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
© 1998 Cornell College and League of Women Voters of Iowa
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