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