Text: S05642 Text: S05644 Text: S05600 - S05699 Text: S 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. By striking page 51, line 35, through page 52, 1 4 line 2, and inserting the following: "context 1 5 otherwise provides: 1 6 a. "Member" means a vested member who is 1 7 classified as a special service member under section 1 8 97B.1A, subsection 21, at the time of the alleged 1 9 disability. 1 10 b. "Net disability retirement allowance" means the 1 11 amount determined by subtracting the amount paid 1 12 during the previous calendar year by the member for 1 13 health insurance or similar health care coverage for 1 14 the member and the member's dependents from the amount 1 15 of the member's disability retirement allowance paid 1 16 for that year pursuant to this section. 1 17 c. "Reemployment comparison amount" means an 1 18 amount equal to the current covered wages of an active 1 19 special service member at the same position on the 1 20 salary scale within the rank or position the member 1 21 held at the time the member received a disability 1 22 retirement allowance pursuant to this section. If the 1 23 rank or position held by the member at the time of 1 24 retirement pursuant to this section is abolished, the 1 25 amount shall be computed by the department as though 1 26 the rank or position had not been abolished and salary 1 27 increases had been granted on the same basis as 1 28 granted to other ranks or positions by the former 1 29 employer of the member. The reemployment comparison 1 30 amount shall not be less than the three-year average 1 31 covered wage of the member." 1 32 #2. Page 52, line 4, by striking the words 1 33 "Effective July 1, 1999, a" and inserting the 1 34 following: "A". 1 35 #3. Page 52, by striking lines 10 and 11 and 1 36 inserting the following: "97B.49G, as applicable." 1 37 #4. Page 52, line 28, by inserting after the word 1 38 "commenced." the following: "A member who is denied a 1 39 benefit under this subsection, by reason of a finding 1 40 by the department that the member is not mentally or 1 41 physically incapacitated for the further performance 1 42 of duty, shall be entitled to be restored to active 1 43 service in the same or comparable special service 1 44 position held by the member immediately prior to the 1 45 application for disability benefits." 1 46 #5. Page 53, line 2, by inserting after the word 1 47 "commenced" the following: ", the presumption 1 48 established in this paragraph shall not apply". 1 49 #6. Page 53, line 5, by striking the word 1 50 "greatest" and inserting the following: "greater". 2 1 #7. Page 53, line 6, by striking the words 2 2 "subsection, a" and inserting the following: 2 3 "subsection or a". 2 4 #8. Page 53, lines 8 through 10, by striking the 2 5 words ", or a disability retirement allowance 2 6 calculated under section 97B.50, subsection 2". 2 7 #9. Page 53, line 16, by striking the words and 2 8 figures "Effective July 1, 1999, a" and inserting the 2 9 following: "A". 2 10 #10. Page 53, by striking lines 21 and 22 and 2 11 inserting the following: "97B.49G, as applicable." 2 12 #11. Page 54, line 1, by inserting after the word 2 13 "commenced." the following: "A member who is denied a 2 14 benefit under this subsection, by reason of a finding 2 15 by the department that the member is not mentally or 2 16 physically incapacitated for the further performance 2 17 of duty, shall be entitled to be restored to active 2 18 service in the same or comparable special service 2 19 position held by the member immediately prior to the 2 20 application for disability benefits." 2 21 #12. Page 54, line 3, by striking the word 2 22 "greatest" and inserting the following: "greater". 2 23 #13. Page 54, line 5, by striking the words 2 24 "subsection, a" and inserting the following: 2 25 "subsection or a". 2 26 #14. Page 54, lines 7 and 8, by striking the words 2 27 ", or a disability retirement allowance calculated 2 28 under section 97B.50, subsection 2". 2 29 #15. Page 54, by inserting after line 12 the 2 30 following: 2 31 "___. WAIVER OF ALLOWANCE. A member receiving a 2 32 disability retirement allowance under this section may 2 33 file an application to receive benefits pursuant to 2 34 section 97B.50, subsection 2, in lieu of receiving a 2 35 disability retirement allowance under the provisions 2 36 of this section, if the member becomes eligible for 2 37 benefits under section 97B.50, subsection 2. An 2 38 application to receive benefits pursuant to section 2 39 97B.50, subsection 2, shall be filed with the 2 40 department within sixty days of becoming eligible for 2 41 benefits pursuant to that section or the member shall 2 42 be ineligible to elect coverage under that section. 2 43 On the first of the month following the month in which 2 44 a member's application is approved by the department, 2 45 the member's election of coverage under section 2 46 97B.50, subsection 2, shall become effective and the 2 47 member's eligibility to receive a disability 2 48 retirement allowance pursuant to this section shall 2 49 cease. Benefits payable pursuant to section 97B.50, 2 50 subsection 2, shall be calculated using the option 3 1 choice the member selected for payment of a disability 3 2 retirement allowance pursuant to this section. An 3 3 application to elect coverage under section 97B.50, 3 4 subsection 2, is irrevocable upon approval by the 3 5 department." 3 6 #16. Page 55, line 18, by inserting after the word 3 7 "members." the following: "If a member receiving a 3 8 disability retirement allowance returns to special 3 9 service employment, then the period of time the member 3 10 received a disability retirement allowance shall 3 11 constitute eligible service as defined in section 3 12 97B.49B, subsection 1, or section 97B.49C, subsection 3 13 1, as applicable." 3 14 #17. Page 55, by striking lines 21 through 27 and 3 15 inserting the following: 3 16 "b. (1) If a member receiving a disability 3 17 retirement allowance is engaged in a gainful 3 18 occupation that is not covered employment, the 3 19 member's disability retirement allowance shall be 3 20 reduced, if applicable, as provided in this paragraph. 3 21 (2) If the member is engaged in a gainful 3 22 occupation paying more than the difference between the 3 23 member's net disability retirement allowance and one 3 24 and one-half times the reemployment comparison amount 3 25 for that member, then the amount of the member's 3 26 disability retirement allowance shall be reduced to an 3 27 amount such that the member's net disability 3 28 retirement allowance plus the amount earned by the 3 29 member shall equal one and one-half times the 3 30 reemployment comparison amount for that member. 3 31 (3) The member shall submit sufficient 3 32 documentation to the system to permit the system to 3 33 determine the member's net disability retirement 3 34 allowance and earnings from a gainful occupation that 3 35 is not covered employment for the applicable year. 3 36 (4) This paragraph does not apply to a member who 3 37 is at least fifty-five years of age and would have 3 38 completed a sufficient number of years of service if 3 39 the member had remained in active special service 3 40 employment. For purposes of this subparagraph, a 3 41 sufficient number of years of service shall be twenty- 3 42 five for a special service member as described in 3 43 section 97B.49B or twenty-two years of service for a 3 44 special service member as described in section 3 45 97B.49C." 3 46 #18. Page 58, by striking lines 8 through 10 and 3 47 inserting the following: "submit to the department 3 48 any documentation the department". 3 49 #19. Page 58, by inserting after line 16 the 3 50 following: 4 1 "12. APPLICABILITY RETROACTIVITY. 4 2 a. This section applies to a member who becomes 4 3 disabled on or after July 1, 1999, and also applies to 4 4 a member who becomes disabled prior to July 1, 1999, 4 5 if the member has not terminated special service 4 6 employment as of June 30, 1999. 4 7 b. To qualify for benefits under this section, a 4 8 member must file a completed application with the 4 9 department within one year of the member's termination 4 10 of employment. A member eligible for a disability 4 11 retirement allowance under this section is entitled to 4 12 receipt of retroactive adjustment payments for no more 4 13 than six months immediately preceding the month in 4 14 which the completed application for receipt of a 4 15 disability retirement allowance under this section is 4 16 approved." 4 17 #20. Page 87, line 34, by striking the words "city 4 18 administrator,". 4 19 #21. By renumbering as necessary. 4 20 4 21 4 22 4 23 SHELDON RITTMER 4 24 4 25 4 26 4 27 JOHN P. KIBBIE 4 28 4 29 4 30 4 31 RICHARD F. DRAKE 4 32 4 33 4 34 4 35 HF 2496.518 77 4 36 ec/jw/28
Text: S05642 Text: S05644 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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