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