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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