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 13    1. a.  In the case of an employee who is paid on a weekly
  1 14 pay period basis, the weekly gross earnings.
  1 15    2. 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 17    3. 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 21    4. 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 24    5. 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 27    6. 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  8    7. 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 under subsection 6 paragraph "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 22    8. 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 27    9. 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 30    10. 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  4    11. 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 14    12. 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