House File 2369 - Introduced



                                       HOUSE FILE       
                                       BY  BAUDLER


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

                                      A BILL FOR

  1 An Act relating to accidental disability retirement benefits for
  2    a peace officer who is exposed to noxious substances and
  3    providing effective and retroactive applicability dates.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5035YH 81
  6 av/sh/8

PAG LIN



  1  1    Section 1.  Section 97A.6, subsection 5, Code Supplement
  1  2 2005, is amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  Injury, disease, or exposure under this
  1  4 subsection shall include any case where disability or death is
  1  5 caused by latent or delayed pathological conditions, blood, or
  1  6 other tissue changes or malignancies due to exposure to
  1  7 noxious fumes, poisons, or gases while on active duty,
  1  8 including but not limited to exposure to methamphetamine, or
  1  9 its components or materials used in its manufacture.  A member
  1 10 in service is not entitled to disability benefits for such
  1 11 exposure unless the disability or death results within five
  1 12 years after the last injurious exposure while on active duty.
  1 13    Sec. 2.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
  1 14 PROVISIONS.  This Act, being deemed of immediate importance,
  1 15 takes effect upon enactment, is retroactively applicable to
  1 16 five years prior to the effective date, and is applicable to
  1 17 disability or death that occurs on and after that date.
  1 18                           EXPLANATION
  1 19    This bill provides that a peace officer who is disabled or
  1 20 dies due to exposure to noxious fumes, poisons, or gases,
  1 21 including but not limited to methamphetamine or its components
  1 22 or materials used in its manufacture, while on active duty, is
  1 23 entitled to accidental disability benefits under Code chapter
  1 24 97A if disability or death results within five years after the
  1 25 last injurious exposure to such noxious substances while on
  1 26 active duty.
  1 27    The bill is effective upon enactment and is retroactively
  1 28 applicable to five years prior to the effective date and is
  1 29 applicable to disability or death that occurs on and after
  1 30 that date.
  1 31 LSB 5035YH 81
  1 32 av:rj/sh/8