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Senate Amendment 5071

Amendment Text

PAG LIN
  1  1    Amend Senate File 2078 as follows:
  1  2    #1.  Page 12, line 31, by inserting after the word
  1  3 "warrants." the following:  "However, the system may,
  1  4 for good cause shown, waive the administrative fee."
  1  5    #2.  Page 22, by inserting after line 4 the
  1  6 following:
  1  7    "Sec. ___.  2002 Iowa Acts, chapter 1135, section
  1  8 36, subsections 1 and 3, are amended to read as
  1  9 follows:
  1 10    1.  a.  Notwithstanding any provision of chapter
  1 11 97B to the contrary, a member of the Iowa public
  1 12 employees' retirement system who has an employer-
  1 13 mandated reduction in hours or an employee-exercised
  1 14 reduction in pay but remains on the employer's
  1 15 payroll, and who would receive a reduction in the
  1 16 member's three-year average covered wage as a result
  1 17 of the reduction in hours or pay, may have the
  1 18 member's retirement allowance calculated based on the
  1 19 three-year average covered wage the member would have
  1 20 received, based on reasonable assumptions, if the
  1 21 member had not been subject to the employer-mandated
  1 22 reduction in hours or employee-exercised reduction in
  1 23 pay, upon payment by the member of the applicable
  1 24 contribution amount.
  1 25    b.  For purposes of this section, the applicable
  1 26 unless the context otherwise requires:
  1 27    (1)  "Applicable contribution amount amount" is an
  1 28 amount equal to the employee and employer
  1 29 contributions that would have been paid to the system
  1 30 based on the wages that the member would have received
  1 31 but for the employer-mandated reduction in hours or
  1 32 employee-exercised reduction in pay and would have
  1 33 been included in the member's three-year average
  1 34 covered wage.
  1 35    (2)  "Employee-exercised reduction in pay" means a
  1 36 reduction in pay of a member who has exercised bumping
  1 37 rights by accepting a lower-paid position in order to
  1 38 avoid being laid off by the employer.
  1 39    3.  This section shall apply to employer-mandated
  1 40 reductions in hours or employee-exercised reductions
  1 41 in pay during the period of time beginning on or after
  1 42 January 1, 2002, and ending no later than June 30,
  1 43 2003 2005.  The system is authorized to adopt such
  1 44 rules, including emergency rules, as it deems
  1 45 necessary or prudent to implement this section."
  1 46    #3.  Page 22, line 8, by striking the word "The".
  1 47    #4.  Page 22, line 9, by striking the words
  1 48 "section of this Act", and inserting the following:
  1 49    "1.  The section of this Act".
  1 50    #5.  Page 22, by inserting after line 12 the
  2  1 following:
  2  2    "___.  The section of this Act amending 2002 Iowa
  2  3 Acts, chapter 1135, section 36, being deemed of
  2  4 immediate importance, takes effect upon enactment and
  2  5 is retroactively applicable to January 1, 2002, and is
  2  6 applicable on and after that date."
  2  7    #6.  Page 22, by inserting after line 14 the
  2  8 following:
  2  9    "Sec.    .  Section 400.8, subsection 1, Code 2003,
  2 10 is amended to read as follows:
  2 11    400.8  ORIGINAL ENTRANCE EXAMINATION –
  2 12 APPOINTMENTS.
  2 13    1.  The commission, when necessary under the rules,
  2 14 including minimum and maximum age limits, which shall
  2 15 be prescribed and published in advance by the
  2 16 commission and posted in the city hall, shall hold
  2 17 examinations for the purpose of determining the
  2 18 qualifications of applicants for positions under civil
  2 19 service, other than promotions, which examinations
  2 20 shall be practical in character and shall relate to
  2 21 matters which will fairly test the mental and physical
  2 22 ability of the applicant to discharge the duties of
  2 23 the position to which the applicant seeks appointment.
  2 24 The physical examination of applicants for appointment
  2 25 to the positions of police officer, police matron, or
  2 26 fire fighter shall be held in accordance with medical
  2 27 protocols established by the board of trustees of the
  2 28 fire and police retirement system established by
  2 29 section 411.5 and shall be conducted in accordance
  2 30 with the directives of the board of trustees.
  2 31 However, the prohibitions of section 216.6, subsection
  2 32 1, paragraph "d", regarding tests for the presence of
  2 33 the antibody to the human immunodeficiency virus shall
  2 34 not apply to such examinations.  The board of trustees
  2 35 may change the medical protocols at any time the board
  2 36 so determines.  The physical examination of an
  2 37 applicant for the position of police officer, police
  2 38 matron, or fire fighter shall be conducted after a
  2 39 conditional offer of employment has been made to the
  2 40 applicant.  An applicant shall not be discriminated
  2 41 against on the basis of height, weight, sex, or race
  2 42 in determining physical or mental ability of the
  2 43 applicant.  Reasonable rules relating to strength,
  2 44 agility, and general health of applicants shall be
  2 45 prescribed.  The costs of the physical examination
  2 46 required under this subsection shall be paid from the
  2 47 trust and agency fund of the city."
  2 48    #7.  Page 22, line 23, by striking the word
  2 49 "actual" and inserting the following:  "reasonable".
  2 50    #8.  Page 22, by striking lines 24 and 25 and
  3  1 inserting the following:  "of production."
  3  2    #9.  By striking page 23, line 29, through page 24,
  3  3 line 15.
  3  4    #10.  Page 27, by inserting after line 7 the
  3  5 following:
  3  6    "Sec.    .  Section 411.36, subsection 1, paragraph
  3  7 c, Code 2003, is amended to read as follows:
  3  8    c.  A city treasurer, city financial officer, or
  3  9 city clerk involved with the financial matters of the
  3 10 city from four participating cities, one of whom is
  3 11 from a city having a population of less than forty
  3 12 thirty thousand, and three of whom are from cities
  3 13 having a population of forty thirty thousand or more.
  3 14 The members authorized pursuant to this paragraph
  3 15 shall be appointed by the governing body of the Iowa
  3 16 league of cities."
  3 17    #11.  By renumbering as necessary.  
  3 18 
  3 19 
  3 20                               
  3 21 MARK ZIEMAN
  3 22 SF 2078.201 80
  3 23 ec/sh
     

Text: S05070                            Text: S05072
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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