Text: H08440 Text: H08442 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2496 as follows:
1 2 #1. Page 46, by inserting after line 32 the
1 3 following:
1 4 "Sec. 101. NEW SECTION. 97B.50A DISABILITY
1 5 BENEFITS FOR SPECIAL SERVICE MEMBERS.
1 6 1. DEFINITIONS. For purposes of this section,
1 7 unless the context otherwise provides, "member" means
1 8 a vested member who is classified as a special service
1 9 member under section 97B.1A, subsection 21, at the
1 10 time of the alleged disability.
1 11 2. IN-SERVICE DISABILITY RETIREMENT ALLOWANCE.
1 12 a. Effective July 1, 1999, a member who is injured
1 13 in the performance of the member's duties, and
1 14 otherwise meets the requirements of this subsection
1 15 shall receive an in-service disability retirement
1 16 allowance under the provisions of this subsection, in
1 17 lieu of a monthly retirement allowance as provided in
1 18 section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or
1 19 97B.49G, as applicable, or benefits calculated as
1 20 provided in section 97B.50, subsection 2.
1 21 b. Upon application of a member, a member who has
1 22 become totally and permanently incapacitated for duty
1 23 in the member's special service occupation as the
1 24 natural and proximate result of an injury, disease, or
1 25 exposure occurring or aggravated while in the actual
1 26 performance of duty shall be eligible to retire under
1 27 this subsection, provided that the medical board shall
1 28 certify that the member is mentally or physically
1 29 incapacitated for further performance of duty, that
1 30 the incapacity is likely to be permanent, and that the
1 31 member should be retired. The department shall make
1 32 the final determination, based on the medical evidence
1 33 received, of a member's total and permanent
1 34 disability. However, if a person's membership in the
1 35 system first commenced on or after July 1, 1999, the
1 36 member shall not be eligible for benefits with respect
1 37 to a disability which would not exist, but for a
1 38 medical condition that was known to exist on the date
1 39 that membership commenced, or the fact that the member
1 40 used or smoked tobacco, tobacco products, or
1 41 cigarettes.
1 42 c. Disease under this subsection shall mean heart
1 43 disease or any disease of the lungs or respiratory
1 44 tract and shall be presumed to have been contracted
1 45 while on active duty as a result of strain, exposure,
1 46 or the inhalation of noxious fumes, poison, or gases.
1 47 However, if a person's membership in the system first
1 48 commenced on or after July 1, 1999, and the heart
1 49 disease or disease of the lungs or respiratory tract
1 50 would not exist, but for a medical condition that was
2 1 known to exist on the date that membership commenced,
2 2 or the fact that the member used or smoked tobacco,
2 3 tobacco products, or cigarettes, the presumption
2 4 established in this paragraph shall not apply.
2 5 d. Upon retirement for an in-service disability as
2 6 provided by this subsection, a member shall receive
2 7 the greatest of a monthly in-service disability
2 8 retirement allowance calculated under this subsection,
2 9 a monthly retirement allowance as provided in section
2 10 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
2 11 applicable, or a disability retirement allowance
2 12 calculated under section 97B.50, subsection 2. The
2 13 monthly in-service disability allowance calculated
2 14 under this subsection shall consist of an allowance
2 15 equal to one-twelfth of sixty percent of the member's
2 16 three-year average covered wage or its actuarial
2 17 equivalent as provided under section 97B.51.
2 18 3. ORDINARY DISABILITY RETIREMENT ALLOWANCE.
2 19 a. Effective July 1, 1999, a member who otherwise
2 20 meets the requirements of this subsection shall
2 21 receive an ordinary disability retirement allowance
2 22 under the provisions of this subsection, in lieu of a
2 23 monthly retirement allowance as provided in section
2 24 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
2 25 applicable, or benefits calculated as provided in
2 26 section 97B.50, subsection 2.
2 27 b. Upon application of a member, a member who has
2 28 become totally and permanently incapacitated for duty
2 29 in the member's special service occupation shall be
2 30 eligible to retire under this subsection, provided
2 31 that the medical board shall certify that the member
2 32 is mentally or physically incapacitated for further
2 33 performance of duty, that the incapacity is likely to
2 34 be permanent, and that the member should be retired.
2 35 The department shall make the final determination,
2 36 based on the medical evidence received, of a member's
2 37 total and permanent disability. However, if a
2 38 person's membership in the system first commenced on
2 39 or after July 1, 1999, the member shall not be
2 40 eligible for benefits with respect to a disability
2 41 which would not exist, but for a medical condition
2 42 that was known to exist on the date that membership
2 43 commenced, or the fact that the member used or smoked
2 44 tobacco, tobacco products, or cigarettes.
2 45 c. Upon retirement for an ordinary disability as
2 46 provided by this subsection, a member shall receive
2 47 the greatest of a monthly ordinary disability
2 48 retirement allowance calculated under this subsection,
2 49 a monthly retirement allowance as provided in section
2 50 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
3 1 applicable, or a disability retirement allowance
3 2 calculated under section 97B.50, subsection 2. The
3 3 monthly ordinary disability allowance calculated under
3 4 this subsection shall consist of an allowance equal to
3 5 one-twelfth of fifty percent of the member's three-
3 6 year average covered wage or its actuarial equivalent
3 7 as provided under section 97B.51.
3 8 4. OFFSET TO ALLOWANCE. Notwithstanding any
3 9 provisions to the contrary in state law, or any
3 10 applicable contract or policy, any amounts which may
3 11 be paid or payable by the employer under the
3 12 provisions of any workers' compensation, unemployment
3 13 compensation, or other law to a member, and any
3 14 disability payments the member receives pursuant to
3 15 the federal Social Security Act, 42 U.S.C. } 423 et.
3 16 seq., shall be offset against and payable in lieu of
3 17 any retirement allowance payable pursuant to this
3 18 section on account of the same disability.
3 19 5. REEXAMINATION OF MEMBERS RETIRED ON ACCOUNT OF
3 20 DISABILITY.
3 21 a. Once each year during the first five years
3 22 following the retirement of a member under this
3 23 section, and once in every three-year period
3 24 thereafter, the department may, and upon the member's
3 25 application shall, require any member receiving an in-
3 26 service or ordinary disability retirement allowance
3 27 who has not yet attained the age of fifty-five years
3 28 to undergo a medical examination as arranged by the
3 29 medical board. The examination shall be made by the
3 30 medical board or by an additional physician or
3 31 physicians designated by the board. If any member
3 32 receiving an in-service or ordinary disability
3 33 retirement allowance who has not attained the age of
3 34 fifty-five years refuses to submit to the medical
3 35 examination, the allowance may be discontinued until
3 36 the member's withdrawal of the refusal, and should the
3 37 member's refusal continue for one year, all rights in
3 38 and to the member's disability retirement allowance
3 39 shall be revoked by the department.
3 40 b. If a member is determined under paragraph "a"
3 41 to be no longer eligible for in-service or ordinary
3 42 disability benefits, all benefits paid under this
3 43 section shall cease. The member shall be eligible to
3 44 receive benefits calculated under section 97B.49B or
3 45 97B.49C, as applicable, when the member reaches age
3 46 fifty-five.
3 47 6. REEMPLOYMENT.
3 48 a. If a member receiving a disability retirement
3 49 allowance is returned to covered employment, the
3 50 member's disability retirement allowance shall cease,
4 1 the member shall again become an active member, and
4 2 shall contribute thereafter at the same rate payable
4 3 by similarly classified members. Upon subsequent
4 4 retirement, the member's retirement allowance shall be
4 5 calculated as provided in section 97B.48A.
4 6 b. Should a member who receives benefits under
4 7 this section, except a member who is sixty-five years
4 8 of age or over, be engaged in a gainful noncovered
4 9 occupation, the member's disability benefits payable
4 10 under this section for that calendar year shall be
4 11 reduced by fifty cents for every dollar the member
4 12 earns over the dollar amount determined under section
4 13 97B.48A, subsection 1.
4 14 7. DEATH BENEFITS. A member who is receiving an
4 15 in-service or ordinary disability retirement allowance
4 16 under this section shall be treated as having elected
4 17 a lifetime monthly retirement allowance with death
4 18 benefits payable under section 97B.52, subsection 2,
4 19 unless the member elects an optional form of benefit
4 20 provided under section 97B.51, which shall be
4 21 actuarially equivalent to the lifetime monthly
4 22 retirement allowance provided under this section.
4 23 8. MEDICAL BOARD. The system shall designate a
4 24 medical board to be composed of three physicians from
4 25 the university of Iowa hospitals and clinics who shall
4 26 arrange for and pass upon the medical examinations
4 27 required under the provisions of this section and
4 28 shall report in writing to the department the
4 29 conclusions and recommendations upon all matters duly
4 30 referred to the medical board. Each report of a
4 31 medical examination under this section shall include
4 32 the medical board's findings as to the extent of the
4 33 member's physical impairment. Except as required by
4 34 this section, each report shall be confidential and
4 35 shall be maintained in accordance with the federal
4 36 Americans with Disabilities Act, and any other state
4 37 or federal law containing requirements for
4 38 confidentiality of medical records.
4 39 9. LIABILITY OF THIRD PARTIES – SUBROGATION.
4 40 a. If a member receives an injury for which
4 41 benefits are payable under this section, and if the
4 42 injury is caused under circumstances creating a legal
4 43 liability for damages against a third party other than
4 44 the system, the member or the member's legal
4 45 representative may maintain an action for damages
4 46 against the third party. If a member or a member's
4 47 legal representative commences such an action, the
4 48 plaintiff member or representative shall serve a copy
4 49 of the original notice upon the system not less than
4 50 ten days before the trial of the action, but a failure
5 1 to serve the notice does not prejudice the rights of
5 2 the system, and the following rights and duties ensue:
5 3 (1) The system shall be indemnified out of the
5 4 recovery of damages to the extent of benefit payments
5 5 made by the system, with legal interest, except that
5 6 the plaintiff member's attorney fees may be first
5 7 allowed by the district court.
5 8 (2) The system has a lien on the damage claim
5 9 against the third party and on any judgment on the
5 10 damage claim for benefits for which the system is
5 11 liable. In order to continue and preserve the lien,
5 12 the system shall file a notice of the lien within
5 13 thirty days after receiving a copy of the original
5 14 notice in the office of the clerk of the district
5 15 court in which the action is filed.
5 16 b. If a member fails to bring an action for
5 17 damages against a third party within thirty days after
5 18 the system requests the member in writing to do so,
5 19 the system is subrogated to the rights of the member
5 20 and may maintain the action against the third party,
5 21 and may recover damages for the injury to the same
5 22 extent that the member may recover damages for the
5 23 injury. If the system recovers damages in the action,
5 24 the court shall enter judgment for distribution of the
5 25 recovery as follows:
5 26 (1) A sum sufficient to repay the system for the
5 27 amount of such benefits actually paid by the system up
5 28 to the time of the entering of the judgment.
5 29 (2) A sum sufficient to pay the system the present
5 30 worth, computed at the interest rate provided in
5 31 section 535.3 for court judgments and decrees, of the
5 32 future payments of such benefits, for which the system
5 33 is liable, but the sum is not a final adjudication of
5 34 the future payment which the member is entitled to
5 35 receive.
5 36 (3) Any balance shall be paid to the member.
5 37 c. Before a settlement is effective between a
5 38 system and a third party who is liable for any injury,
5 39 the member must consent in writing to the settlement;
5 40 and if the settlement is between the member and a
5 41 third party, the system must consent in writing to the
5 42 settlement; or on refusal to consent, in either case,
5 43 the district court in the county in which either the
5 44 employer of the member or the system is located must
5 45 consent in writing to the settlement.
5 46 d. For purposes of subrogation under this section,
5 47 a payment made to an injured member or the member's
5 48 legal representative, by or on behalf of a third party
5 49 or the third party's principal or agent, who is liable
5 50 for, connected with, or involved in causing the injury
6 1 to the member, shall be considered paid as damages
6 2 because the injury was caused under circumstances
6 3 creating a legal liability against the third party,
6 4 whether the payment is made under a covenant not to
6 5 sue, compromise settlement, denial of liability, or is
6 6 otherwise made.
6 7 10. A member retired under this section, in order
6 8 to be eligible for continued receipt of retirement
6 9 benefits, shall no later than May 15 of each year
6 10 submit to the department a copy of the member's
6 11 federal individual income tax return for the preceding
6 12 year, or any other documentation the department may
6 13 reasonably request which will provide information
6 14 needed to determine payments to the member under this
6 15 section.
6 16 11. The expenses incurred in the administration of
6 17 this section by the system shall be paid through
6 18 additional contributions as determined pursuant to
6 19 section 97B.49B, subsection 3, or section 97B.49C,
6 20 subsection 3, as applicable.
6 21 12. RULES. The department shall adopt rules
6 22 pursuant to chapter 17A specifying the application
6 23 procedure for members pursuant to this section."
6 24 #2. Page 67, by inserting after line 35 the
6 25 following:
6 26 "Sec. 102. EFFECTIVE DATE. Section 101 of this
6 27 Act, creating new section 97B.50A, takes effect July
6 28 1, 1999."
6 29 #3. Page 79, by striking lines 31 through 34 and
6 30 inserting the following: "each retirement system.
6 31 Consideration of benefit enhancements".
6 32 #4. Page 79, line 35, by inserting after the word
6 33 "account" the following: "the availability of
6 34 enhanced disability benefits for members of each
6 35 retirement system under examination and".
6 36 #5. Page 81, line 2, by striking the words and
6 37 figures "September 1, 2000" and inserting the
6 38 following: "November 2, 1998".
6 39 #6. Page 81, line 10, by striking the words and
6 40 figure "3 and shall," and inserting the following:
6 41 "3."
6 42 #7. Page 81, by striking lines 11 through 14.
6 43 #8. By renumbering as necessary.
6 44
6 45
6 46
6 47 MARTIN of Scott
6 48 HF 2496.708 77
6 49 ec/sc/28
Text: H08440 Text: H08442 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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