Text: HF02575 Text: HF02577 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80.9, subsection 2, Code Supplement 1 2 1999, is amended by adding the following new unnumbered 1 3 paragraph: 1 4 NEW UNNUMBERED PARAGRAPH. i. To administer section 1 5 100B.11 relating to volunteer emergency services provider 1 6 death benefits. 1 7 Sec. 2. NEW SECTION. 100B.11 VOLUNTEER EMERGENCY 1 8 SERVICES PROVIDER DEATH BENEFIT ELIGIBILITY. 1 9 1. There is appropriated annually from the general fund of 1 10 the state to the department of revenue and finance an amount 1 11 sufficient to pay death benefit claims under this section. 1 12 The director of revenue and finance shall issue warrants for 1 13 payment of death benefit claims approved for payment by the 1 14 department of public safety under subsection 2. 1 15 2. a. If the department of public safety determines, upon 1 16 the receipt of evidence and proof from the fire chief or 1 17 supervising officer, that the death of a volunteer emergency 1 18 services provider was the direct and proximate result of a 1 19 traumatic personal injury incurred in the line of duty as a 1 20 volunteer, a line of duty death benefit in an amount of one 1 21 hundred thousand dollars shall be paid in a lump sum to the 1 22 volunteer emergency services provider's beneficiary. A line 1 23 of duty death benefit payable under this subsection shall be 1 24 in addition to any other death benefit payable to the 1 25 volunteer emergency services provider. 1 26 b. A line of duty death benefit shall not be payable under 1 27 this subsection if any of the following applies: 1 28 (1) The death resulted from stress, strain, occupational 1 29 illness, or a chronic, progressive, or congenital illness, 1 30 including, but not limited to, a disease of the heart, lungs, 1 31 or respiratory system, unless a traumatic personal injury was 1 32 a substantial contributing factor to the volunteer emergency 1 33 services provider's death. 1 34 (2) The death was caused by the intentional misconduct of 1 35 the volunteer emergency services provider or by such 2 1 provider's intent to cause the provider's own death. 2 2 (3) The volunteer emergency services provider was 2 3 voluntarily intoxicated at the time of death. 2 4 (4) The volunteer emergency services provider was 2 5 performing the provider's duties in a grossly negligent manner 2 6 at the time of death. 2 7 (5) A beneficiary who would otherwise be entitled to a 2 8 benefit under this subsection was, through the beneficiary's 2 9 actions, a substantial contributing factor to the volunteer 2 10 emergency services provider's death. 2 11 3. For purposes of this section, "volunteer emergency 2 12 services provider" means a volunteer fire fighter as defined 2 13 in section 85.61 or a volunteer emergency medical care 2 14 provider or volunteer emergency rescue technician defined in 2 15 section 147A.1 who is not covered as a volunteer emergency 2 16 services provider under chapter 97A, 97B, or 411. 2 17 Sec. 3. REPEAL LEGISLATIVE INTENT. 2 18 1. This Act is repealed July 1, 2002. 2 19 2. It is the intent of the general assembly that the 2 20 repeal of this Act on July 1, 2002, will allow consideration 2 21 of recommendations relating to this Act to be received by the 2 22 general assembly from the department of management based on 2 23 the department's study of the possible implementation of a 2 24 system to provide retirement benefits and death and survivor 2 25 benefits to volunteer fire fighters and volunteer emergency 2 26 medical service personnel. 2 27 HF 2576 2 28 sc/jg/25
Text: HF02575 Text: HF02577 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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