Text: S05354 Text: S05356 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 ofthe employerall 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 48the employerall 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 ofthe2 5employerall 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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