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House Journal: Page 1838: Monday, April 22, 1996

46     4.  OFFSET TO ALLOWANCE.  Any amounts which may be
47   paid or payable by the employer under the provisions
48   of any workers' compensation or other law to a member,
49   or to the dependents of a member on account of any
50   disability, shall be offset against and payable in

Page   3

 1   lieu of any retirement allowance payable pursuant to
 2   this section on account of the same disability.
 3     5.  REEXAMINATION - REEMPLOYMENT OF MEMBERS
 4   RETIRED ON ACCOUNT OF AN ACCIDENTAL DISABILITY.
 5     a.  Once each year during the first five years
 6   following the retirement of a member under this
 7   section, and once in every three-year period
 8   thereafter, the department may, and upon the member's
 9   application shall, require any member receiving an
10   accidental or ordinary disability retirement allowance
11   who has not yet attained the age of fifty-five years
12   to undergo a medical examination as arranged by the
13   medical board.  The examination shall be made by the
14   medical board or by an additional physician or
15   physicians designated by the board.  If any member
16   receiving an accidental or ordinary disability
17   retirement allowance who has not attained the age of
18   fifty-five years refuses to submit to the medical
19   examination, the allowance may be discontinued until
20   the member's withdrawal of the refusal, and should the
21   member's refusal continue for one year, all rights in
22   and to the member's disability retirement allowance
23   shall be revoked by the department.
24     b.  If a member receiving a disability retirement
25   allowance is returned to covered employment, the
26   member's disability retirement allowance shall cease,
27   the member shall again become an active member, and
28   shall contribute thereafter at the same rate payable
29   by similarly classified members.  Upon subsequent
30   retirement, the member's retirement allowance shall be
31   calculated as provided in section 97B.48A.
32     6.  DEATH BENEFITS.  A member who is receiving an
33   accidental or ordinary disability retirement allowance
34   under this section shall be treated as having elected
35   a lifetime monthly retirement allowance with no death
36   benefit unless the member elects an optional form of
37   benefit provided under section 97B.51, which shall be
38   actuarially equivalent to the lifetime monthly
39   retirement allowance provided under this section.
40     7.  MEDICAL BOARD.  The system shall designate a
41   medical board to be composed of three physicians who
42   shall arrange for and pass upon the medical
43   examinations required under the provisions of this
44   section and shall report in writing to the department
45   the conclusions and recommendations upon all matters

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

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