wage at the time of disability.
12     3.  ORDINARY DISABILITY RETIREMENT ALLOWANCE.
13     a.  Effective July 1, 1997, a member who otherwise
14   meets the requirements of this subsection shall
15   receive an ordinary disability retirement allowance
16   under the provisions of this subsection, in lieu of a
17   monthly retirement allowance as provided in section
18   97B.49 or benefits calculated as provided in section
19   97B.50, subsection 2.
20     b.  Upon application of a member, a member who has
21   become totally and permanently incapacitated for duty
22   shall be retired by the department, provided that the
23   medical board shall certify that the member is
24   mentally or physically incapacitated for further
25   performance of duty, that the incapacity is likely to
26   be permanent, and that the member should be retired.
27   The department shall make the final determination,
28   based on the medical evidence received, of a member's
29   total and permanent disability.  However, if a
30   person's membership in the system first commenced on
31   or after July 1, 1997, the member shall not be
32   eligible for benefits with respect to a disability
33   which would not exist, but for a medical condition
34   that was known to exist on the date that membership
35   commenced.
36     c.  Upon retirement for an ordinary disability as
37   provided by this subsection, a member shall receive
38   the greater of a monthly ordinary disability
39   retirement allowance calculated under this subsection
40   or a disability retirement allowance calculated under
41   section 97B.50, subsection 2.  The monthly ordinary
42   disability allowance calculated under this subsection
43   shall consist of an allowance equal to one-twelfth of
44   fifty percent of the member's three-year average
45   covered wage at the time of disability.

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/01800/01837.html
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