Senate File 479 S-3066 Amend Senate File 479 as follows: 1 1. Page 2, after line 13 by inserting: 2 < Sec. ___. Section 411.1, subsection 14, Code 2021, is 3 amended by striking the subsection and inserting in lieu 4 thereof the following: 5 14. “Member in good standing” means any member in service 6 who has not been terminated by the employing city of the 7 member pursuant to section 400.18 or 400.19. Termination 8 procedures initiated by the chief of police or chief of the 9 fire department pursuant to section 400.19 shall not become 10 final or adversely impact a member’s status as a member in 11 good standing until all appeals provided by an applicable 12 collective bargaining agreement or by law have been exhausted. 13 Disciplinary action other than discharge shall not adversely 14 affect a member’s status as a member in good standing. 15 Sec. ___. Section 411.1, Code 2021, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 15A. “Ordinary disability beneficiary” 18 means a member retired on an ordinary disability retirement 19 benefit pursuant to section 411.6, subsection 3, for five years 20 or less. 21 Sec. ___. Section 411.6, subsection 5, paragraphs a and b, 22 Code 2021, are amended to read as follows: 23 a. Upon application to the system, of a member in good 24 standing , of an ordinary disability beneficiary, or of the 25 chief of the police or fire departments, respectively, any 26 member in good standing or ordinary disability beneficiary 27 who has become totally and permanently incapacitated for duty 28 as the natural and proximate result of an injury or disease 29 incurred in or aggravated by the actual performance of duty 30 at some definite time and place or arising out of and in the 31 course of the employment , or while acting pursuant to order, 32 outside of the city by which the member is regularly employed, 33 shall be retired by the system if the medical board certifies 34 that the member or ordinary disability beneficiary is mentally 35 -1- SF479.1227 (2) 89 as/rh 1/ 7 #1.
or physically incapacitated for further performance of duty, 1 that the incapacity is likely to be permanent, and that the 2 member or ordinary disability beneficiary should be retired. 3 However, if a person’s membership in the system first commenced 4 on or after July 1, 1992, the member or ordinary disability 5 beneficiary shall not be eligible for benefits with respect to 6 a disability which would not exist, but for a medical condition 7 that was known to exist on the date that membership commenced. 8 A medical condition shall be deemed to have been known to exist 9 on the date that membership commenced if the medical condition 10 is reflected in any record or document completed or obtained 11 in accordance with the system’s medical protocols pursuant to 12 section 400.8 , or in any other record or document obtained 13 pursuant to an application for disability benefits from the 14 system, if such record or document existed prior to the date 15 membership commenced. A member who is denied a benefit under 16 this subsection , by reason of a finding by the medical board 17 that the member is not mentally or physically incapacitated 18 for the further performance of duty, shall be entitled to 19 be restored to active service in the same position held 20 immediately prior to the application for disability benefits. 21 b. If a member in service or the chief of the police or 22 fire departments becomes incapacitated for duty as a natural 23 or proximate result of an injury or disease incurred in or 24 aggravated by the actual performance of duty at some definite 25 time or place or arising out of or in the course of the 26 employment, or while acting, pursuant to order, outside the 27 city by which the member is regularly employed, the member, 28 upon being found to be temporarily incapacitated following a 29 medical examination as directed by the city, is entitled to 30 receive the member’s full pay and allowances from the city’s 31 general fund or trust and agency fund until reexamined as 32 directed by the city and found to be fully recovered or until 33 the city determines that the member is likely to be permanently 34 disabled. If the temporary incapacity of a member continues 35 -2- SF479.1227 (2) 89 as/rh 2/ 7
more than sixty days, or if the city expects the incapacity 1 to continue more than sixty days, the city shall notify the 2 system of the temporary incapacity. Upon notification by a 3 city, the system may refer the matter to the medical board for 4 review and consultation with the member’s treating physician 5 during the temporary incapacity. Except as provided by this 6 paragraph, the board of trustees of the statewide system has no 7 jurisdiction over these matters until the city determines that 8 the disability is likely to be permanent. 9 Sec. ___. Section 411.6, subsection 5, Code 2021, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0d. Disease under this subsection shall 12 also mean any incapacitating mental disorder arising out of 13 and in the course of the employment, or while acting, pursuant 14 to order, outside the city by which the member is regularly 15 employed. A disease shall qualify as an incapacitating mental 16 disorder irrespective of the absence of similar effects on 17 other members. 18 Sec. ___. Section 411.6, subsection 6, Code 2021, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . d. (1) Upon a determination on or after 21 July 1, 2021, that an ordinary disability beneficiary is 22 entitled to a retirement for accidental disability, the 23 beneficiary shall receive an accidental disability retirement 24 allowance which shall consist of a pension in an amount that is 25 equal to the greater of sixty percent of the member’s average 26 final compensation or the retirement allowance that the member 27 would receive under subsection 2 if the member had attained 28 fifty-five years of age, or an amount equal to the ordinary 29 disability retirement allowance previously received by the 30 beneficiary, whichever is greater. 31 (2) An accidental disability allowance under this paragraph 32 shall commence effective the first day of the first month 33 following the determination that the ordinary disability 34 beneficiary is entitled to a retirement for accidental 35 -3- SF479.1227 (2) 89 as/rh 3/ 7
disability. 1 Sec. ___. Section 411.6, subsection 9, paragraph a, 2 subparagraph (1), Code 2021, is amended to read as follows: 3 (1) If, upon the receipt of evidence and proof from the 4 chief of the police or fire department that the death of a 5 member in service was the natural and proximate result of an 6 injury or disease incurred in or aggravated by the actual 7 performance of duty at some definite time and place or arising 8 out of and in the course of the employment , or while acting 9 pursuant to order, outside of the city by which the member is 10 regularly employed, the system decides that death was so caused 11 in the performance of duty, there shall be paid, in lieu of the 12 ordinary death benefit provided in subsection 8 , an accidental 13 death benefit as set forth in this subsection . 14 Sec. ___. Section 411.6, subsection 16, Code 2021, is 15 amended by adding the following new paragraph: 16 NEW PARAGRAPH . d. A person otherwise eligible to receive an 17 ordinary or accidental disability retirement benefit under this 18 chapter shall not be eligible to receive such a benefit if the 19 person is subsequently terminated or removed by the employing 20 city of the person pursuant to section 400.18 or 400.19, or 21 other comparable process. Upon determination of ineligibility 22 pursuant to this paragraph, the person’s entitlement to a 23 disability benefit under this chapter shall terminate and any 24 disability retirement allowance received by such a person must 25 be returned to the system together with interest earned on the 26 disability retirement allowance calculated at a rate determined 27 by the system. However, the determination of ineligibility 28 as provided under this paragraph may be waived for good cause 29 as determined by the board. The burden of establishing good 30 cause is on the person who received the disability retirement 31 allowance. 32 Sec. ___. Section 411.8, subsection 1, paragraph f, 33 subparagraph (8), Code 2021, is amended to read as follows: 34 (8) Beginning July 1, 1996, and each fiscal year thereafter, 35 -4- SF479.1227 (2) 89 as/rh 4/ 7
an amount equal to the member’s contribution rate times each 1 member’s compensation shall be paid to the fund from the 2 earnable compensation of the member. For the purposes of this 3 subparagraph, the member’s contribution rate shall be nine 4 and thirty-five hundredths percent or, beginning July 1, 2009 5 until June 30, 2009 , nine and four-tenths percent until June 6 30, 2021, and, beginning July 1, 2021, nine and fifty-five 7 hundredths percent . However, the system shall increase the 8 member’s contribution rate as necessary to cover any increase 9 in cost to the system resulting from statutory changes which 10 are enacted by any session of the general assembly meeting 11 after January 1, 1991, if the increase cannot be absorbed 12 within the contribution rates otherwise established pursuant to 13 this paragraph, but subject to a maximum employee contribution 14 rate of eleven and three-tenths percent or, beginning July 15 1, 2009, eleven and thirty-five hundredths percent. The 16 contribution rate increases specified in 1994 Iowa Acts, ch. 17 1183, pursuant to this chapter and chapter 97A shall be the 18 only member contribution rate increases for these systems 19 resulting from the statutory changes enacted in 1994 Iowa 20 Acts, ch. 1183, and shall apply only to the fiscal periods 21 specified in 1994 Iowa Acts, ch. 1183. After the employee 22 contribution reaches eleven and three-tenths percent or eleven 23 and thirty-five hundredths percent, as applicable, sixty 24 percent of the additional cost of such statutory changes shall 25 be paid by employers under paragraph “c” and forty percent 26 of the additional cost shall be paid by employees under this 27 paragraph. 28 Sec. ___. Section 411.15, Code 2021, is amended to read as 29 follows: 30 411.15 Hospitalization and medical attention. 31 1. a. Cities shall provide hospital, nursing, and medical 32 attention for the members of the police and fire departments 33 of the cities, when injured while in the performance of their 34 duties as members of such department , and or for injuries and 35 -5- SF479.1227 (2) 89 as/rh 5/ 7
diseases arising out of and in the course of the employment. 1 b. Cities shall continue to provide hospital, nursing, and 2 medical attention for injuries or diseases incurred while in 3 the performance of their duties or arising out of and in the 4 course of the employment for members or beneficiaries receiving 5 a retirement allowance under section 411.6 , subsection 6 . 6 2. a. Cities may fund the cost of the hospital, nursing, 7 and medical attention required by this section through the 8 purchase of insurance, by self-insuring the obligation, or 9 through payment of moneys into a local government risk pool 10 established for the purpose of covering the costs associated 11 with the requirements of this section . However, the cost of 12 the hospital, nursing, and medical attention required by this 13 section shall not be funded through an employee-paid health 14 insurance policy. 15 b. A member or beneficiary shall not be required to pay the 16 cost of the hospital, nursing, and medical attention required 17 by this section, including but not limited to any costs 18 or premiums associated with any insurance policy providing 19 coverage for the hospital, nursing, and medical attention. 20 c. The cost of the hospital, nursing, and medical attention 21 required by this section shall be paid from moneys held in a 22 trust and agency fund established pursuant to section 384.6 , 23 or out of the appropriation for the department to which the 24 injured person belongs or belonged; provided that any amounts 25 received by the injured person from any other source for such 26 specific purposes, shall be deducted from the amount paid by 27 the city under the provisions of this section . 28 3. a. For purposes of this subsection, “date of the 29 occurrence of the injury or disease” means the date that the 30 member or beneficiary knew or should have known that the injury 31 or disease was work-related. 32 b. To be provided the cost of the hospital, nursing, and 33 medical attention required by this section, the city or the 34 city’s representative shall have actual knowledge of the 35 -6- SF479.1227 (2) 89 as/rh 6/ 7
occurrence of an injury or disease or be provided notice of the 1 occurrence of an injury or disease on behalf of a member or 2 beneficiary within ninety days from the date of the occurrence 3 of the injury or disease. 4 c. An action to require the city to provide the cost of 5 the hospital, nursing, and medical attention required by this 6 section shall not be maintained unless the action is commenced 7 before the later of any of the following: 8 (1) Two years from the date of the occurrence of the injury 9 or disease. 10 (2) Two years from the date the city denies a claim to 11 provide hospital, nursing, and medical attention required by 12 this section. 13 (3) Five years from the last date of employment of the 14 member if the action is related to costs associated with a 15 disease as specified in section 411.6, subsection 5. > 16 2. Title page, line 1, after < entity > by inserting < and 17 benefits concerning members of the municipal fire and police 18 retirement system > 19 ______________________________ JACKIE SMITH -7- SF479.1227 (2) 89 as/rh 7/ 7 #2.