Text: SF02079 Text: SF02081 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 35A.13, subsection 6, Code Supplement 1 2 2003, is amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. g. A soldier death benefit as provided by 1 4 section 35A.14. 1 5 Sec. 2. NEW SECTION. 35A.14 SOLDIER DEATH BENEFIT 1 6 ELIGIBILITY. 1 7 1. There is appropriated annually from the general fund of 1 8 the state to the commission for deposit in the veterans trust 1 9 fund created in section 35A.13 an amount sufficient to pay 1 10 death benefit claims under this section. The director of the 1 11 department of administrative services shall issue warrants for 1 12 payment of death benefit claims approved for payment by the 1 13 commission under subsection 2. 1 14 2. a. If the commission determines, upon the receipt of 1 15 sufficient evidence and proof, that the death of a soldier was 1 16 the direct and proximate result of a traumatic personal injury 1 17 incurred in the line of duty as a soldier, a line of duty 1 18 death benefit in an amount of one hundred thousand dollars 1 19 shall be paid in a lump sum to the soldier's eligible 1 20 beneficiary. A line of duty death benefit payable under this 1 21 subsection shall be in addition to any other death benefit 1 22 payable to the soldier. 1 23 b. A line of duty death benefit shall not be payable under 1 24 this subsection if any of the following applies: 1 25 (1) The death resulted from stress, strain, occupational 1 26 illness, or a chronic, progressive, or congenital illness, 1 27 including, but not limited to, a disease of the heart, lungs, 1 28 or respiratory system, unless a traumatic personal injury was 1 29 a substantial contributing factor to the soldier's death. 1 30 (2) The death was caused by the intentional misconduct of 1 31 the soldier or by such soldier's intent to cause the soldier's 1 32 own death. 1 33 (3) The soldier was voluntarily intoxicated at the time of 1 34 death. 1 35 (4) The soldier was performing the soldier's duties in a 2 1 grossly negligent manner at the time of death. 2 2 (5) An eligible beneficiary who would otherwise be 2 3 entitled to a benefit under this subsection was, through the 2 4 beneficiary's actions, a substantial contributing factor to 2 5 the soldier's death. 2 6 3. For purposes of this section: 2 7 a. "Eligible beneficiary" means the beneficiary designated 2 8 by the soldier for receipt of a death benefit for service 2 9 while in the armed forces of the United States. If the 2 10 soldier failed to designate a beneficiary, or if the 2 11 beneficiary designated by the soldier predeceases the member, 2 12 an "eligible beneficiary" means, in order of priority, the 2 13 following: 2 14 (1) The soldier's surviving spouse. 2 15 (2) The soldier's surviving children, including any adult 2 16 children, in equal shares. 2 17 (3) The soldier's surviving parents, in equal shares. 2 18 (4) The soldier's estate. 2 19 (5) The soldier's heirs if the estate is not probated. 2 20 b. "Soldier" means a resident of this state who was, at 2 21 the time of the soldier's death, serving in the armed forces 2 22 of the United States in active federal service or serving in 2 23 state active duty, as defined in section 29A.1, as a member of 2 24 the Iowa national guard. 2 25 Sec. 3. EFFECTIVE DATE RETROACTIVE APPLICABILITY. This 2 26 Act, being deemed of immediate importance, takes effect upon 2 27 enactment and is retroactively applicable to September 11, 2 28 2001, and is applicable on and after that date. 2 29 EXPLANATION 2 30 This bill establishes a soldier's death benefit of $100,000 2 31 for residents of Iowa who are killed in the line of duty while 2 32 a member of the armed forces in active federal service or as a 2 33 member of the Iowa national guard in state active duty. The 2 34 bill provides that the commission of veterans affairs shall 2 35 determine payment of the death benefit. The bill establishes 3 1 a standing unlimited appropriation to the commission for 3 2 deposit in the veterans trust fund for payment of such death 3 3 benefits. The bill defines an "eligible beneficiary" of this 3 4 death benefit as the person otherwise designated to receive a 3 5 military death benefit for that soldier, or if no person is 3 6 designated or the person predeceases the soldier, then, in 3 7 order of priority, the soldier's spouse, children, parents, 3 8 estate, or heirs are the eligible beneficiary. 3 9 The bill takes effect upon enactment and is retroactively 3 10 applicable to September 11, 2001. 3 11 LSB 5645XS 80 3 12 ec/sh/8
Text: SF02079 Text: SF02081 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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