House File 2568 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2568
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE CALCULATION OF CERTAIN WEEKLY WORKERS'
  1  5    COMPENSATION BENEFITS BY REQUIRING CERTAIN WEEKLY WORKERS'
  1  6    COMPENSATION BENEFITS TO BE CALCULATED BY INCLUDING AN
  1  7    EMPLOYEE'S SHIFT DIFFERENTIAL PAY AND BY CHANGING THE BASIS
  1  8    FOR CALCULATING THE WEEKLY RATE FOR CERTAIN INJURED INMATES.
  1  9
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11
  1 12    Section 1.  Section 85.36, subsections 6 and 7, Code 2007,
  1 13 are amended to read as follows:
  1 14    6.  In the case of an employee who is paid on a daily or
  1 15 hourly basis, or by the output of the employee, the weekly
  1 16 earnings shall be computed by dividing by thirteen the
  1 17 earnings, including shift differential pay but not including
  1 18 overtime or premium pay, of the employee earned in the employ
  1 19 of the employer in the last completed period of thirteen
  1 20 consecutive calendar weeks immediately preceding the injury.
  1 21 If the employee was absent from employment for reasons
  1 22 personal to the employee during part of the thirteen calendar
  1 23 weeks preceding the injury, the employee's weekly earnings
  1 24 shall be the amount the employee would have earned had the
  1 25 employee worked when work was available to other employees of
  1 26 the employer in a similar occupation.  A week which does not
  1 27 fairly reflect the employee's customary earnings shall be
  1 28 replaced by the closest previous week with earnings that
  1 29 fairly represent the employee's customary earnings.
  1 30    7.  In the case of an employee who has been in the employ
  1 31 of the employer less than thirteen calendar weeks immediately
  1 32 preceding the injury, the employee's weekly earnings shall be
  1 33 computed under subsection 6, taking the earnings, including
  1 34 shift differential pay but not including overtime or premium
  1 35 pay, for such purpose to be the amount the employee would have
  2  1 earned had the employee been so employed by the employer the
  2  2 full thirteen calendar weeks immediately preceding the injury
  2  3 and had worked, when work was available to other employees in
  2  4 a similar occupation.  If the earnings of other employees
  2  5 cannot be determined, the employee's weekly earnings shall be
  2  6 the average computed for the number of weeks the employee has
  2  7 been in the employ of the employer.
  2  8    Sec. 2.  Section 85.59, unnumbered paragraph 4, Code 2007,
  2  9 is amended to read as follows:
  2 10    If an inmate is permanently incapacitated by injury in the
  2 11 performance of the inmate's work in connection with the
  2 12 maintenance of the institution, in an industry maintained in
  2 13 the institution, or in an industry referred to in section
  2 14 904.809, while on detail to perform services on a public works
  2 15 project, or while performing services authorized pursuant to
  2 16 section 904.809, or is permanently or temporarily
  2 17 incapacitated in connection with the performance of unpaid
  2 18 community service under the direction of the district court,
  2 19 board of parole, or judicial district department of
  2 20 correctional services, or in connection with the provision of
  2 21 services pursuant to a chapter 28E agreement entered into
  2 22 pursuant to section 904.703, or who is performing a work
  2 23 assignment of value to the state or to the public under
  2 24 chapter 232, that inmate shall be awarded only the benefits
  2 25 provided in section 85.27 and section 85.34, subsections 2 and
  2 26 3.  The weekly rate for such permanent disability is equal to
  2 27 sixty=six and two=thirds percent of the state average weekly
  2 28 wage paid employees as determined by the department of
  2 29 workforce development under section 96.19, subsection 36, and
  2 30 in effect at the time of the injury the minimum rate as
  2 31 provided in this chapter.
  2 32
  2 33
  2 34                                                             
  2 35                               PATRICK J. MURPHY
  3  1                               Speaker of the House
  3  2
  3  3
  3  4                                                             
  3  5                               JOHN P. KIBBIE
  3  6                               President of the Senate
  3  7
  3  8    I hereby certify that this bill originated in the House and
  3  9 is known as House File 2568, Eighty=second General Assembly.
  3 10
  3 11
  3 12                                                             
  3 13                               MARK BRANDSGARD
  3 14                               Chief Clerk of the House
  3 15 Approved                , 2008
  3 16
  3 17
  3 18                            
  3 19 CHESTER J. CULVER
  3 20 Governor