Text: S05370 Text: S05372 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, subsections 6 and 7, 1 7 Code Supplement 2001, are amended to read as follows: 1 8 6. In the case of an employee who is paid on a 1 9 daily or hourly basis, or by the output of the 1 10 employee, the weekly earnings shall be computed by 1 11 dividing by thirteen the earnings,not including1 12overtime or premium pay,of the employee earned in the 1 13 employ of the employer in the last completed period of 1 14 thirteen consecutive calendar weeks immediately 1 15 preceding the injury. If the employee was absent from 1 16 employment for reasons personal to the employee during 1 17 part of the thirteen calendar weeks preceding the 1 18 injury, the employee's weekly earnings shall be the 1 19 amount the employee would have earned had the employee 1 20 worked when work was available to other employees of 1 21 the employer in a similar occupation. A week which 1 22 does not fairly reflect the employee's customary 1 23 earnings shall be replaced by the closest previous 1 24 week with earnings that fairly represent the 1 25 employee's customary earnings. 1 26 7. In the case of an employee who has been in the 1 27 employ of the employer less than thirteen calendar 1 28 weeks immediately preceding the injury, the employee's 1 29 weekly earnings shall be computed under subsection 6, 1 30 taking the earnings,not including overtime or premium1 31pay,for such purpose to be the amount the employee 1 32 would have earned had the employee been so employed by 1 33 the employer the full thirteen calendar weeks 1 34 immediately preceding the injury and had worked, when 1 35 work was available to other employees in a similar 1 36 occupation. If the earnings of other employees cannot 1 37 be determined, the employee's weekly earnings shall be 1 38 the average computed for the number of weeks the 1 39 employee has been in the employ of the employer."" 1 40 #2. Page 2, by inserting after line 45 the 1 41 following: 1 42 "# . Page 3, by inserting before line 7 the 1 43 following: 1 44 "Sec. . Section 85.61, subsection 3, Code 1 45 Supplement 2001, is amended to read as follows: 1 46 3. "Gross earnings" means recurring payments by 1 47 employer to the employee for employment, before any 1 48 authorized or lawfully required deduction or 1 49 withholding of funds by the employer, excluding 1 50 irregular bonuses, retroactive pay,overtime,penalty 2 1 pay, reimbursement of expenses, expense allowances, 2 2 and the employer's contribution for welfare benefits, 2 3 and specifically including overtime pay at the 2 4 overtime rate."" 2 5 #3. By renumbering as necessary. 2 6 2 7 2 8 2 9 MATT McCOY 2 10 SF 2190.217 79 2 11 ec/sh
Text: S05370 Text: S05372 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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