Text: HF02211 Text: HF02213 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 411.6, subsection 3, Code 1999, is
1 2 amended to read as follows:
1 3 3. ORDINARY DISABILITY RETIREMENT BENEFIT. Upon
1 4 application to the system, of a member in service or of the
1 5 chief of the police or fire departments, respectively, any
1 6 member shall be retired by the system, not less than thirty
1 7 and not more than ninety days next following the date of
1 8 filing the application, on an ordinary disability retirement
1 9 allowance, if the medical board after a medical examination of
1 10 the member certifies that the member is mentally or physically
1 11 incapacitated for further performance of duty, that the
1 12 incapacity is likely to be permanent, and that the member
1 13 should be retired. However, a member in service shall not be
1 14 required to obtain approval or authorization from the chief of
1 15 the police or fire department employing the member to file an
1 16 application for and be retired on an ordinary disability
1 17 retirement allowance. However, if a person's membership in
1 18 the system first commenced on or after July 1, 1992, the
1 19 member shall not be eligible for benefits with respect to a
1 20 disability which would not exist, but for a medical condition
1 21 that was known to exist on the date that membership commenced.
1 22 A member who is denied a benefit under this subsection, by
1 23 reason of a finding by the medical board that the member is
1 24 not mentally or physically incapacitated for the further
1 25 performance of duty, shall be entitled to be restored to
1 26 active service in the same position held immediately prior to
1 27 the application for disability benefits.
1 28 EXPLANATION
1 29 This bill provides that a member covered by the municipal
1 30 fire and police retirement system may file an application for
1 31 an ordinary disability retirement allowance, and receive the
1 32 allowance if otherwise qualified, without the authorization or
1 33 approval of the chief of the police or fire department
1 34 employing the member.
1 35 LSB 6115HH 78
2 1 ec/as/5
Text: HF02211 Text: HF02213 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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