House File 861 H-1504 Amend House File 861 as follows: 1 1. Page 21, after line 30 by inserting: 2 < DIVISION ___ 3 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 4 Sec. ___. Section 85.26, subsection 1, Code 2021, is amended 5 to read as follows: 6 1. An original proceeding for benefits under this chapter 7 or chapter 85A , 85B , or 86 , shall not be maintained in any 8 contested case unless the proceeding is commenced within two 9 years from the date of the occurrence of the injury for which 10 benefits are claimed or one year from the date a denial of 11 liability is received by the employee, whichever is later, 12 or, if weekly compensation benefits are paid under section 13 86.13 , within three years from the date of the last payment 14 of weekly compensation benefits. For the purposes of this 15 section , “date of the occurrence of the injury” means the date 16 that the employee knew or should have known that the injury was 17 work-related. 18 Sec. ___. Section 97A.6, subsection 11, Code 2021, is 19 amended to read as follows: 20 11. Pensions offset by compensation benefits. 21 a. Any amounts which may be paid or payable by the state 22 under the provisions of any workers’ compensation or similar 23 law to a member or to the dependents of a member on account of 24 any disability or death, shall be offset against and payable 25 in lieu of any benefits payable out of the retirement fund 26 provided by the state under the provisions of this chapter on 27 account of the same disability or death. In case the present 28 value of the total commuted benefits under said workers’ 29 compensation or similar law is less than the present value 30 of the benefits otherwise payable from the retirement fund 31 provided by the state under this chapter , then the present 32 value of the commuted payments shall be deducted from the 33 pension payable and such benefits as may be provided by the 34 system so reduced shall be payable under the provisions of this 35 -1- HF 861.2542 (3) 89 as/tm 1/ 3 #1.

chapter . 1 b. Notwithstanding paragraph “a” , any workers’ compensation 2 benefits received by a member for past medical expenses or 3 future medical expenses shall not be offset against and not 4 considered payable in lieu of any retirement allowance payable 5 pursuant to this section on account of the same disability. 6 c. Notwithstanding paragraph “a” , any workers’ compensation 7 benefits received by a member for reimbursement of vacation 8 time used, sick time used, or for any unpaid time off from work 9 shall not be offset against and not considered payable in lieu 10 of any retirement allowance payable pursuant to this section on 11 account of the same disability. 12 Sec. ___. Section 97B.50A, subsection 5, Code 2021, is 13 amended to read as follows: 14 5. Offset to allowance. 15 a. Notwithstanding any provisions to the contrary in state 16 law, or any applicable contract or policy, any amounts which 17 may be paid or payable by the employer under any workers’ 18 compensation, unemployment compensation, employer-paid 19 disability plan, program, or policy, or other law to a member, 20 and any disability payments the member receives pursuant to 21 the federal Social Security Act, 42 U.S.C. §423 et seq., 22 shall be offset against and payable in lieu of any retirement 23 allowance payable pursuant to this section on account of the 24 same disability. 25 b. Notwithstanding paragraph “a” , any workers’ compensation 26 benefits received by a member for past medical expenses or 27 future medical expenses shall not be offset against and not 28 considered payable in lieu of any retirement allowance payable 29 pursuant to this section on account of the same disability. 30 c. Notwithstanding paragraph “a” , any workers’ compensation 31 benefits received by a member for reimbursement of vacation 32 time used, sick time used, or for any unpaid time off from work 33 shall not be offset against and not considered payable in lieu 34 of any retirement allowance payable pursuant to this section on 35 -2- HF 861.2542 (3) 89 as/tm 2/ 3

account of the same disability. > 1 3. Title page, line 1, after < system > by inserting < , and 2 workers’ compensation > 3 2. By renumbering as necessary. 4 ______________________________ BRECKENRIDGE of Jasper -3- HF 861.2542 (3) 89 as/tm 3/ 3 #3. #2.