House File 2172 - Introduced



                                       HOUSE FILE       
                                       BY  HUSER, STRUYK, LUKAN,
                                           McCARTHY, THOMAS, PETERSEN,
                                           REICHERT, WISE, TOMENGA, and
                                           R. OLSON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning the line of duty death benefit payable to
  2    public safety providers and making an appropriation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5473YH 81
  5 ec/je/5

PAG LIN



  1  1    Section 1.  Section 97A.6, subsection 16, paragraph b,
  1  2 subparagraph (1), Code Supplement 2005, is amended to read as
  1  3 follows:
  1  4    (1)  (a)  The death resulted from stress, strain,
  1  5 occupational illness, or a chronic, progressive, or congenital
  1  6 illness, including, but not limited to, a disease of the
  1  7 heart, lungs, or respiratory system, unless a traumatic
  1  8 personal injury was a substantial contributing factor to the
  1  9 member's death.
  1 10    (b)  However, if the death was the direct and proximate
  1 11 result of a heart attack or stroke, the member shall be
  1 12 presumed to have died as a result of a traumatic personal
  1 13 injury if the member engaged in a nonroutine stressful or
  1 14 strenuous physical activity within the scope of the member's
  1 15 duties and the death resulted while engaging in that activity,
  1 16 while still on duty after engaging in that activity, or not
  1 17 later than twenty=four hours after engaging in that activity,
  1 18 and the presumption is not overcome by competent medical
  1 19 evidence to the contrary.  For purposes of this subparagraph
  1 20 subdivision, "nonroutine stressful or strenuous physical
  1 21 activity" includes, but is not limited to, nonroutine
  1 22 stressful or strenuous physical law enforcement, fire
  1 23 suppression, rescue, hazardous material response, emergency
  1 24 medical services, prison security, disaster relief, emergency
  1 25 response, and training exercise activities.  "Nonroutine
  1 26 stressful or strenuous physical activity" does not include
  1 27 activities of a clerical, administrative, or nonmanual nature.
  1 28    Sec. 2.  Section 97A.6, subsection 16, paragraph b, Code
  1 29 Supplement 2005, is amended by adding the following new
  1 30 subparagraph:
  1 31    NEW SUBPARAGRAPH.  (6)  The death qualifies for a volunteer
  1 32 emergency services provider death benefit pursuant to section
  1 33 100B.11.
  1 34    Sec. 3.  Section 97B.52, subsection 2, paragraph b,
  1 35 subparagraph (1), Code 2005, is amended to read as follows:
  2  1    (1)  (a)  The death resulted from stress, strain,
  2  2 occupational illness, or a chronic, progressive, or congenital
  2  3 illness, including, but not limited to, a disease of the
  2  4 heart, lungs, or respiratory system, unless a traumatic
  2  5 personal injury was a substantial contributing factor to the
  2  6 special service member's death.
  2  7    (b)  However, if the death was the direct and proximate
  2  8 result of a heart attack or stroke, the special service member
  2  9 shall be presumed to have died as a result of a traumatic
  2 10 personal injury if the special service member engaged in a
  2 11 nonroutine stressful or strenuous physical activity within the
  2 12 scope of the member's duties and the death resulted while
  2 13 engaging in that activity, while still on duty after engaging
  2 14 in that activity, or not later than twenty=four hours after
  2 15 engaging in that activity, and the presumption is not overcome
  2 16 by competent medical evidence to the contrary.  For purposes
  2 17 of this subparagraph subdivision, "nonroutine stressful or
  2 18 strenuous physical activity" includes, but is not limited to,
  2 19 nonroutine stressful or strenuous physical law enforcement,
  2 20 fire suppression, rescue, hazardous material response,
  2 21 emergency medical services, prison security, disaster relief,
  2 22 emergency response, and training exercise activities.
  2 23 "Nonroutine stressful or strenuous physical activity" does not
  2 24 include activities of a clerical, administrative, or nonmanual
  2 25 nature.
  2 26    Sec. 4.  Section 97B.52, subsection 2, paragraph b, Code
  2 27 2005, is amended by adding the following new subparagraph:
  2 28    NEW SUBPARAGRAPH.  (6)  The death qualifies for a volunteer
  2 29 emergency services provider death benefit pursuant to section
  2 30 100B.11.
  2 31    Sec. 5.  Section 100B.11, subsection 3, Code 2005, is
  2 32 amended to read as follows:
  2 33    3.  For purposes of this section, "volunteer emergency
  2 34 services provider" means a any of the following:
  2 35    a.  A volunteer fire fighter as defined in section 85.61,
  3  1 a.
  3  2    b.  A volunteer person performing the functions of an
  3  3 emergency medical care provider or volunteer emergency rescue
  3  4 technician as defined in section 147A.1 who is not covered as
  3  5 a volunteer emergency services provider under chapter 97A,
  3  6 97B, or 411, or a was not paid full=time by the entity for
  3  7 which such services were being performed at the time the
  3  8 incident giving rise to the death occurred.
  3  9    c.  A reserve peace officer as defined in section 80D.1A.
  3 10    Sec. 6.  NEW SECTION.  100B.11A  SUPPLEMENTAL PUBLIC SAFETY
  3 11 PROVIDER DEATH BENEFIT == ELIGIBILITY.
  3 12    1.  There is appropriated annually from the general fund of
  3 13 the state to the department of administrative services an
  3 14 amount sufficient to pay supplemental death benefit claims
  3 15 under this section.  The director of the department of
  3 16 administrative services shall issue warrants for payment of
  3 17 the supplemental death benefit claims approved for payment by
  3 18 the department of public safety under subsection 2.  A
  3 19 supplemental line of duty death benefit payable under this
  3 20 section shall be in addition to any other death benefit
  3 21 payable on behalf of an eligible public safety provider.
  3 22    2.  Upon written application with appropriate
  3 23 documentation, a supplemental line of duty death benefit shall
  3 24 be paid to the beneficiary of an eligible public safety
  3 25 provider in a lump sum equal to the supplemental benefit
  3 26 amount.  The application shall include documentation of the
  3 27 line of duty death benefit otherwise payable on behalf of an
  3 28 eligible public safety provider.
  3 29    3.  For purposes of this section:
  3 30    a.  "Eligible public safety provider" is the person whose
  3 31 beneficiary is entitled to receive a line of duty death
  3 32 benefit pursuant to section 97A.6, subsection 16, section
  3 33 97B.52, subsection 2, or section 411.6, subsection 15.
  3 34    b.  "Supplemental benefit amount" is the amount, if any,
  3 35 equal to one hundred thousand dollars less the amount payable
  4  1 on behalf of an eligible public safety provider pursuant to
  4  2 section 97A.6, subsection 16, section 97B.52, subsection 2, or
  4  3 section 411.6, subsection 15.
  4  4    Sec. 7.  Section 411.6, subsection 15, paragraph b,
  4  5 subparagraph (1), Code 2005, is amended to read as follows:
  4  6    (1)  (a)  The death resulted from stress, strain,
  4  7 occupational illness, or a chronic, progressive, or congenital
  4  8 illness, including, but not limited to, a disease of the
  4  9 heart, lungs, or respiratory system, unless a traumatic
  4 10 personal injury was a substantial contributing factor to the
  4 11 member's death.
  4 12    (b)  However, if the death was the direct and proximate
  4 13 result of a heart attack or stroke, the member shall be
  4 14 presumed to have died as a result of a traumatic personal
  4 15 injury if the member engaged in a nonroutine stressful or
  4 16 strenuous physical activity within the scope of the member's
  4 17 duties and the death resulted while engaging in that activity,
  4 18 while still on duty after engaging in that activity, or not
  4 19 later than twenty=four hours after engaging in that activity,
  4 20 and the presumption is not overcome by competent medical
  4 21 evidence to the contrary.  For purposes of this subparagraph
  4 22 subdivision, "nonroutine stressful or strenuous physical
  4 23 activity" includes, but is not limited to, nonroutine
  4 24 stressful or strenuous physical law enforcement, fire
  4 25 suppression, rescue, hazardous material response, emergency
  4 26 medical services, prison security, disaster relief, emergency
  4 27 response, and training exercise activities.  "Nonroutine
  4 28 stressful or strenuous physical activity" does not include
  4 29 activities of a clerical, administrative, or nonmanual nature.
  4 30    Sec. 8.  Section 411.6, subsection 15, paragraph b, Code
  4 31 2005, is amended by adding the following new subparagraph:
  4 32    NEW SUBPARAGRAPH.  (6)  The death qualifies for a volunteer
  4 33 emergency services provider death benefit pursuant to section
  4 34 100B.11.
  4 35                           EXPLANATION
  5  1    This bill concerns the $100,000 line of duty death benefit
  5  2 payable to eligible public safety employees under the peace
  5  3 officers retirement system (PORS) in Code chapter 97A, the
  5  4 Iowa public employees' retirement system (IPERS) in Code
  5  5 chapter 97B, and the statewide fire and police retirement
  5  6 system (MFPRSI) established by Code chapter 411, and the
  5  7 volunteer emergency services provider death benefit in Code
  5  8 section 100B.11.
  5  9    The bill provides under each retirement system (PORS,
  5 10 IPERS, and MFPRSI), that if the death of an otherwise eligible
  5 11 public safety provider was the result of a heart attack or
  5 12 stroke, the death will be presumed to have been as a result of
  5 13 a traumatic personal injury and compensable as a line of duty
  5 14 death benefit if the provider had engaged in nonroutine
  5 15 stressful or strenuous physical activity and the death
  5 16 occurred while engaging in that activity, while still on duty
  5 17 after that activity, or within 24 hours after the activity,
  5 18 and the presumption cannot be overcome by medical evidence.
  5 19 The bill also provides that if the line of duty death benefit
  5 20 payable under any of the retirement systems is less than
  5 21 $100,000, a supplemental line of duty death benefit equal to
  5 22 the difference shall be paid to the beneficiary and payable by
  5 23 the department of public safety from the general fund of the
  5 24 state.
  5 25    The bill provides that the volunteer emergency services
  5 26 provider death benefit under section 100B.11 shall provide for
  5 27 the death benefit for all volunteer emergency services
  5 28 providers whether the provider may otherwise be covered under
  5 29 PORS, IPERS, or MFPRSI.  The bill provides that if a benefit
  5 30 is paid under section 100B.11, no line of duty death benefit
  5 31 will be payable under the other retirement systems.
  5 32    The bill also amends the definition of a volunteer
  5 33 emergency services provider under Code section 100B.11 to
  5 34 cover persons performing the functions of an emergency medical
  5 35 care provider or emergency rescue technician who were not paid
  6  1 full=time by the entity for which such services were being
  6  2 performed at the time the incident giving rise to the death
  6  3 occurred.
  6  4 LSB 5473YH 81
  6  5 ec:rj/je/5.1