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House Journal: Page 757: Tuesday, March 17, 1998

 2     1.  Page 46, by inserting after line 32 the
 3   following:
 4     "Sec. 101.  NEW SECTION.  97B.50A  DISABILITY
 5   BENEFITS FOR SPECIAL SERVICE MEMBERS.
 6     1.  DEFINITIONS.  For purposes of this section,
 7   unless the context otherwise provides, "member" means
 8   a vested member who is classified as a special service
 9   member under section 97B.1A, subsection 21, at the
10   time of the alleged disability.
11     2.  IN-SERVICE DISABILITY RETIREMENT ALLOWANCE.
12     a.  Effective July 1, 1999, a member who is injured
13   in the performance of the member's duties, and
14   otherwise meets the requirements of this subsection
15   shall receive an in-service disability retirement
16   allowance under the provisions of this subsection, in
17   lieu of a monthly retirement allowance as provided in
18   section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or
19   97B.49G, as applicable, or benefits calculated as
20   provided in section 97B.50, subsection 2.
21     b.  Upon application of a member, a member who has
22   become totally and permanently incapacitated for duty
23   in the member's special service occupation as the
24   natural and proximate result of an injury, disease, or
25   exposure occurring or aggravated while in the actual
26   performance of duty shall be eligible to retire under
27   this subsection, provided that the medical board shall
28   certify that the member is mentally or physically
29   incapacitated for further performance of duty, that
30   the incapacity is likely to be permanent, and that the
31   member should be retired.  The department shall make
32   the final determination, based on the medical evidence
33   received, of a member's total and permanent
34   disability.  However, if a person's membership in the
35   system first commenced on or after July 1, 1999, the
36   member shall not be eligible for benefits with respect
37   to a disability which would not exist, but for a
38   medical condition that was known to exist on the date
39   that membership commenced, or the fact that the member
40   used or smoked tobacco, tobacco products, or
41   cigarettes.
42     c.  Disease under this subsection shall mean heart
43   disease or any disease of the lungs or respiratory
44   tract and shall be presumed to have been contracted
45   while on active duty as a result of strain, exposure,
46   or the inhalation of noxious fumes, poison, or gases.
47   However, if a person's membership in the system first
48   commenced on or after July 1, 1999, and the heart
49   disease or disease of the lungs or respiratory tract
50   would not exist, but for a medical condition that was

Page 2  

 1   known to exist on the date that membership commenced,

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Wed Mar 18 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00700/00757.html
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