Text: H08359                            Text: H08361
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8360

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, subsections 6 and 7,
  1  6 Code Supplement 2001, are amended to read as follows:
  1  7    6.  In the case of an employee who is paid on a
  1  8 daily or hourly basis, or by the output of the
  1  9 employee, the weekly earnings shall be computed by
  1 10 dividing by thirteen the earnings, not including
  1 11 overtime or premium pay, of the employee earned in the
  1 12 employ of the employer in the last completed period of
  1 13 thirteen consecutive calendar weeks immediately
  1 14 preceding the injury.  If the employee was absent from
  1 15 employment for reasons personal to the employee during
  1 16 part of the thirteen calendar weeks preceding the
  1 17 injury, the employee's weekly earnings shall be the
  1 18 amount the employee would have earned had the employee
  1 19 worked when work was available to other employees of
  1 20 the employer in a similar occupation.  A week which
  1 21 does not fairly reflect the employee's customary
  1 22 earnings shall be replaced by the closest previous
  1 23 week with earnings that fairly represent the
  1 24 employee's customary earnings.
  1 25    7.  In the case of an employee who has been in the
  1 26 employ of the employer less than thirteen calendar
  1 27 weeks immediately preceding the injury, the employee's
  1 28 weekly earnings shall be computed under subsection 6,
  1 29 taking the earnings, not including overtime or premium
  1 30 pay, for such purpose to be the amount the employee
  1 31 would have earned had the employee been so employed by
  1 32 the employer the full thirteen calendar weeks
  1 33 immediately preceding the injury and had worked, when
  1 34 work was available to other employees in a similar
  1 35 occupation.  If the earnings of other employees cannot
  1 36 be determined, the employee's weekly earnings shall be
  1 37 the average computed for the number of weeks the
  1 38 employee has been in the employ of the employer."
  1 39    #2.  Page 3, by inserting after line 6 the
  1 40 following:
  1 41    "Sec.    .  Section 85.61, subsection 3, Code
  1 42 Supplement 2001, is amended to read as follows:
  1 43    3.  "Gross earnings" means recurring payments by
  1 44 employer to the employee for employment, before any
  1 45 authorized or lawfully required deduction or
  1 46 withholding of funds by the employer, excluding
  1 47 irregular bonuses, retroactive pay, overtime, penalty
  1 48 pay, reimbursement of expenses, expense allowances,
  1 49 and the employer's contribution for welfare benefits,
  1 50 and specifically including overtime pay at the
  2  1 overtime rate."
  2  2    #3.  By renumbering as necessary.  
  2  3 
  2  4 
  2  5                               
  2  6 DOTZLER of Black Hawk
  2  7 SF 2190.206 79
  2  8 ec/sh
     

Text: H08359                            Text: H08361
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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