Text: S05354                            Text: S05356
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5355

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5272, to Senate File
  1  2 2190, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 2, by inserting after line 43 the
  1  5 following:
  1  6    "Sec.    .  Section 85.36, unnumbered paragraph 1,
  1  7 Code Supplement 2001, is amended to read as follows:
  1  8    The basis of compensation shall be the weekly
  1  9 earnings of the injured employee at the time of the
  1 10 injury.  "Weekly earnings" means gross earnings as
  1 11 defined in section 85.61.  "Weekly earnings" also
  1 12 means gross salary, wages, or earnings of an employee
  1 13 to which such employee would have been entitled had
  1 14 the employee worked the customary hours for the full
  1 15 pay period in which the employee was injured, as
  1 16 regularly required by the employee's employer for the
  1 17 work or employment for which the employee was
  1 18 employed, computed or determined as follows and then
  1 19 rounded to the nearest dollar:
  1 20    Sec.    .  Section 85.36, subsections 6 and 7, Code
  1 21 Supplement 2001, are amended to read as follows:
  1 22    6.  In the case of an employee who is paid on a
  1 23 daily or hourly basis, or by the output of the
  1 24 employee, the weekly earnings shall be computed by
  1 25 dividing by thirteen the earnings, not including
  1 26 overtime or premium pay, of the employee earned in the
  1 27 employ of the employer all employers in the last
  1 28 completed period of thirteen consecutive calendar
  1 29 weeks immediately preceding the injury.  If the
  1 30 employee was absent from employment for reasons
  1 31 personal to the employee during part of the thirteen
  1 32 calendar weeks preceding the injury, the employee's
  1 33 weekly earnings shall be the amount the employee would
  1 34 have earned had the employee worked when work was
  1 35 available to other employees of the employer in a
  1 36 similar occupation.  A week which does not fairly
  1 37 reflect the employee's customary earnings shall be
  1 38 replaced by the closest previous week with earnings
  1 39 that fairly represent the employee's customary
  1 40 earnings.
  1 41    7.  In the case of an employee who has been in the
  1 42 employ of the employer less than thirteen calendar
  1 43 weeks immediately preceding the injury, the employee's
  1 44 weekly earnings shall be computed under subsection 6,
  1 45 taking the earnings, not including overtime or premium
  1 46 pay, for such purpose to be the amount the employee
  1 47 would have earned had the employee been so employed by
  1 48 the employer all employers during the full thirteen
  1 49 calendar weeks immediately preceding the injury and
  1 50 had worked, when work was available to other employees
  2  1 in a similar occupation.  If the earnings of other
  2  2 employees cannot be determined, the employee's weekly
  2  3 earnings shall be the average computed for the number
  2  4 of weeks the employee has been in the employ of the
  2  5 employer all employers.""
  2  6    #2.  Page 2, by inserting after line 45 the
  2  7 following:
  2  8    "#   .  Page 3, by inserting before line 7 the
  2  9 following:
  2 10    "Sec.    .  Section 85.61, subsection 3, Code
  2 11 Supplement 2001, is amended to read as follows:
  2 12    3.  "Gross earnings" means recurring payments by
  2 13 any employer to the employee for employment, before
  2 14 any authorized or lawfully required deduction or
  2 15 withholding of funds by the employer, excluding
  2 16 irregular bonuses, retroactive pay, overtime, penalty
  2 17 pay, reimbursement of expenses, expense allowances,
  2 18 and the employer's contribution for welfare
  2 19 benefits.""
  2 20    #3.  By renumbering as necessary.  
  2 21 
  2 22 
  2 23                               
  2 24 BILL FINK 
  2 25 SF 2190.218 79
  2 26 ec/sh
     

Text: S05354                            Text: S05356
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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