House File 2336 - Introduced HOUSE FILE BY T. TAYLOR 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 on 2 behalf of members of the statewide fire and police retirement 3 system and providing an appropriation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6129HH 81 6 ec/sh/8 PAG LIN 1 1 Section 1. Section 411.6, subsection 15, paragraph b, 1 2 subparagraph (1), Code 2005, is amended to read as follows: 1 3 (1) (a) The death resulted from stress, strain, 1 4 occupational illness, or a chronic, progressive, or congenital 1 5 illness, including, but not limited to, a disease of the 1 6 heart, lungs, or respiratory system, unless a traumatic 1 7 personal injury was a substantial contributing factor to the 1 8 member's death. 1 9 (b) However, if the death was the direct and proximate 1 10 result of a heart attack or stroke, the member shall be 1 11 presumed to have died as a result of a traumatic personal 1 12 injury if the member engaged in a nonroutine stressful or 1 13 strenuous physical activity within the scope of the member's 1 14 duties and the death resulted while engaging in that activity, 1 15 while still on duty after engaging in that activity, or not 1 16 later than twenty=four hours after engaging in that activity, 1 17 and the presumption is not overcome by competent medical 1 18 evidence to the contrary. For purposes of this subparagraph 1 19 subdivision, "nonroutine stressful or strenuous physical 1 20 activity" includes, but is not limited to, nonroutine 1 21 stressful or strenuous physical law enforcement, fire 1 22 suppression, rescue, hazardous material response, emergency 1 23 medical services, prison security, disaster relief, emergency 1 24 response, and training exercise activities. "Nonroutine 1 25 stressful or strenuous physical activity" does not include 1 26 activities of a clerical, administrative, or nonmanual nature. 1 27 Sec. 2. Section 411.6, subsection 15, Code 2005, is 1 28 amended by adding the following new paragraph: 1 29 NEW PARAGRAPH. c. There is appropriated annually from the 1 30 general fund of the state to the system an amount sufficient 1 31 to pay line of duty death benefit claims under this 1 32 subsection. The director of the department of administrative 1 33 services shall issue warrants for payment of line of duty 1 34 death benefit claims approved for payment by the system. 1 35 EXPLANATION 2 1 This bill concerns the $100,000 line of duty death benefit 2 2 payable to eligible members of the statewide fire and police 2 3 retirement system (MFPRSI) established by Code chapter 411. 2 4 The bill provides that if the death of an otherwise 2 5 eligible member of the MFPRSI was the result of a heart attack 2 6 or stroke, the death will be presumed to have been as a result 2 7 of a traumatic personal injury and compensable as a line of 2 8 duty death benefit if the provider had engaged in nonroutine 2 9 stressful or strenuous physical activity and the death 2 10 occurred while engaging in that activity, while still on duty 2 11 after that activity, or within 24 hours after the activity, 2 12 and the presumption cannot be overcome by medical evidence. 2 13 The bill also provides that any line of duty death benefit 2 14 claim payable to a member of MFPRSI shall be paid by an 2 15 appropriation from the general fund of the state and not from 2 16 the pension system fund. 2 17 LSB 6129HH 81 2 18 ec:rj/sh/8