Text: S05068 Text: S05070 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2411 as follows: 1 2 #1. Page 40, by inserting after line 2 the 1 3 following: 1 4 "Sec. . Section 97B.52, Code 1999, is amended 1 5 by adding the following new subsection: 1 6 NEW SUBSECTION. 1A. a. If the department 1 7 determines, upon the receipt of evidence and proof, 1 8 that the death of a member in special service was the 1 9 direct and proximate result of a traumatic personal 1 10 injury incurred in the line of duty as a member in 1 11 special service, a line of duty death benefit in an 1 12 amount of one hundred thousand dollars shall be paid 1 13 in a lump sum to the special service member's 1 14 beneficiary. A line of duty death benefit payable 1 15 under this subsection shall be in addition to any 1 16 death benefit payable as provided in subsection 1. 1 17 b. A line of duty death benefit shall not be 1 18 payable under this subsection if any of the following 1 19 applies: 1 20 (1) The death resulted from stress, strain, 1 21 occupational illness, or a chronic, progressive, or 1 22 congenital illness, including, but not limited to, a 1 23 disease of the heart, lungs, or respiratory system, 1 24 unless a traumatic personal injury was a substantial 1 25 contributing factor to the special service member's 1 26 death. 1 27 (2) The death was caused by the intentional 1 28 misconduct of the special service member or by the 1 29 special service member's intent to cause the special 1 30 service member's own death. 1 31 (3) The special service member was voluntarily 1 32 intoxicated at the time of death. 1 33 (4) The special service member was performing the 1 34 special service member's duties in a grossly negligent 1 35 manner at the time of death. 1 36 (5) An individual who would otherwise be entitled 1 37 to a benefit under this subsection was, through the 1 38 individual's actions, a substantial contributing 1 39 factor to the special service member's death." 1 40 #2. Page 40, by inserting after line 13 the 1 41 following: 1 42 "Sec. . Section 97B.52, subsection 3, paragraph 1 43 a, Code 1999, is amended to read as follows: 1 44 a. Other than as provided in subsections 1, 1A, 1 45 and 2 of this section, or section 97B.51, all rights 1 46 to any benefits under the retirement system shall 1 47 cease upon the death of a member." 1 48 #3. Page 43, by striking lines 20 and 21 and 1 49 inserting the following: "allowance and prior to the 1 50 receipt of any such refund, the benefitsofauthorized 2 1 by subsection 1 and subsection 1A of section 97B.52 2 2 shall be paid." 2 3 #4. By renumbering as necessary. 2 4 2 5 2 6 2 7 RICHARD F. DRAKE 2 8 2 9 2 10 2 11 SHELDON RITTMER 2 12 2 13 2 14 2 15 JOHN P. KIBBIE 2 16 MIKE CONNOLLY 2 17 SF 2411.503 78 2 18 ec/as
Text: S05068 Text: S05070 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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