House File 2071 - Introduced HOUSE FILE 2071 BY DAWSON A BILL FOR An Act concerning review by the board of trustees of the 1 statewide fire and police retirement system of certain 2 determinations by participating cities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5721HH (2) 85 ec/sc

H.F. 2071 Section 1. Section 411.6, subsection 5, paragraph b, Code 1 2014, is amended to read as follows: 2 b. If a member in service or the chief of the police or 3 fire departments becomes incapacitated for duty as a natural 4 or proximate result of an injury or disease incurred in or 5 aggravated by the actual performance of duty at some definite 6 time or place or while acting, pursuant to order, outside the 7 city by which the member is regularly employed, the member, 8 upon being found to be temporarily incapacitated following a 9 medical examination as directed by the city, is entitled to 10 receive the member’s full pay and allowances from the city’s 11 general fund or trust and agency fund until reexamined as 12 directed by the city and found to be fully recovered or until 13 the city determines that the member is likely to be permanently 14 disabled. If the temporary incapacity of a member continues 15 more than sixty days, or if the city expects the incapacity 16 to continue more than sixty days, the city shall notify the 17 system of the temporary incapacity. Upon notification by a 18 city, the system may refer the matter to the medical board for 19 review and consultation with the member’s treating physician 20 during the temporary incapacity. Except as provided by this 21 paragraph, the The board of trustees of the statewide system 22 has no jurisdiction over these matters until an appeal by a 23 member of a determination by a city that the member is not 24 temporarily incapacitated and is not entitled to receive the 25 member’s full pay and allowances. The board of trustees also 26 has jurisdiction once the city determines that the disability 27 is likely to be permanent. 28 Sec. 2. Section 411.15, Code 2014, is amended to read as 29 follows: 30 411.15 Hospitalization and medical attention. 31 Cities shall provide hospital, nursing, and medical 32 attention for the members of the police and fire departments 33 of the cities, when injured while in the performance of their 34 duties as members of such department, and shall continue to 35 -1- LSB 5721HH (2) 85 ec/sc 1/ 2

H.F. 2071 provide hospital, nursing, and medical attention for injuries 1 or diseases incurred while in the performance of their duties 2 for members receiving a retirement allowance under section 3 411.6, subsection 6 . The board of trustees has jurisdiction 4 over an appeal by a member of a determination by a city that 5 the member was not injured while in the performance of the 6 member’s duties and not entitled to hospitalization and medical 7 attention under this section. Cities may fund the cost of 8 the hospital, nursing, and medical attention required by this 9 section through the purchase of insurance, by self-insuring 10 the obligation, or through payment of moneys into a local 11 government risk pool established for the purpose of covering 12 the costs associated with the requirements of this section . 13 However, the cost of the hospital, nursing, and medical 14 attention required by this section shall not be funded through 15 an employee-paid health insurance policy. The cost of the 16 hospital, nursing, and medical attention required by this 17 section shall be paid from moneys held in a trust and agency 18 fund established pursuant to section 384.6 , or out of the 19 appropriation for the department to which the injured person 20 belongs or belonged; provided that any amounts received by 21 the injured person from any other source for such specific 22 purposes, shall be deducted from the amount paid by the city 23 under the provisions of this section . 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill provides that the board of trustees of the 28 statewide fire and police retirement system has jurisdiction 29 to review a determination by a city that a member of the 30 retirement system is not temporarily incapacitated and is not 31 entitled to receive the member’s full pay and allowances under 32 section 411.6(5), or was not injured while in the performance 33 of the member’s duties and not entitled to hospitalization and 34 medical attention under section 411.15. 35 -2- LSB 5721HH (2) 85 ec/sc 2/ 2