Text: H09179 Text: H09181 Text: H09100 - H09199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2496, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 20, line 15, by inserting after the word 1 4 "years," the following: "the department shall provide 1 5 written notification to the member that". 1 6 #2. By striking page 51, line 35, through page 52, 1 7 line 2, and inserting the following: "context 1 8 otherwise provides: 1 9 a. "Member" means a vested member who is 1 10 classified as a special service member under section 1 11 97B.1A, subsection 21, at the time of the alleged 1 12 disability. 1 13 b. "Net disability retirement allowance" means the 1 14 amount determined by subtracting the amount paid 1 15 during the previous calendar year by the member for 1 16 health insurance or similar health care coverage for 1 17 the member and the member's dependents from the amount 1 18 of the member's disability retirement allowance paid 1 19 for that year pursuant to this section. 1 20 c. "Reemployment comparison amount" means an 1 21 amount equal to the current covered wages of an active 1 22 special service member at the same position on the 1 23 salary scale within the rank or position the member 1 24 held at the time the member received a disability 1 25 retirement allowance pursuant to this section. If the 1 26 rank or position held by the member at the time of 1 27 retirement pursuant to this section is abolished, the 1 28 amount shall be computed by the department as though 1 29 the rank or position had not been abolished and salary 1 30 increases had been granted on the same basis as 1 31 granted to other ranks or positions by the former 1 32 employer of the member. The reemployment comparison 1 33 amount shall not be less than the three-year average 1 34 covered wage of the member." 1 35 #3. Page 52, line 4, by striking the words 1 36 "Effective July 1, 1999, a" and inserting the 1 37 following: "A". 1 38 #4. Page 52, by striking lines 10 and 11 and 1 39 inserting the following: "97B.49G, as applicable." 1 40 #5. Page 52, line 28, by inserting after the word 1 41 "commenced." the following: "A member who is denied a 1 42 benefit under this subsection, by reason of a finding 1 43 by the department that the member is not mentally or 1 44 physically incapacitated for the further performance 1 45 of duty, shall be entitled to be restored to active 1 46 service in the same or comparable special service 1 47 position held by the member immediately prior to the 1 48 application for disability benefits." 1 49 #6. Page 53, line 2, by inserting after the word 1 50 "commenced" the following: ", the presumption 2 1 established in this paragraph shall not apply". 2 2 #7. Page 53, line 5, by striking the word 2 3 "greatest" and inserting the following: "greater". 2 4 #8. Page 53, line 6, by striking the words 2 5 "subsection, a" and inserting the following: 2 6 "subsection or a". 2 7 #9. Page 53, lines 8 through 10, by striking the 2 8 words ", or a disability retirement allowance 2 9 calculated under section 97B.50, subsection 2". 2 10 #10. Page 53, line 16, by striking the words and 2 11 figures "Effective July 1, 1999, a" and inserting the 2 12 following: "A". 2 13 #11. Page 53, by striking lines 21 and 22 and 2 14 inserting the following: "97B.49G, as applicable." 2 15 #12. Page 54, line 1, by inserting after the word 2 16 "commenced." the following: "A member who is denied a 2 17 benefit under this subsection, by reason of a finding 2 18 by the department that the member is not mentally or 2 19 physically incapacitated for the further performance 2 20 of duty, shall be entitled to be restored to active 2 21 service in the same or comparable special service 2 22 position held by the member immediately prior to the 2 23 application for disability benefits." 2 24 #13. Page 54, line 3, by striking the word 2 25 "greatest" and inserting the following: "greater". 2 26 #14. Page 54, line 5, by striking the words 2 27 "subsection, a" and inserting the following: 2 28 "subsection or a". 2 29 #15. Page 54, lines 7 and 8, by striking the words 2 30 ", or a disability retirement allowance calculated 2 31 under section 97B.50, subsection 2". 2 32 #16. Page 54, by inserting after line 12 the 2 33 following: 2 34 "___. WAIVER OF ALLOWANCE. A member receiving a 2 35 disability retirement allowance under this section may 2 36 file an application to receive benefits pursuant to 2 37 section 97B.50, subsection 2, in lieu of receiving a 2 38 disability retirement allowance under the provisions 2 39 of this section, if the member becomes eligible for 2 40 benefits under section 97B.50, subsection 2. An 2 41 application to receive benefits pursuant to section 2 42 97B.50, subsection 2, shall be filed with the 2 43 department within sixty days of becoming eligible for 2 44 benefits pursuant to that section or the member shall 2 45 be ineligible to elect coverage under that section. 2 46 On the first of the month following the month in which 2 47 a member's application is approved by the department, 2 48 the member's election of coverage under section 2 49 97B.50, subsection 2, shall become effective and the 2 50 member's eligibility to receive a disability 3 1 retirement allowance pursuant to this section shall 3 2 cease. Benefits payable pursuant to section 97B.50, 3 3 subsection 2, shall be calculated using the option 3 4 choice the member selected for payment of a disability 3 5 retirement allowance pursuant to this section. An 3 6 application to elect coverage under section 97B.50, 3 7 subsection 2, is irrevocable upon approval by the 3 8 department." 3 9 #17. Page 55, line 18, by inserting after the word 3 10 "members." the following: "If a member receiving a 3 11 disability retirement allowance returns to special 3 12 service employment, then the period of time the member 3 13 received a disability retirement allowance shall 3 14 constitute eligible service as defined in section 3 15 97B.49B, subsection 1, or section 97B.49C, subsection 3 16 1, as applicable." 3 17 #18. Page 55, by striking lines 21 through 27 and 3 18 inserting the following: 3 19 "b. (1) If a member receiving a disability 3 20 retirement allowance is engaged in a gainful 3 21 occupation that is not covered employment, the 3 22 member's disability retirement allowance shall be 3 23 reduced, if applicable, as provided in this paragraph. 3 24 (2) If the member is engaged in a gainful 3 25 occupation paying more than the difference between the 3 26 member's net disability retirement allowance and one 3 27 and one-half times the reemployment comparison amount 3 28 for that member, then the amount of the member's 3 29 disability retirement allowance shall be reduced to an 3 30 amount such that the member's net disability 3 31 retirement allowance plus the amount earned by the 3 32 member shall equal one and one-half times the 3 33 reemployment comparison amount for that member. 3 34 (3) The member shall submit sufficient 3 35 documentation to the system to permit the system to 3 36 determine the member's net disability retirement 3 37 allowance and earnings from a gainful occupation that 3 38 is not covered employment for the applicable year. 3 39 (4) This paragraph does not apply to a member who 3 40 is at least fifty-five years of age and would have 3 41 completed a sufficient number of years of service if 3 42 the member had remained in active special service 3 43 employment. For purposes of this subparagraph, a 3 44 sufficient number of years of service shall be twenty- 3 45 five for a special service member as described in 3 46 section 97B.49B or twenty-two years of service for a 3 47 special service member as described in section 3 48 97B.49C." 3 49 #19. Page 58, by striking lines 8 through 10 and 3 50 inserting the following: "submit to the department 4 1 any documentation the department". 4 2 #20. Page 58, by inserting after line 16 the 4 3 following: 4 4 "12. APPLICABILITY – RETROACTIVITY. 4 5 a. This section applies to a member who becomes 4 6 disabled on or after July 1, 1999, and also applies to 4 7 a member who becomes disabled prior to July 1, 1999, 4 8 if the member has not terminated special service 4 9 employment as of June 30, 1999. 4 10 b. To qualify for benefits under this section, a 4 11 member must file a completed application with the 4 12 department within one year of the member's termination 4 13 of employment. A member eligible for a disability 4 14 retirement allowance under this section is entitled to 4 15 receipt of retroactive adjustment payments for no more 4 16 than six months immediately preceding the month in 4 17 which the completed application for receipt of a 4 18 disability retirement allowance under this section is 4 19 approved." 4 20 #21. Page 78, by striking lines 5 through 14 and 4 21 inserting the following: "chapter 97Bbased upon any4 22of the following:4 23(a) Meeting the requirements for receiving4 24retirement benefits pursuant to chapter 97B based upon4 25having attained at least sixty-two years of age and4 26upon having completed at least thirty years of4 27membership service.4 28(b) Meeting the requirements for receiving4 29benefits under section 97B.49, subsection 16, without4 30a reduction for years of service pursuant to section4 3197B.49, subsection 16, paragraph". 4 32 #22. Page 80, line 4, by striking the figure 4 33 "1993" and inserting the following: "1991 or 1993, as 4 34 applicable". 4 35 #23. Page 80, line 19, by striking the word and 4 36 figures "November 1, 1993" and inserting the 4 37 following: "January 1, 1992". 4 38 #24. Page 80, line 22, by striking the word and 4 39 figure "Code 1993" and inserting the following: "Code 4 40 1991 or 1993, as applicable". 4 41 #25. Page 81, by inserting after line 19 the 4 42 following: 4 43 "Sec. ___. STUDY OF ESTABLISHMENT OF A BENEFITS 4 44 ADVISORY BOARD. The public employees' retirement 4 45 system division shall study the possible establishment 4 46 of a benefits advisory board and shall make 4 47 recommendations concerning the establishment of a 4 48 benefits advisory board. The study shall consider the 4 49 duties to be assigned to a potential benefits advisory 4 50 board, the membership of the board and the manner of 5 1 selecting members to the board, and the authority of 5 2 the board concerning any recommendations it may be 5 3 empowered to make concerning benefits to be provided 5 4 to members of the Iowa public employees' retirement 5 5 system. The division shall submit a report concerning 5 6 the results of its study to the general assembly on or 5 7 before January 8, 1999, and shall include its findings 5 8 and any recommended proposal or proposals." 5 9 #26. Page 86, by inserting after line 24 the 5 10 following: 5 11 "Sec. . Section 411.15, Code 1997, is amended 5 12 to read as follows: 5 13 411.15 HOSPITALIZATION AND MEDICAL ATTENTION. 5 14 Cities shall provide hospital, nursing, and medical 5 15 attention for the members of the police and fire 5 16 departments of the cities, when injured while in the 5 17 performance of their duties as members of such 5 18 department, and shall continue to provide hospital, 5 19 nursing, and medical attention for injuries or 5 20 diseases incurred while in the performance of their 5 21 duties for members receiving a retirement allowance 5 22 under section 411.6, subsection 6, and the. Cities 5 23 may provide the hospital, nursing, and medical 5 24 attention required by this section through the 5 25 purchase of insurance, by self-insuring the 5 26 obligation, or through payment of moneys into a local 5 27 government risk pool established for the purpose of 5 28 covering the costs associated with the requirements of 5 29 this section. The cost of providing the hospital, 5 30 nursing, and medical attention required by this 5 31 section shall be paid from moneys held in a trust and 5 32 agency fund established pursuant to section 384.6, or 5 33 out of the appropriation for the department to which 5 34 the injured person belongs or belonged; provided that 5 35 any amounts received by the injured person under the 5 36 workers' compensation law of the state, or from any 5 37 other source for such specific purposes, shall be 5 38 deducted from the amount paid by the city under the 5 39 provisions of this section." 5 40 #27. Page 87, line 34, by striking the words "city 5 41 administrator,". 5 42 #28. By renumbering, relettering, or redesignating 5 43 and correcting internal references as necessary. 5 44 HF 2496S 5 45 ec/cc/26
Text: H09179 Text: H09181 Text: H09100 - H09199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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