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House Journal: Page 1646: Wednesday, April 15, 1998

 7   line 2, and inserting the following:  "context
 8   otherwise provides:
 9     a.  "Member" means a vested member who is
10   classified as a special service member under section
11   97B.1A, subsection 21, at the time of the alleged
12   disability.
13     b.  "Net disability retirement allowance" means the
14   amount determined by subtracting the amount paid
15   during the previous calendar year by the member for
16   health insurance or similar health care coverage for
17   the member and the member's dependents from the amount
18   of the member's disability retirement allowance paid
19   for that year pursuant to this section.
20     c.  "Reemployment comparison amount" means an
21   amount equal to the current covered wages of an active
22   special service member at the same position on the
23   salary scale within the rank or position the member
24   held at the time the member received a disability
25   retirement allowance pursuant to this section.  If the
26   rank or position held by the member at the time of
27   retirement pursuant to this section is abolished, the
28   amount shall be computed by the department as though
29   the rank or position had not been abolished and salary
30   increases had been granted on the same basis as
31   granted to other ranks or positions by the former
32   employer of the member.  The reemployment comparison
33   amount shall not be less than the three-year average
34   covered wage of the member."
35     3.  Page 52, line 4, by striking the words
36   "Effective July 1, 1999, a" and inserting the
37   following:  "A".
38     4.  Page 52, by striking lines 10 and 11 and
39   inserting the following:  "97B.49G, as applicable."
40     5.  Page 52, line 28, by inserting after the word
41   "commenced." the following:  "A member who is denied a
42   benefit under this subsection, by reason of a finding
43   by the department that the member is not mentally or
44   physically incapacitated for the further performance
45   of duty, shall be entitled to be restored to active
46   service in the same or comparable special service
47   position held by the member immediately prior to the
48   application for disability benefits."
49     6.  Page 53, line 2, by inserting after the word
50   "commenced" the following:  ", the presumption

Page 2  

 1   established in this paragraph shall not apply".
 2     7.  Page 53, line 5, by striking the word
 3   "greatest" and inserting the following:  "greater".
 4     8.  Page 53, line 6, by striking the words
 5   "subsection, a" and inserting the following:
 6   "subsection or a".

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