This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 758: Tuesday, March 17, 1998

 2   or the fact that the member used or smoked tobacco,
 3   tobacco products, or cigarettes, the presumption
 4   established in this paragraph shall not apply.
 5     d.  Upon retirement for an in-service disability as
 6   provided by this subsection, a member shall receive
 7   the greatest of a monthly in-service disability
 8   retirement allowance calculated under this subsection,
 9   a monthly retirement allowance as provided in section
10   97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
11   applicable, or a disability retirement allowance
12   calculated under section 97B.50, subsection 2.  The
13   monthly in-service disability allowance calculated
14   under this subsection shall consist of an allowance
15   equal to one-twelfth of sixty percent of the member's
16   three-year average covered wage or its actuarial
17   equivalent as provided under section 97B.51.
18     3.  ORDINARY DISABILITY RETIREMENT ALLOWANCE.
19     a.  Effective July 1, 1999, a member who otherwise
20   meets the requirements of this subsection shall
21   receive an ordinary disability retirement allowance
22   under the provisions of this subsection, in lieu of a
23   monthly retirement allowance as provided in section
24   97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
25   applicable, or benefits calculated as provided in
26   section 97B.50, subsection 2.
27     b.  Upon application of a member, a member who has
28   become totally and permanently incapacitated for duty
29   in the member's special service occupation shall be
30   eligible to retire under this subsection, provided
31   that the medical board shall certify that the member
32   is mentally or physically incapacitated for further
33   performance of duty, that the incapacity is likely to
34   be permanent, and that the member should be retired.
35   The department shall make the final determination,
36   based on the medical evidence received, of a member's
37   total and permanent disability.  However, if a
38   person's membership in the system first commenced on
39   or after July 1, 1999, the member shall not be
40   eligible for benefits with respect to a disability
41   which would not exist, but for a medical condition
42   that was known to exist on the date that membership
43   commenced, or the fact that the member used or smoked
44   tobacco, tobacco products, or cigarettes.
45     c.  Upon retirement for an ordinary disability as
46   provided by this subsection, a member shall receive
47   the greatest of a monthly ordinary disability
48   retirement allowance calculated under this subsection,
49   a monthly retirement allowance as provided in section
50   97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as

Page 3

 1   applicable, or a disability retirement allowance

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Mar 18 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00700/00758.html
jhf