Text: H08342                            Text: H08344
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8343

Amendment Text

PAG LIN
  1  1    Amend Senate File 2190, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 2, by inserting after line 29 the
  1  4 following:
  1  5    "Sec.    .  Section 85.36, unnumbered paragraph 1,
  1  6 Code Supplement 2001, is amended to read as follows:
  1  7    The basis of compensation shall be the weekly
  1  8 earnings of the injured employee at the time of the
  1  9 injury.  "Weekly earnings" means gross earnings as
  1 10 defined in section 85.61.  "Weekly earnings" also
  1 11 means gross salary, wages, or earnings of an employee
  1 12 to which such employee would have been entitled had
  1 13 the employee worked the customary hours for the full
  1 14 pay period in which the employee was injured, as
  1 15 regularly required by the employee's employer for the
  1 16 work or employment for which the employee was
  1 17 employed, computed or determined as follows and then
  1 18 rounded to the nearest dollar:
  1 19    Sec.    .  Section 85.36, subsections 6 and 7, Code
  1 20 Supplement 2001, are amended to read as follows:
  1 21    6.  In the case of an employee who is paid on a
  1 22 daily or hourly basis, or by the output of the
  1 23 employee, the weekly earnings shall be computed by
  1 24 dividing by thirteen the earnings, not including
  1 25 overtime or premium pay, of the employee earned in the
  1 26 employ of the employer all employers in the last
  1 27 completed period of thirteen consecutive calendar
  1 28 weeks immediately preceding the injury.  If the
  1 29 employee was absent from employment for reasons
  1 30 personal to the employee during part of the thirteen
  1 31 calendar weeks preceding the injury, the employee's
  1 32 weekly earnings shall be the amount the employee would
  1 33 have earned had the employee worked when work was
  1 34 available to other employees of the employer in a
  1 35 similar occupation.  A week which does not fairly
  1 36 reflect the employee's customary earnings shall be
  1 37 replaced by the closest previous week with earnings
  1 38 that fairly represent the employee's customary
  1 39 earnings.
  1 40    7.  In the case of an employee who has been in the
  1 41 employ of the employer less than thirteen calendar
  1 42 weeks immediately preceding the injury, the employee's
  1 43 weekly earnings shall be computed under subsection 6,
  1 44 taking the earnings, not including overtime or premium
  1 45 pay, for such purpose to be the amount the employee
  1 46 would have earned had the employee been so employed by
  1 47 the employer all employers during the full thirteen
  1 48 calendar weeks immediately preceding the injury and
  1 49 had worked, when work was available to other employees
  1 50 in a similar occupation.  If the earnings of other
  2  1 employees cannot be determined, the employee's weekly
  2  2 earnings shall be the average computed for the number
  2  3 of weeks the employee has been in the employ of the
  2  4 employer all employers."
  2  5    #2.  Page 3, by inserting after line 6 the
  2  6 following:
  2  7    "Sec.    .  Section 85.61, subsection 3, Code
  2  8 Supplement 2001, is amended to read as follows:
  2  9    3.  "Gross earnings" means recurring payments by
  2 10 any employer to the employee for employment, before
  2 11 any authorized or lawfully required deduction or
  2 12 withholding of funds by the employer, excluding
  2 13 irregular bonuses, retroactive pay, overtime, penalty
  2 14 pay, reimbursement of expenses, expense allowances,
  2 15 and the employer's contribution for welfare benefits."
  2 16    #3.  By renumbering as necessary.  
  2 17 
  2 18 
  2 19                               
  2 20 DOTZLER of Black Hawk
  2 21 SF 2190.709 79
  2 22 ec/cls
     

Text: H08342                            Text: H08344
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

© 2002 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Mar 20 03:25:54 CST 2002
URL: /DOCS/GA/79GA/Legislation/H/08300/H08343/020319.html
jhf