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House Journal: Page 1875: Tuesday, April 23, 1996

Page 2  

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

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

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Last update: Wed Apr 24 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01800/01875.html
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