House File 273 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER


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

                                      A BILL FOR

  1 An Act concerning eligibility requirements under the statewide
  2    fire and police retirement system for payment of a line of
  3    duty death benefit for a death resulting from a heart attack
  4    or stroke.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2335HH 81
  7 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                           EXPLANATION
  1 28    This bill concerns eligibility for state payment of a line
  1 29 of duty death benefit to members of the statewide fire and
  1 30 police retirement system.
  1 31    The bill provides that if the death was the result of a
  1 32 heart attack or stroke, the death will be presumed to have
  1 33 been as a result of a traumatic personal injury and
  1 34 compensable as a death in the line of duty under the
  1 35 retirement system if the member had engaged in nonroutine
  2  1 stressful or strenuous activity and the death occurred while
  2  2 engaging in that activity, while still on duty after that
  2  3 activity, or within 24 hours after the activity, and the
  2  4 presumption cannot be overcome by medical evidence.
  2  5 LSB 2335HH 81
  2  6 ec:nh/sh/8