Senate File 2389 - Introduced



                                  SENATE FILE       
                                  BY  GRONSTAL and IVERSON


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

                                      A BILL FOR

  1 An Act concerning the offset of workers' compensation benefits
  2    under the peace officers' retirement, accident, and disability
  3    retirement system and including an effective date and
  4    retroactive applicability provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6615SS 81
  7 ec/sh/8

PAG LIN



  1  1    Section 1.  Section 97A.6, subsection 11, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    11.  PENSIONS OFFSET BY COMPENSATION BENEFITS.  Any amounts
  1  4 which may be paid or payable by the state under the provisions
  1  5 of any workers' compensation or similar law to a member or to
  1  6 the dependents of a member on account of any disability or
  1  7 death, shall be offset against and payable in lieu of any
  1  8 benefits payable out of funds provided by the state under the
  1  9 provisions of this chapter on account of the same disability
  1 10 or death except as otherwise provided by this subsection.  In
  1 11 case the present value of the total commuted benefits under
  1 12 said workers' compensation or similar law is less than the
  1 13 pension reserve on the benefits otherwise payable from funds
  1 14 provided by the state under this chapter, then the present
  1 15 value of the commuted payments shall be deducted from the
  1 16 pension reserve and such benefits as may be provided by the
  1 17 pension reserve so reduced shall be payable under the
  1 18 provisions of this chapter.  However, a member receiving an
  1 19 accidental disability benefit arising out of an injury,
  1 20 disease, or exposure occurring or aggravated on or after July
  1 21 1, 2000, shall not have the member's pension offset by amounts
  1 22 payable under workers' compensation for a permanent partial
  1 23 disability or permanent total disability pursuant to section
  1 24 85.34, for the same disability or death.
  1 25    Sec. 2.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  This
  1 26 Act, being deemed of immediate importance, takes effect upon
  1 27 enactment and is retroactively applicable to July 1, 2000, and
  1 28 is applicable on and after that date.
  1 29                           EXPLANATION
  1 30    This bill provides that a member receiving an accidental
  1 31 disability benefit under the peace officers' retirement,
  1 32 accident, and disability retirement system shall not have
  1 33 their pension offset by any workers' compensation benefits
  1 34 payable to the member for a permanent partial disability or
  1 35 permanent total disability.  The bill applies to any injury,
  2  1 disease, or exposure occurring or aggravated on or after July
  2  2 1, 2000, giving rise to a disability benefit and workers'
  2  3 compensation benefits.
  2  4    The bill takes effect upon enactment and is retroactively
  2  5 applicable to July 1, 2000.
  2  6 LSB 6615SS 81
  2  7 ec:nh/sh/8