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House Journal: Page 760: Tuesday, March 17, 1998

 2   shall contribute thereafter at the same rate payable
 3   by similarly classified members.  Upon subsequent
 4   retirement, the member's retirement allowance shall be
 5   calculated as provided in section 97B.48A.
 6     b.  Should a member who receives benefits under
 7   this section, except a member who is sixty-five years
 8   of age or over, be engaged in a gainful noncovered
 9   occupation, the member's disability benefits payable
10   under this section for that calendar year shall be
11   reduced by fifty cents for every dollar the member
12   earns over the dollar amount determined under section
13   97B.48A, subsection 1.
14     7.  DEATH BENEFITS.  A member who is receiving an
15   in-service or ordinary disability retirement allowance
16   under this section shall be treated as having elected
17   a lifetime monthly retirement allowance with death
18   benefits payable under section 97B.52, subsection 2,
19   unless the member elects an optional form of benefit
20   provided under section 97B.51, which shall be
21   actuarially equivalent to the lifetime monthly
22   retirement allowance provided under this section.
23     8.  MEDICAL BOARD.  The system shall designate a
24   medical board to be composed of three physicians from
25   the university of Iowa hospitals and clinics who shall
26   arrange for and pass upon the medical examinations
27   required under the provisions of this section and
28   shall report in writing to the department the
29   conclusions and recommendations upon all matters duly
30   referred to the medical board.  Each report of a
31   medical examination under this section shall include
32   the medical board's findings as to the extent of the
33   member's physical impairment.  Except as required by
34   this section, each report shall be confidential and
35   shall be maintained in accordance with the federal
36   Americans with Disabilities Act, and any other state
37   or federal law containing requirements for
38   confidentiality of medical records.
39     9.  LIABILITY OF THIRD PARTIES - SUBROGATION.
40     a.  If a member receives an injury for which
41   benefits are payable under this section, and if the
42   injury is caused under circumstances creating a legal
43   liability for damages against a third party other than
44   the system, the member or the member's legal
45   representative may maintain an action for damages
46   against the third party.  If a member or a member's
47   legal representative commences such an action, the
48   plaintiff member or representative shall serve a copy
49   of the original notice upon the system not less than
50   ten days before the trial of the action, but a failure

Page 5

 1   to serve the notice does not prejudice the rights of

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/00700/00760.html
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