Text: H08343                            Text: H08345
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House Amendment 8344

Amendment Text

PAG LIN
  1  1    Amend House File 2496 as follows:
  1  2    #1.  Page 1, by inserting after line 23 the
  1  3 following:
  1  4    "Sec. 101.  Section 97A.6, subsection 4, Code 1997,
  1  5 is amended to read as follows:
  1  6    4.  ALLOWANCE ON ORDINARY DISABILITY RETIREMENT.
  1  7    a.  Upon retirement for ordinary disability prior
  1  8 to July 1, 1998, a member shall receive an ordinary
  1  9 disability retirement allowance which shall consist of
  1 10 a pension which shall equal fifty percent of the
  1 11 member's average final compensation unless either of
  1 12 the following conditions exist:
  1 13    a. (1)  If the member has not had five or more
  1 14 years of membership service, the member shall receive
  1 15 a disability pension equal to one-fourth of the
  1 16 member's average final compensation.
  1 17    b. (2)  If the member has had twenty-two or more
  1 18 years of membership service, the member shall receive
  1 19 a disability retirement allowance that is equal to the
  1 20 greater of the benefit that the member would receive
  1 21 under subsection 2 if the member were fifty-five years
  1 22 of age or the disability pension otherwise calculated
  1 23 under this subsection.
  1 24    b.  Upon retirement for ordinary disability on or
  1 25 after July 1, 1998, a member who has five or more
  1 26 years of membership service shall receive a disability
  1 27 retirement allowance in an amount equal to the greater
  1 28 of fifty percent of the member's average final
  1 29 compensation or the retirement allowance that the
  1 30 member would receive under subsection 2 if the member
  1 31 had attained fifty-five years of age.  A member who
  1 32 has less than five years of membership service shall
  1 33 receive a pension equal to one-fourth of the member's
  1 34 average final compensation.
  1 35    Sec. 102.  Section 97A.6, subsection 6, paragraph
  1 36 b, Code 1997, is amended to read as follows:
  1 37    b.  Upon retirement for accidental disability on or
  1 38 after July 1, 1990, but before July 1, 1998, a member
  1 39 shall receive an accidental disability retirement
  1 40 allowance which shall consist of a pension equal to
  1 41 sixty percent of the member's average final
  1 42 compensation.  However, if the member has had twenty-
  1 43 two or more years of membership service, the member
  1 44 shall receive a disability retirement allowance that
  1 45 is equal to the greater of the retirement allowance
  1 46 that the member would receive under subsection 2 if
  1 47 the member were fifty-five years of age or the
  1 48 disability retirement allowance calculated under this
  1 49 paragraph.
  1 50    Sec. 103.  Section 97A.6, subsection 6, Code 1997,
  2  1 is amended by adding the following new paragraph:
  2  2    NEW PARAGRAPH.  c.  Upon retirement for accidental
  2  3 disability on or after July 1, 1998, a member shall
  2  4 receive an accidental disability retirement allowance
  2  5 which shall consist of a pension in an amount equal to
  2  6 the greater of sixty percent of the member's average
  2  7 final compensation or the retirement allowance that
  2  8 the member would receive under subsection 2 if the
  2  9 member has attained fifty-five years of age.
  2 10    Sec. 104.  Section 97A.6, subsection 7, paragraph
  2 11 a, unnumbered paragraph 1, Code 1997, is amended to
  2 12 read as follows:
  2 13    Should any beneficiary for either ordinary or
  2 14 accidental disability, except a beneficiary who is
  2 15 fifty-five years of age or over and would have
  2 16 completed twenty-two years of service if the
  2 17 beneficiary had remained in active service, be engaged
  2 18 in a gainful occupation paying more than the
  2 19 difference between the member's net retirement
  2 20 allowance and one and one-half times the current
  2 21 earnable compensation of an active member at the same
  2 22 position on the salary scale within the member's rank
  2 23 as the member held at retirement, then the amount of
  2 24 the retirement allowance shall be reduced to an amount
  2 25 which together with such that the member's net
  2 26 retirement allowance plus the amount earned by the
  2 27 member shall equal one and one-half times the amount
  2 28 of the current earnable compensation of an active
  2 29 member at the same position on the salary scale within
  2 30 the member's rank as the member held at retirement.
  2 31 Should the member's earning capacity be later changed,
  2 32 the amount of the retirement allowance may be further
  2 33 modified, provided that the new retirement allowance
  2 34 shall not exceed the amount of the retirement
  2 35 allowance originally granted adjusted by annual
  2 36 readjustments of pensions pursuant to subsection 14 of
  2 37 this section nor an amount which would cause the
  2 38 member's net retirement allowance, when added to the
  2 39 amount earned by the beneficiary, equals to equal one
  2 40 and one-half times the amount of the current earnable
  2 41 compensation of an active member at the same position
  2 42 on the salary scale within the member's rank as the
  2 43 member held at retirement.  A beneficiary restored to
  2 44 active service at a salary less than the average final
  2 45 compensation upon the basis of which the member was
  2 46 retired at age fifty-five or greater, shall not again
  2 47 become a member of the retirement system and shall
  2 48 have the member's retirement allowance suspended while
  2 49 in active service.  If the rank or position held by
  2 50 the retired member is subsequently abolished,
  3  1 adjustments to the allowable limit on the amount of
  3  2 income which can be earned in a gainful occupation
  3  3 shall be computed in the same manner as provided in
  3  4 subsection 14, paragraph "c", of this section for
  3  5 readjustment of pensions when a rank or position has
  3  6 been abolished.  If the salary scale associated with a
  3  7 member's rank at retirement is changed after the
  3  8 member retires, earnable compensation for purposes of
  3  9 this section shall be based upon the salary an active
  3 10 member currently would receive at the same rank and
  3 11 with seniority equal to that of the retired member at
  3 12 the time of retirement.  For purposes of this
  3 13 paragraph, "net retirement allowance" means the amount
  3 14 determined by subtracting the amount paid during the
  3 15 previous calendar year by the beneficiary for health
  3 16 insurance or similar health care coverage for the
  3 17 beneficiary and the beneficiary's dependents from the
  3 18 amount of the member's retirement allowance paid for
  3 19 that year pursuant to this chapter.  The beneficiary
  3 20 shall submit sufficient documentation to the board of
  3 21 trustees to permit the system to determine the
  3 22 member's net retirement allowance for the applicable
  3 23 year.
  3 24    Sec. 105.  APPLICABILITY.  Section 104 of this Act,
  3 25 amending section 97A.6, subsection 7, paragraph "a",
  3 26 is applicable to amounts earned by a beneficiary after
  3 27 December 31, 1997."
  3 28    #2.  Page 78, by inserting after line 28 the
  3 29 following:
  3 30    "Sec. 106.  NEW SECTION.  29.2A  AIRPORT FIRE
  3 31 FIGHTERS – MAXIMUM AGE.
  3 32    The maximum age for a person to be employed as an
  3 33 airport fire fighter by the military division of the
  3 34 department of public defense is sixty-five years of
  3 35 age.
  3 36    Sec. 107.  Section 80.36, Code 1997, is amended to
  3 37 read as follows:
  3 38    80.36  MAXIMUM AGE.
  3 39    The maximum age for a person to be employed as a
  3 40 peace officer in the divisions of highway safety,
  3 41 uniformed force and radio communications, criminal
  3 42 investigation and bureau of identification, and drug
  3 43 law enforcement department of public safety is sixty-
  3 44 five years of age."
  3 45    #3.  Page 78, by inserting after line 34 the
  3 46 following:
  3 47    "Sec. 108.  Section 321.477, Code 1997, is amended
  3 48 to read as follows:
  3 49    321.477  EMPLOYEES AS PEACE OFFICERS – MAXIMUM
  3 50 AGE.
  4  1    The department may designate by resolution certain
  4  2 of its employees upon each of whom there is hereby
  4  3 conferred the authority of a peace officer to control
  4  4 and direct traffic and weigh vehicles, and to make
  4  5 arrests for violations of the motor vehicle laws
  4  6 relating to the operating authority, registration,
  4  7 size, weight, and load of motor vehicles and trailers
  4  8 and registration of a motor carrier's interstate
  4  9 transportation service with the department.  The
  4 10 maximum age for a person employed as a peace officer
  4 11 pursuant to this section is sixty-five years of age.
  4 12    Sec. 109.  Section 330A.8, subsection 16, Code
  4 13 1997, is amended to read as follows:
  4 14    16.  To designate employees upon whom are conferred
  4 15 all the powers of a peace officer as defined in
  4 16 section 801.4.  The maximum age for a person
  4 17 designated as a peace officer pursuant to this
  4 18 subsection is sixty-five years of age.
  4 19    Sec. 110.  Section 331.903, Code 1997, is amended
  4 20 by adding the following new subsection:
  4 21    NEW SUBSECTION.  6.  The maximum age for a person
  4 22 to be employed as a deputy sheriff appointed pursuant
  4 23 to this section is sixty-five years of age.
  4 24    Sec. 111.  Section 362.10, Code 1997, is amended to
  4 25 read as follows:
  4 26    362.10  POLICE OFFICERS AND FIRE FIGHTERS.
  4 27    The maximum age for a police officer, marshal, or
  4 28 fire fighter employed for police duty or the duty of
  4 29 fighting fires is sixty-five years of age.  This
  4 30 section shall not apply to volunteer fire fighters.
  4 31    Sec. 12.  Section 456A.13, Code 1997, is amended to
  4 32 read as follows:
  4 33    456A.13  OFFICERS AND EMPLOYEES – PEACE OFFICER
  4 34 STATUS.
  4 35    The director shall employ the number of assistants,
  4 36 including a professionally trained state forester,
  4 37 that are necessary to carry out the duties imposed on
  4 38 the commission; and, under the same conditions, the
  4 39 director shall appoint the number of full-time
  4 40 officers and supervisory personnel that are necessary
  4 41 to enforce all laws of the state and rules and
  4 42 regulations of the commission.  The full-time officers
  4 43 and supervisory personnel have the same powers that
  4 44 are conferred by law on peace officers in the
  4 45 enforcement of all laws of the state of Iowa and the
  4 46 apprehension of violators.  A person appointed as a
  4 47 full-time officer shall be at least twenty-one years
  4 48 of age, but not more than sixty-five years of age, on
  4 49 the date of appointment and shall not be employed as a
  4 50 full-time officer after attaining the age of sixty-
  5  1 five.  "Full-time officer" means any person appointed
  5  2 by the director to enforce the laws of this state."
  5  3    #4.  Page 80, lines 33 and 34, by striking the
  5  4 words "written comments on the results of the
  5  5 examination".
  5  6    #5.  Page 81, line 1, by inserting after the word
  5  7 "examination" the following:  "written comments
  5  8 concerning issues to be considered by the consultant,
  5  9 prior to the hiring of the consultant, and written
  5 10 comments on the results of the examination".
  5 11    #6.  By renumbering as necessary.  
  5 12 
  5 13 
  5 14                               
  5 15 MARTIN of Scott 
  5 16 HF 2496.304 77
  5 17 ec/cf/28
     

Text: H08343                            Text: H08345
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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