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House Journal: Page 1876: Tuesday, April 23, 1996

Page   3

 1   97B.50, subsection 2.
 2     b.  Upon application of a member, a member who has
 3   become totally and permanently incapacitated for duty
 4   shall be retired by the department, provided that the
 5   medical board shall certify that the member is
 6   mentally or physically incapacitated for further
 7   performance of duty, that the incapacity is likely to
 8   be permanent, and that the member should be retired.
 9   The department shall make the final determination,
10   based on the medical evidence received, of a member's
11   total and permanent disability.  However, if a
12   person's membership in the system first commenced on
13   or after July 1, 1997, the member shall not be
14   eligible for benefits with respect to a disability
15   which would not exist, but for a medical condition
16   that was known to exist on the date that membership
17   commenced.
18     c.  Upon retirement for an ordinary disability as
19   provided by this subsection, a member shall receive
20   the greater of a monthly ordinary disability
21   retirement allowance calculated under this subsection
22   or a disability retirement allowance calculated under
23   section 97B.50, subsection 2.  The monthly ordinary
24   disability allowance calculated under this subsection
25   shall consist of an allowance equal to one-twelfth of
26   fifty percent of the member's three-year average
27   covered wage at the time of disability.
28     4.  OFFSET TO ALLOWANCE.  Any amounts which may be
29   paid or payable by the employer under the provisions
30   of any workers' compensation or other law to a member,
31   or to the dependents of a member on account of any
32   disability, shall be offset against and payable in
33   lieu of any retirement allowance payable pursuant to
34   this section on account of the same disability.
35     5.  REEXAMINATION - REEMPLOYMENT OF MEMBERS
36   RETIRED ON ACCOUNT OF AN ACCIDENTAL DISABILITY.
37     a.  Once each year during the first five years
38   following the retirement of a member under this
39   section, and once in every three-year period
40   thereafter, the department may, and upon the member's
41   application shall, require any member receiving an
42   accidental or ordinary disability retirement allowance
43   who has not yet attained the age of fifty-five years
44   to undergo a medical examination as arranged by the
45   medical board.  The examination shall be made by the
46   medical board or by an additional physician or
47   physicians designated by the board.  If any member
48   receiving an accidental or ordinary disability
49   retirement allowance who has not attained the age of
50   fifty-five years refuses to submit to the medical

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/01800/01876.html
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