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House File 2238

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 97A.6, subsection 5, paragraph c, Code
  1  2 2001, is amended to read as follows:
  1  3    c.  Disease under this section shall mean heart disease, or
  1  4 any disease of the lungs or respiratory tract, infectious
  1  5 disease, or cancer, and shall be presumed to have been
  1  6 contracted while on active duty as a result of strain,
  1  7 exposure, or the inhalation of noxious fumes, poison, or
  1  8 gases.  For purposes of this paragraph, "infectious disease"
  1  9 includes, but is not limited to, hepatitis in any form,
  1 10 tuberculosis, and HIV or AIDS as defined in section 141A.1.
  1 11 However, if a person's membership in the system first
  1 12 commenced on or after July 1, 1992, and the heart disease, or
  1 13 disease of the lungs or respiratory tract, infectious disease,
  1 14 or cancer, would not exist, but for a medical condition that
  1 15 was known to exist on the date that membership commenced, the
  1 16 presumption established in this paragraph shall not apply.
  1 17    Sec. 2.  Section 97B.50A, subsection 2, paragraph c, Code
  1 18 2001, is amended to read as follows:
  1 19    c.  Disease under this subsection shall mean heart disease,
  1 20 or any disease of the lungs or respiratory tract, infectious
  1 21 disease, or cancer, and shall be presumed to have been
  1 22 contracted while on active duty as a result of strain,
  1 23 exposure, or the inhalation of noxious fumes, poison, or
  1 24 gases.  For purposes of this paragraph, "infectious disease"
  1 25 includes, but is not limited to, hepatitis in any form,
  1 26 tuberculosis, and HIV or AIDS as defined in section 141A.1.
  1 27 However, if a person's special service membership in the
  1 28 system first commenced on or after July 1, 2000, and the heart
  1 29 disease, or disease of the lungs or respiratory tract,
  1 30 infectious disease, or cancer, would not exist, but for a
  1 31 medical condition that was known to exist on the date that
  1 32 special service membership commenced, the presumption
  1 33 established in this paragraph shall not apply.
  1 34    Sec. 3.  Section 411.6, subsection 5, paragraph c, Code
  1 35 2001, is amended to read as follows:
  2  1    c.  Disease under this section shall mean heart disease, or
  2  2 any disease of the lungs or respiratory tract, infectious
  2  3 disease, or cancer, and shall be presumed to have been
  2  4 contracted while on active duty as a result of strain or the
  2  5 inhalation of noxious fumes, poison or gases.  For purposes of
  2  6 this paragraph, "infectious disease" includes, but is not
  2  7 limited to, hepatitis in any form, tuberculosis, and HIV or
  2  8 AIDS as defined in section 141A.1.  However, if a person's
  2  9 membership in the system first commenced on or after July 1,
  2 10 1992, and the heart disease, or disease of the lungs or
  2 11 respiratory tract, infectious disease, or cancer, would not
  2 12 exist, but for a medical condition that was known to exist on
  2 13 the date that membership commenced, the presumption
  2 14 established in this paragraph shall not apply.
  2 15    Sec. 4.  Section 411.6, subsection 9, paragraph a, Code
  2 16 2001, is amended to read as follows:
  2 17    a.  If, upon the receipt of evidence and proof from the
  2 18 chief of the police or fire department that the death of a
  2 19 member in service was the natural and proximate result of an
  2 20 injury or disease incurred in or aggravated by the actual
  2 21 performance of duty at some definite time and place, or while
  2 22 acting pursuant to order, outside of the city by which the
  2 23 member is regularly employed, the system decides that death
  2 24 was so caused in the performance of duty, there shall be paid,
  2 25 in lieu of the ordinary death benefit provided in subsection
  2 26 8, an accidental death benefit as set forth in this
  2 27 subsection.  Disease under this subsection shall mean heart
  2 28 disease, or any disease of the lungs or respiratory tract,
  2 29 infectious disease, or cancer, and shall be presumed to have
  2 30 been contracted while on active duty as a result of strain or
  2 31 the inhalation of noxious fumes, poison, or gases.  For
  2 32 purposes of this paragraph, "infectious disease" includes, but
  2 33 is not limited to, hepatitis in any form, tuberculosis, and
  2 34 HIV or AIDS as defined in section 141A.1.  
  2 35                           EXPLANATION
  3  1    This bill provides that infectious diseases or cancer
  3  2 contracted by certain members of public retirement systems in
  3  3 Iowa are presumed to be diseases contracted while on active
  3  4 duty due to the job for purposes of establishing disability or
  3  5 providing a death benefit.  The persons to which this bill
  3  6 applies are members of the public safety peace officers'
  3  7 retirement system (PORS), members of the statewide fire and
  3  8 police retirement system (MFRSI), and special service members
  3  9 of the Iowa public employees' retirement system (IPERS).  The
  3 10 bill also provides that the presumption will not apply to
  3 11 members who joined the system on or after July 1, 1992, for
  3 12 members of PORS and MFRSI, or on or after July 1, 2000, for
  3 13 special service members of IPERS, and in which the infectious
  3 14 disease or cancer would not have existed but for a medical
  3 15 condition that was known on the date the member joined.
  3 16    The bill may include a state mandate as defined in Code
  3 17 section 25B.3.  The state mandate funding requirement in Code
  3 18 section 25B.2, however, does not apply to public employee
  3 19 retirement systems.  
  3 20 LSB 5227HH 79
  3 21 ec/pj/5
     

Text: HF02237                           Text: HF02239
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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