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