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House Journal: Page 1647: Wednesday, April 15, 1998

 7     9.  Page 53, lines 8 through 10, by striking the
 8   words ", or a disability retirement allowance
 9   calculated under section 97B.50, subsection 2".
10     10.  Page 53, line 16, by striking the words and
11   figures "Effective July 1, 1999, a" and inserting the
12   following:  "A".
13     11.  Page 53, by striking lines 21 and 22 and
14   inserting the following:  "97B.49G, as applicable."
15     12.  Page 54, line 1, by inserting after the word
16   "commenced." the following:  "A member who is denied a
17   benefit under this subsection, by reason of a finding
18   by the department that the member is not mentally or
19   physically incapacitated for the further performance
20   of duty, shall be entitled to be restored to active
21   service in the same or comparable special service
22   position held by the member immediately prior to the
23   application for disability benefits."
24     13.  Page 54, line 3, by striking the word
25   "greatest" and inserting the following:  "greater".
26     14.  Page 54, line 5, by striking the words
27   "subsection, a" and inserting the following:
28   "subsection or a".
29     15.  Page 54, lines 7 and 8, by striking the words
30   ", or a disability retirement allowance calculated
31   under section 97B.50, subsection 2".
32     16.  Page 54, by inserting after line 12 the
33   following:
34     "___.  WAIVER OF ALLOWANCE.  A member receiving a
35   disability retirement allowance under this section may
36   file an application to receive benefits pursuant to
37   section 97B.50, subsection 2, in lieu of receiving a
38   disability retirement allowance under the provisions
39   of this section, if the member becomes eligible for
40   benefits under section 97B.50, subsection 2.  An
41   application to receive benefits pursuant to section
42   97B.50, subsection 2, shall be filed with the
43   department within sixty days of becoming eligible for
44   benefits pursuant to that section or the member shall
45   be ineligible to elect coverage under that section.
46   On the first of the month following the month in which
47   a member's application is approved by the department,
48   the member's election of coverage under section
49   97B.50, subsection 2, shall become effective and the
50   member's eligibility to receive a disability

Page 3

 1   retirement allowance pursuant to this section shall
 2   cease.  Benefits payable pursuant to section 97B.50,
 3   subsection 2, shall be calculated using the option
 4   choice the member selected for payment of a disability
 5   retirement allowance pursuant to this section.  An
 6   application to elect coverage under section 97B.50,

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