House File 525 - Introduced HOUSE FILE BY D. OLSON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring an annual cost=of=living adjustment for certain 2 weekly workers' compensation benefits for veterans. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2332YH 83 5 av/rj/24 PAG LIN 1 1 Section 1. Section 85.36, Code 2009, is amended to read as 1 2 follows: 1 3 85.36 BASIS OF COMPUTATION. 1 4 1. The basis of compensation shall be the weekly earnings 1 5 of the injured employee at the time of the injury. Weekly 1 6 earnings means gross salary, wages, or earnings of an employee 1 7 to which such employee would have been entitled had the 1 8 employee worked the customary hours for the full pay period in 1 9 which the employee was injured, as regularly required by the 1 10 employee's employer for the work or employment for which the 1 11 employee was employed, computed or determined as follows and 1 12 then rounded to the nearest dollar: 1 131.a. In the case of an employee who is paid on a weekly 1 14 pay period basis, the weekly gross earnings. 1 152.b. In the case of an employee who is paid on a biweekly 1 16 pay period basis, one=half of the biweekly gross earnings. 1 173.c. In the case of an employee who is paid on a 1 18 semimonthly pay period basis, the semimonthly gross earnings 1 19 multiplied by twenty=four and subsequently divided by 1 20 fifty=two. 1 214.d. In the case of an employee who is paid on a monthly 1 22 pay period basis, the monthly gross earnings multiplied by 1 23 twelve and subsequently divided by fifty=two. 1 245.e. In the case of an employee who is paid on a yearly 1 25 pay period basis, the weekly earnings shall be the yearly 1 26 earnings divided by fifty=two. 1 276.f. In the case of an employee who is paid on a daily or 1 28 hourly basis, or by the output of the employee, the weekly 1 29 earnings shall be computed by dividing by thirteen the 1 30 earnings, including shift differential pay but not including 1 31 overtime or premium pay, of the employee earned in the employ 1 32 of the employer in the last completed period of thirteen 1 33 consecutive calendar weeks immediately preceding the injury. 1 34 If the employee was absent from employment for reasons 1 35 personal to the employee during part of the thirteen calendar 2 1 weeks preceding the injury, the employee's weekly earnings 2 2 shall be the amount the employee would have earned had the 2 3 employee worked when work was available to other employees of 2 4 the employer in a similar occupation. A week which does not 2 5 fairly reflect the employee's customary earnings shall be 2 6 replaced by the closest previous week with earnings that 2 7 fairly represent the employee's customary earnings. 2 87.g. In the case of an employee who has been in the 2 9 employ of the employer less than thirteen calendar weeks 2 10 immediately preceding the injury, the employee's weekly 2 11 earnings shall be computed undersubsection 6paragraph "f", 2 12 taking the earnings, including shift differential pay but not 2 13 including overtime or premium pay, for such purpose to be the 2 14 amount the employee would have earned had the employee been so 2 15 employed by the employer the full thirteen calendar weeks 2 16 immediately preceding the injury and had worked, when work was 2 17 available to other employees in a similar occupation. If the 2 18 earnings of other employees cannot be determined, the 2 19 employee's weekly earnings shall be the average computed for 2 20 the number of weeks the employee has been in the employ of the 2 21 employer. 2 228.2. If at the time of the injury the hourly earnings 2 23 have not been fixed or cannot be ascertained, the earnings for 2 24 the purpose of calculating compensation shall be taken to be 2 25 the usual earnings for similar services where such services 2 26 are rendered by paid employees. 2 279.3. If an employee earns either no wages or less than 2 28 the usual weekly earnings of the regular full=time adult 2 29 laborer in the line of industry in which the employee is 2 30 injured in that locality, the weekly earnings shall be 2 31 one=fiftieth of the total earnings which the employee has 2 32 earned from all employment during the twelve calendar months 2 33 immediately preceding the injury. 2 34 a. In computing the compensation to be allowed a volunteer 2 35 fire fighter, emergency medical care provider, reserve peace 3 1 officer, volunteer ambulance driver, volunteer emergency 3 2 rescue technician as defined in section 147A.1, or emergency 3 3 medical technician trainee, the earnings as a fire fighter, 3 4 emergency medical care provider, reserve peace officer, 3 5 volunteer ambulance driver, volunteer emergency rescue 3 6 technician, or emergency medical technician trainee shall be 3 7 disregarded and the volunteer fire fighter, emergency medical 3 8 care provider, reserve peace officer, volunteer ambulance 3 9 driver, volunteer emergency rescue technician, or emergency 3 10 medical technician trainee shall be paid an amount equal to 3 11 the compensation the volunteer fire fighter, emergency medical 3 12 care provider, reserve peace officer, volunteer ambulance 3 13 driver, volunteer emergency rescue technician, or emergency 3 14 medical technician trainee would be paid if injured in the 3 15 normal course of the volunteer fire fighter's, emergency 3 16 medical care provider's, reserve peace officer's, volunteer 3 17 ambulance driver's, volunteer emergency rescue technician's, 3 18 or emergency medical technician trainee's regular employment 3 19 or an amount equal to one hundred and forty percent of the 3 20 statewide average weekly wage, whichever is greater. 3 21 b. If the employee was an apprentice or trainee when 3 22 injured, and it is established under normal conditions the 3 23 employee's earnings should be expected to increase during the 3 24 period of disability, that fact may be considered in computing 3 25 the employee's weekly earnings. 3 26 c. If the employee was an inmate as defined in section 3 27 85.59, the inmate's actual earnings shall be disregarded, and 3 28 the weekly compensation rate shall be as set forth in section 3 29 85.59. 3 3010.4. If a wage, or method of calculating a wage, is used 3 31 for the basis of the payment of a workers' compensation 3 32 insurance premium for a proprietor, partner, limited liability 3 33 company member, limited liability partner, or officer of a 3 34 corporation, the wage or the method of calculating the wage is 3 35 determinative for purposes of computing the proprietor's, 4 1 partner's, limited liability company member's, limited 4 2 liability partner's, or officer's weekly workers' compensation 4 3 benefit rate. 4 411.5. In computing the compensation to be allowed an 4 5 elected or appointed official, the official may choose either 4 6 of the following payment options: 4 7 a. The official shall be paid an amount of compensation 4 8 based on the official's weekly earnings as an elected or 4 9 appointed official. 4 10 b. The earnings of the official as an elected or appointed 4 11 official shall be disregarded and the official shall be paid 4 12 an amount equal to one hundred forty percent of the statewide 4 13 average weekly wage. 4 1412.6. In the case of an employee injured in the course of 4 15 performing as a professional athlete, the basis of 4 16 compensation for weekly earnings shall be one=fiftieth of 4 17 total earnings which the employee has earned from all 4 18 employment for the previous twelve months prior to the injury. 4 19 7. In the case of a person who has served in the armed 4 20 forces of the United States on active federal service, the 4 21 basis of compensation for permanent total disability benefits 4 22 or death benefits shall increase on January 1 of each year for 4 23 compensation which becomes due that year by a percentage equal 4 24 to the cost=of=living adjustment made to disability benefits 4 25 payable by the United States social security administration in 4 26 December of the immediately preceding year. 4 27 EXPLANATION 4 28 This bill requires an annual cost=of=living adjustment for 4 29 weekly workers' compensation benefits payable for permanent 4 30 total disability or death for a person who has served in the 4 31 armed forces of the United States on active federal service. 4 32 The adjustment is to be by a percentage equal to the 4 33 cost=of=living adjustment made to disability benefits payable 4 34 by the United States social security administration in 4 35 December of the immediately preceding year. 5 1 LSB 2332YH 83 5 2 av/rj/24