Text: H08393                            Text: H08395
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8394

Amendment Text

PAG LIN
  1  1    Amend House File 2262, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 2, by inserting after line 26 the
  1  4 following:
  1  5    "Sec.    .  Section 97B.1A, subsection 22, Code
  1  6 Supplement 2003, is amended to read as follows:
  1  7    22.  "Special service" means service for an
  1  8 employer while employed in a protection occupation as
  1  9 provided in section 97B.49B, and as a county sheriff,
  1 10 or deputy sheriff, or airport fire fighter as provided
  1 11 in section 97B.49C."
  1 12    #2.  Page 14, by inserting after line 7 the
  1 13 following:
  1 14    "Sec.    .  Section 97B.49B, subsection 1,
  1 15 paragraph c, Code Supplement 2003, is amended to read
  1 16 as follows:
  1 17    c.  "Eligible service" means membership and prior
  1 18 service in a protection occupation.  In addition, for
  1 19 a member with membership and prior service in a
  1 20 protection occupation described in paragraph "e",
  1 21 subparagraph (2), eligible service includes membership
  1 22 and prior service as a sheriff, or deputy sheriff, or
  1 23 airport fire fighter as defined in section 97B.49C.
  1 24    Sec.    .  Section 97B.49B, subsection 1, paragraph
  1 25 e, Code Supplement 2003, is amended by adding the
  1 26 following new subparagraph:
  1 27    NEW SUBPARAGRAPH.  (8)  An airport fire fighter
  1 28 employed by the military division of the department of
  1 29 public defense.
  1 30    Sec.    .  Section 97B.49B, subsection 3, paragraph
  1 31 b, Code Supplement 2003, is amended by adding the
  1 32 following new subparagraph:
  1 33    NEW SUBPARAGRAPH.  (7)  For the fiscal year
  1 34 commencing July 1, 2004, and each succeeding fiscal
  1 35 year, there is appropriated from the general fund of
  1 36 the state to the system, from funds not otherwise
  1 37 appropriated, an amount necessary to pay the employer
  1 38 share of the cost of the additional benefits provided
  1 39 to airport fire fighters under this section.
  1 40    Sec.    .  Section 97B.49C, subsection 1, paragraph
  1 41 a, Code Supplement 2003, is amended by striking the
  1 42 paragraph.
  1 43    Sec.    .  Section 97B.49C, subsection 1, paragraph
  1 44 d, Code Supplement 2003, is amended to read as
  1 45 follows:
  1 46    d.  "Eligible service" means membership and prior
  1 47 service as an airport fire fighter, a sheriff, and
  1 48 deputy sheriff under this section.  In addition,
  1 49 eligible service includes membership and prior service
  1 50 as a marshal in a city not covered under chapter 400
  2  1 or a fire fighter or police officer of a city not
  2  2 participating in the retirement systems established in
  2  3 chapter 410 or 411, and as an airport fire fighter
  2  4 prior to July 1, 1994.
  2  5    Sec.    .  Section 97B.49C, subsection 2, Code
  2  6 Supplement 2003, is amended to read as follows:
  2  7    2.  CALCULATION OF MONTHLY ALLOWANCE.
  2  8    a.  Notwithstanding other provisions of this
  2  9 chapter, a member who retires from employment as a
  2 10 sheriff, deputy sheriff, or airport fire fighter on or
  2 11 after July 1, 1994, and before July 1, 2004, and at
  2 12 the time of retirement is at least fifty-five years of
  2 13 age may elect to receive, in lieu of the receipt of
  2 14 any benefits as calculated pursuant to section 97B.49A
  2 15 or 97B.49D, a monthly retirement allowance equal to
  2 16 one-twelfth of an amount equal to the applicable
  2 17 percentage of the three-year average covered wage as a
  2 18 member who has been employed in eligible service
  2 19 multiplied by a fraction of years of service, with
  2 20 benefits payable during the member's lifetime.
  2 21    b.  Notwithstanding other provisions of this
  2 22 chapter, a member who retires from employment as a
  2 23 sheriff or deputy sheriff on or after July 1, 2004,
  2 24 and at the time of retirement is either at least
  2 25 fifty-five years of age or is at least the applicable
  2 26 early retirement age with at least twenty-two years of
  2 27 eligible service may elect to receive, in lieu of the
  2 28 receipt of any benefits as calculated pursuant to
  2 29 section 97B.49A or 97B.49D, a monthly retirement
  2 30 allowance equal to one-twelfth of an amount equal to
  2 31 the applicable percentage of the three-year average
  2 32 covered wage as a member who has been employed in
  2 33 eligible service multiplied by a fraction of years of
  2 34 service, with benefits payable during the member's
  2 35 lifetime.
  2 36    c.  For purposes of this subsection, "applicable
  2 37 early retirement age" means the following:
  2 38    (1)  For each active or inactive vested member
  2 39 retiring on or after July 1, 2004, and before July 1,
  2 40 2005, fifty-four years of age.
  2 41    (2)  For each active or inactive vested member
  2 42 retiring on or after July 1, 2005, and before July 1,
  2 43 2006, fifty-three years of age.
  2 44    (3)  For each active or inactive vested member
  2 45 retiring on or after July 1, 2006, and before July 1,
  2 46 2007, fifty-two years of age.
  2 47    (4)  For each active or inactive vested member
  2 48 retiring on or after July 1, 2007, and before July 1,
  2 49 2008, fifty-one years of age.
  2 50    (5)  For each active or inactive vested member
  3  1 retiring on or after July 1, 2008, fifty years of age.
  3  2    Sec.    .  Section 97B.49C, subsection 3, paragraph
  3  3 a, Code Supplement 2003, is amended to read as
  3  4 follows:
  3  5    a.  Annually, the system shall actuarially
  3  6 determine the cost of the additional benefits provided
  3  7 for members covered under this section as a percentage
  3  8 of the covered wages of the employees covered by this
  3  9 section.  Sixty Fifty percent of the cost shall be
  3 10 paid by the employers of employees covered under this
  3 11 section and forty fifty percent of the cost shall be
  3 12 paid by the employees.  The employer and employee
  3 13 contributions required under this paragraph are in
  3 14 addition to lieu of the contributions paid under
  3 15 sections 97B.11 and 97B.11A.  However, the cost of
  3 16 including service as an airport fire fighter prior to
  3 17 July 1, 1994, as eligible service under this section
  3 18 shall not affect the contribution rates calculated and
  3 19 paid by the member or the employer under this section.
  3 20    Sec.    .  Section 97B.49C, subsection 3, paragraph
  3 21 b, Code Supplement 2003, is amended to read as
  3 22 follows:
  3 23    b. (1)  Annually, during each fiscal year
  3 24 commencing with the fiscal year beginning July 1,
  3 25 1988, each county shall pay to the system the amount
  3 26 necessary to pay the employer share of the cost of the
  3 27 additional benefits provided to sheriffs and deputy
  3 28 sheriffs.
  3 29    (2)  For the fiscal year commencing July 1, 1994,
  3 30 and each succeeding fiscal year, there is appropriated
  3 31 from the general fund of the state to the system, from
  3 32 funds not otherwise appropriated, an amount necessary
  3 33 to pay the employer share of the cost of the
  3 34 additional benefits provided to airport fire fighters
  3 35 under this section."
  3 36    #3.  Page 16, by inserting after line 32 the
  3 37 following:
  3 38    "Sec.    .  Section 97B.52, subsection 1, paragraph
  3 39 a, subparagraph (3), Code Supplement 2003, is amended
  3 40 to read as follows:
  3 41    (3)  For service as a sheriff, or deputy sheriff,
  3 42 or airport fire fighter, as provided in section
  3 43 97B.49C, the applicable denominator is twenty-two."
  3 44    #4.  Page 17, by inserting after line 17 the
  3 45 following:
  3 46    "Sec.    .  Section 97B.52A, subsection 1,
  3 47 paragraph c, Code Supplement 2003, is amended to read
  3 48 as follows:
  3 49    c.  For a member whose first month of entitlement
  3 50 is July 2000 or later, the member does not return to
  4  1 any employment with a covered employer until the
  4  2 member has qualified for at least one calendar month
  4  3 of retirement benefits, and the member does not return
  4  4 to covered employment until the member has qualified
  4  5 for no fewer than four calendar months of retirement
  4  6 benefits.  For purposes of this paragraph, effective
  4  7 July 1, 2000, any employment with a covered employer
  4  8 does not include employment as an elective official or
  4  9 member of the general assembly if the member is not
  4 10 covered under this chapter for that employment.  For
  4 11 purposes of determining a bona fide retirement under
  4 12 this paragraph and for a member whose first month of
  4 13 entitlement is July 2004 or later, but before July
  4 14 2006, covered employment does not include employment
  4 15 as a licensed health care professional by a public
  4 16 hospital as defined in section 249I.3."
  4 17    #5.  Page 22, by inserting after line 5 the
  4 18 following:
  4 19    "Sec.    .  Section 411.6, subsection 7, paragraph
  4 20 c, Code 2003, is amended to read as follows:
  4 21    c.  Should a disability beneficiary under age
  4 22 fifty-five be employed in a public safety occupation,
  4 23 the disability beneficiary's retirement allowance
  4 24 shall cease.  Notwithstanding any provision of this
  4 25 chapter to the contrary, if a disability beneficiary
  4 26 is employed in a public safety occupation that would
  4 27 otherwise constitute membership service, the
  4 28 disability beneficiary shall not become a member of
  4 29 the system.  For purposes of this paragraph, "public
  4 30 safety occupation" means a peace officer, as defined
  4 31 in section 97A.1; a protection occupation, as defined
  4 32 in section 97B.49B; a sheriff, or deputy sheriff, or
  4 33 airport fire fighter, as defined in section 97B.49C;
  4 34 and a police officer or fire fighter as defined in
  4 35 section 411.1, who was not restored to active service
  4 36 as provided by this subsection.
  4 37    Sec.    .  Section 724.6, subsection 2, Code 2003,
  4 38 is amended to read as follows:
  4 39    2.  Notwithstanding subsection 1, fire fighters, as
  4 40 defined in section 411.1, subsection 9, airport fire
  4 41 fighters included under section 97B.49C 97B.49B,
  4 42 emergency rescue technicians, and emergency medical
  4 43 care providers, as defined in section 147A.1, shall
  4 44 not, as a condition of employment, be required to
  4 45 obtain a permit under this section.  However, the
  4 46 provisions of this subsection shall not apply to a
  4 47 person designated as an arson investigator by the
  4 48 chief fire officer of a political subdivision."
  4 49    #6.  Page 23, by inserting after line 18 the
  4 50 following:
  5  1    "Sec.    .  LICENSED HEALTH CARE PROFESSIONALS –
  5  2 BONA FIDE RETIREMENT REPORT.  The Iowa public
  5  3 employees' retirement system and the Iowa hospital
  5  4 association shall each submit a report to the general
  5  5 assembly by December 1, 2006, concerning the costs and
  5  6 effectiveness of the provision of this Act amending
  5  7 section 97B.52A that provides that covered employment,
  5  8 for purposes of establishing a bona fide retirement,
  5  9 does not include employment as a licensed health care
  5 10 professional by a public hospital as defined in
  5 11 section 249I.3.  Each report shall provide statistics
  5 12 concerning the number of members taking advantage of
  5 13 this provision, the costs and financial benefits, if
  5 14 any, associated with this provision, and
  5 15 recommendations for further action."
  5 16    #7.  Page 29, by inserting after line 5 the
  5 17 following:  
  5 18                      "DIVISION IV
  5 19               JUDICIAL RETIREMENT SYSTEM
  5 20    Sec.    .  JUDICIAL RETIREMENT SYSTEM – SPECIAL
  5 21 VESTING PROVISION.
  5 22    1.  Notwithstanding any provision of chapter 602 to
  5 23 the contrary, a judge who has had an aggregate of at
  5 24 least four years of service as a judge of one or more
  5 25 of the courts as of the effective date of this section
  5 26 of this Act shall be deemed to have had at least six
  5 27 years of service as a judge for purposes of
  5 28 determining the judge's eligibility for a retirement
  5 29 benefit under the retirement system pursuant to
  5 30 sections 602.9106, 602.9108, and 602.9112, and section
  5 31 602.9107C, subsection 1.
  5 32    2.  This section of this Act, being deemed of
  5 33 immediate importance, takes effect upon enactment."
  5 34    #8.  Page 29, by inserting after line 5 the
  5 35 following:  
  5 36                       "DIVISION V
  5 37                MISCELLANEOUS PROVISIONS
  5 38    Sec.    .  NEW SECTION.  70A.17B  PAYROLL DEDUCTION
  5 39 FOR ADDITIONAL INSURANCE COVERAGE.
  5 40    1.  The state officer in charge of any of the state
  5 41 payroll systems shall deduct from the wages or
  5 42 salaries of a state officer or employee an amount
  5 43 specified by the officer or employee for payment to
  5 44 any company authorized to do business in this state
  5 45 for the purpose of purchasing insurance if all of the
  5 46 following conditions are met:
  5 47    a.  At least five hundred state officers or
  5 48 employees request the deduction to purchase insurance
  5 49 from the same company.
  5 50    b.  The request for the payroll deduction is made
  6  1 by the state officer or employee in writing to the
  6  2 officer in charge of the program.
  6  3    c.  The pay period during which the deduction is
  6  4 made, the frequency, and the amount of the deduction
  6  5 are compatible with the payroll system.
  6  6    d.  The insurance coverage to be purchased is not
  6  7 provided by the state.
  6  8    e.  The company providing the insurance enters into
  6  9 a written agreement with the state delineating each
  6 10 party's rights and responsibilities.
  6 11    2.  The moneys deducted under this section shall be
  6 12 paid to the company designated by the requesting state
  6 13 officers or employees.  The deduction may be made even
  6 14 though the compensation paid to an officer or employee
  6 15 is reduced to an amount below the minimum prescribed
  6 16 by law.  Payment to an officer or employee of
  6 17 compensation less the deduction shall constitute a
  6 18 full discharge of claims and demands for services
  6 19 rendered by the officer or employee during the period
  6 20 covered by the payment.  The request for the deduction
  6 21 may be withdrawn at any time by filing a written
  6 22 notification of withdrawal with the state officer in
  6 23 charge of any of the state payroll systems.
  6 24    3.  The department of administrative services
  6 25 reserves the right to terminate an insurance company's
  6 26 participation in the program if the department
  6 27 receives complaints regarding the actions of the
  6 28 insurance company or its agents in relation to the
  6 29 program and such termination would be in the best
  6 30 interest of the state officers and employees, the
  6 31 department makes a determination that the insurance
  6 32 company has engaged in a pattern or practice of
  6 33 unfair, misleading, or fraudulent acts and such
  6 34 termination would be in the best interest of the state
  6 35 officers and employees, or the commissioner of
  6 36 insurance determines that the company has engaged in
  6 37 practices that would otherwise disqualify the company
  6 38 from providing insurance coverage in Iowa.
  6 39    4.  The department is authorized to establish and
  6 40 collect an administrative fee as deemed necessary and
  6 41 appropriate in an amount not to exceed the state's
  6 42 actual cost of providing the payroll deduction
  6 43 service."
  6 44    #9.  Title page, line 1, by inserting after the
  6 45 words "retirement systems" the following:  "and other
  6 46 employee benefit related matters".
  6 47    #10.  Title page, line 4, by striking the words
  6 48 "system, and" and inserting the following:  "system,".
  6 49    #11.  Title page, line 4, by inserting after the
  6 50 words "retirement system," the following:  "and the
  7  1 judicial retirement system,".
  7  2    #12.  By renumbering, relettering, or redesignating
  7  3 and correcting internal references as necessary.  
  7  4 HF 2262S
  7  5 ec/cc/26
     

Text: H08393                            Text: H08395
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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