Senate Amendment 5264
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 22, by inserting after line 5 the
3 45 following:
3 46 <Sec. . Section 411.6, subsection 7, paragraph
3 47 c, Code 2003, is amended to read as follows:
3 48 c. Should a disability beneficiary under age
3 49 fifty=five be employed in a public safety occupation,
3 50 the disability beneficiary's retirement allowance
4 1 shall cease. Notwithstanding any provision of this
4 2 chapter to the contrary, if a disability beneficiary
4 3 is employed in a public safety occupation that would
4 4 otherwise constitute membership service, the
4 5 disability beneficiary shall not become a member of
4 6 the system. For purposes of this paragraph, "public
4 7 safety occupation" means a peace officer, as defined
4 8 in section 97A.1; a protection occupation, as defined
4 9 in section 97B.49B; a sheriff, or deputy sheriff, or
4 10 airport fire fighter, as defined in section 97B.49C;
4 11 and a police officer or fire fighter as defined in
4 12 section 411.1, who was not restored to active service
4 13 as provided by this subsection.
4 14 Sec. . Section 724.6, subsection 2, Code 2003,
4 15 is amended to read as follows:
4 16 2. Notwithstanding subsection 1, fire fighters, as
4 17 defined in section 411.1, subsection 9, airport fire
4 18 fighters included under section 97B.49C 97B.49B,
4 19 emergency rescue technicians, and emergency medical
4 20 care providers, as defined in section 147A.1, shall
4 21 not, as a condition of employment, be required to
4 22 obtain a permit under this section. However, the
4 23 provisions of this subsection shall not apply to a
4 24 person designated as an arson investigator by the
4 25 chief fire officer of a political subdivision.>
4 26 #5. By renumbering as necessary.
4 27
4 28
4 29
4 30 MARK ZIEMAN
4 31
4 32
4 33
4 34 MIKE CONNOLLY
4 35
4 36
4 37
4 38 JOHN P. KIBBIE
4 39 HF 2262.205 80
4 40 ec/sh
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