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House Journal: Page 747: Tuesday, March 17, 1998

48   disability retirement allowance calculated under this
49   paragraph.
50     Sec. 103.  Section 97A.6, subsection 6, Code 1997,

Page 2  

 1   is amended by adding the following new paragraph:
 2     NEW PARAGRAPH.  c.  Upon retirement for accidental
 3   disability on or after July 1, 1998, a member shall
 4   receive an accidental disability retirement allowance
 5   which shall consist of a pension in an amount equal to
 6   the greater of sixty percent of the member's average
 7   final compensation or the retirement allowance that
 8   the member would receive under subsection 2 if the
 9   member has attained fifty-five years of age.
10     Sec. 104.  Section 97A.6, subsection 7, paragraph
11   a, unnumbered paragraph 1, Code 1997, is amended to
12   read as follows:
13     Should any beneficiary for either ordinary or
14   accidental disability, except a beneficiary who is
15   fifty-five years of age or over and would have
16   completed twenty-two years of service if the
17   beneficiary had remained in active service, be engaged
18   in a gainful occupation paying more than the
19   difference between the member's net retirement
20   allowance and one and one-half times the current
21   earnable compensation of an active member at the same
22   position on the salary scale within the member's rank
23   as the member held at retirement, then the amount of
24   the retirement allowance shall be reduced to an amount
25   which together with such that the member's net
26   retirement allowance plus the amount earned by the
27   member shall equal one and one-half times the amount
28   of the current earnable compensation of an active
29   member at the same position on the salary scale within
30   the member's rank as the member held at retirement.
31   Should the member's earning capacity be later changed,
32   the amount of the retirement allowance may be further
33   modified, provided that the new retirement allowance
34   shall not exceed the amount of the retirement
35   allowance originally granted adjusted by annual
36   readjustments of pensions pursuant to subsection 14 of
37   this section nor an amount which would cause the
38   member's net retirement allowance, when added to the
39   amount earned by the beneficiary, equals to equal
one
40   and one-half times the amount of the current earnable
41   compensation of an active member at the same position
42   on the salary scale within the member's rank as the
43   member held at retirement.  A beneficiary restored to
44   active service at a salary less than the average final
45   compensation upon the basis of which the member was
46   retired at age fifty-five or greater, shall not again
47   become a member of the retirement system and shall

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