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