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