House
File
589
-
Introduced
HOUSE
FILE
589
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
190)
A
BILL
FOR
An
Act
concerning
the
municipal
fire
and
police
retirement
1
system
and
including
effective
date
and
retroactive
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
400.8,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
The
commission,
when
necessary
under
the
rules,
3
including
minimum
and
maximum
age
limits,
which
shall
be
4
prescribed
and
published
in
advance
by
the
commission
and
5
posted
in
the
city
hall,
shall
hold
examinations
for
the
6
purpose
of
determining
the
qualifications
of
applicants
7
for
positions
under
civil
service,
other
than
promotions,
8
which
examinations
shall
be
practical
in
character
and
shall
9
relate
to
matters
which
will
fairly
test
the
mental
and
10
physical
ability
of
the
applicant
to
discharge
the
duties
of
11
the
position
to
which
the
applicant
seeks
appointment.
The
12
physical
examination
of
applicants
for
appointment
to
the
13
positions
of
police
officer,
police
matron,
or
fire
fighter
14
shall
be
held
in
accordance
with
medical
protocols
established
15
by
the
board
of
trustees
of
the
fire
and
police
retirement
16
system
established
by
section
411.5
and
shall
be
conducted
17
in
accordance
with
the
directives
of
the
board
of
trustees.
18
However,
the
prohibitions
of
section
216.6,
subsection
1
,
19
paragraph
“d”
,
regarding
tests
for
the
presence
of
the
antibody
20
to
the
human
immunodeficiency
virus
shall
not
apply
to
such
21
examinations.
The
board
of
trustees
may
change
the
medical
22
protocols
at
any
time
the
board
so
determines.
In
the
event
of
23
a
conflict
between
the
medical
protocols
established
under
this
24
section
and
the
minimum
entrance
requirements
of
the
Iowa
law
25
enforcement
academy
under
section
80B.11,
the
medical
protocols
26
established
under
this
section
shall
control.
The
physical
27
examination
of
an
applicant
for
the
position
of
police
officer,
28
police
matron,
or
fire
fighter
shall
be
conducted
after
a
29
conditional
offer
of
employment
has
been
made
to
the
applicant.
30
An
applicant
shall
not
be
discriminated
against
on
the
basis
31
of
height,
weight,
sex,
or
race
in
determining
physical
or
32
mental
ability
of
the
applicant.
Reasonable
rules
relating
to
33
strength,
agility,
and
general
health
of
applicants
shall
be
34
prescribed.
The
costs
of
the
physical
examination
required
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under
this
subsection
shall
be
paid
from
the
trust
and
agency
1
fund
of
the
city.
2
Sec.
2.
Section
411.1,
subsection
14,
Code
2013,
is
amended
3
to
read
as
follows:
4
14.
“Member
in
good
standing”
means
a
member
in
service
who
5
is
not
subject
to
removal
by
the
employing
city
of
the
member
6
pursuant
to
section
400.18
or
400.19
,
or
other
comparable
7
process,
and
who
is
not
the
subject
of
an
investigation
that
8
could
lead
to
such
removal.
A
Except
as
specifically
provided
9
pursuant
to
section
411.9,
a
person
who
is
restored
to
active
10
service
for
purposes
of
applying
for
a
pension
under
this
11
chapter
is
not
a
member
in
good
standing.
12
Sec.
3.
Section
411.1,
Code
2013,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
23.
“Vested
member”
means
a
member
who
has
15
become
eligible
to
receive
monthly
retirement
benefits
upon
the
16
member’s
retirement
as
the
result
of
either
completing
at
least
17
four
years
of
service
or
of
attaining
the
age
of
fifty-five
18
while
performing
membership
service.
19
Sec.
4.
Section
411.5,
subsection
12,
paragraph
e,
Code
20
2013,
is
amended
by
striking
the
paragraph
and
inserting
in
21
lieu
thereof
the
following:
22
e.
Notwithstanding
any
provision
of
this
chapter
to
the
23
contrary,
all
benefits
under
this
chapter
shall
commence
no
24
later
than
the
required
beginning
date
specified
under
section
25
401(a)(9)
of
the
federal
Internal
Revenue
Code
and
shall
comply
26
with
the
required
minimum
distribution
provisions
of
that
27
section.
28
Sec.
5.
Section
411.6,
subsection
1,
paragraph
b,
Code
2013,
29
is
amended
to
read
as
follows:
30
b.
Any
vested
member
in
service
who
has
been
a
member
of
31
the
retirement
system
four
or
more
years
and
whose
employment
32
is
terminated
prior
to
the
member’s
retirement
,
other
than
by
33
death
or
disability,
prior
to
the
member
being
credited
with
34
twenty-two
years
of
service
shall
,
upon
attaining
retirement
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age
for
a
vested
member
with
four
or
more
years
of
service
1
or
upon
application
to
the
system
for
a
vested
member
with
2
less
than
four
years
of
service
,
receive
a
service
retirement
3
allowance
of
four
as
calculated
in
the
manner
provided
in
this
4
paragraph.
A
vested
member
receiving
a
retirement
allowance
5
pursuant
to
this
paragraph
shall
receive
a
service
retirement
6
allowance
equal
to
one
twenty-seconds
of
the
retirement
7
allowance
the
member
would
receive
at
retirement
if
the
8
member’s
employment
had
not
been
terminated,
and
an
additional
9
one
twenty-second
of
such
retirement
allowance
for
each
10
additional
year
of
service
not
exceeding
based
on
twenty-two
11
years
of
service
,
multiplied
by
the
number
of
years
of
service
12
credited
to
the
member
.
The
amount
of
the
retirement
allowance
13
shall
be
calculated
in
the
manner
provided
in
this
paragraph
14
using
the
average
final
compensation
at
the
time
of
termination
15
of
employment.
16
Sec.
6.
Section
411.6,
subsection
8,
paragraph
c,
17
subparagraph
(3),
Code
2013,
is
amended
by
striking
the
18
subparagraph.
19
Sec.
7.
Section
411.9,
subsection
2,
Code
2013,
is
amended
20
to
read
as
follows:
21
2.
In
the
case
of
a
member’s
death
occurring
on
or
after
22
January
1,
2007,
if
the
member
dies
while
performing
qualified
23
military
service
as
defined
in
section
414(u)
of
the
Internal
24
Revenue
Code,
the
survivors
of
the
member
are
entitled
to
any
25
additional
benefits
,
other
than
benefit
accruals
relating
to
26
the
period
of
qualified
military
service,
provided
by
the
27
system
as
if
the
member
had
resumed
membership
service
and
28
had
died
as
the
natural
and
proximate
result
of
an
injury
or
29
disease
incurred
in
or
aggravated
by
the
actual
performance
of
30
duty
at
some
definite
time
and
place.
31
Sec.
8.
Section
411.9,
Code
2013,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
2A.
In
the
case
of
a
member’s
disability
34
incurred
while
performing
qualified
military
service
as
defined
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in
section
414(u)
of
the
Internal
Revenue
Code,
the
member
1
shall
be
treated
as
a
member
in
good
standing,
whether
or
2
not
the
member
returns
to
membership
service,
and
shall
be
3
permitted
to
file
an
application
for
an
ordinary
disability
4
retirement
benefit
as
provided
in
section
411.6.
5
Sec.
9.
Section
411.9,
Code
2013,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
2B.
In
the
case
of
a
member’s
death
or
8
disability
occurring
on
or
after
January
1,
2007,
if
the
member
9
is
unable
to
resume
membership
service
as
a
result
of
death
or
10
disability
incurred
while
performing
qualified
military
service
11
as
defined
in
section
414(u)
of
the
Internal
Revenue
Code,
12
the
member
shall
be
treated
as
if
the
member
had
returned
to
13
membership
service
and
the
period
of
military
service
shall
be
14
treated
as
membership
service.
15
Sec.
10.
Section
411.23,
subsection
1,
Code
2013,
is
amended
16
to
read
as
follows:
17
1.
Commencing
July
1,
1990,
if
an
active
member,
in
service
18
on
or
after
that
date,
terminates
service,
other
than
by
death
19
or
disability,
the
member
may
elect
to
withdraw
the
member’s
20
contributions
under
section
411.8,
subsection
1
,
paragraphs
“f”
21
and
“h”
,
together
with
interest
thereon
at
a
rate
determined
by
22
the
board
of
trustees.
If
the
member
is
married
at
the
time
23
of
the
application
for
withdrawal,
the
application
is
subject
24
to
the
consent
of
the
member’s
spouse
unless
the
amount
to
be
25
withdrawn
does
not
exceed
the
amount
that
may
be
withdrawn
26
without
consent
as
established
by
section
401(a)
of
the
federal
27
Internal
Revenue
Code.
If
a
member
withdraws
contributions
as
28
provided
in
this
section
,
the
member
shall
be
deemed
to
have
29
waived
all
claims
for
other
benefits
from
the
system
for
the
30
period
of
membership
service
for
which
the
contributions
are
31
withdrawn.
32
Sec.
11.
Section
411.36,
subsection
1,
paragraph
a,
33
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
34
(3)
A
city
treasurer,
city
financial
officer,
or
city
clerk
,
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or
other
city
officer
involved
with
the
management
of
the
1
financial
matters
of
the
city
from
four
participating
cities,
2
one
of
whom
is
from
a
city
having
a
population
of
less
than
3
thirty
thousand,
and
three
of
whom
are
from
cities
having
a
4
population
of
thirty
thousand
or
more.
The
members
authorized
5
pursuant
to
this
paragraph
shall
be
appointed
by
the
governing
6
body
of
the
Iowa
league
of
cities.
7
Sec.
12.
EFFECTIVE
UPON
ENACTMENT.
The
following
8
provision
or
provisions
of
this
Act,
being
deemed
of
immediate
9
importance,
take
effect
upon
enactment:
10
1.
The
section
of
this
Act
amending
section
411.9,
11
subsection
2.
12
2.
The
section
of
this
Act
enacting
section
411.9,
13
subsection
2B.
14
3.
The
section
of
this
Act
amending
section
411.36,
15
subsection
1.
16
Sec.
13.
RETROACTIVE
APPLICABILITY.
The
following
17
provision
or
provisions
of
this
Act
apply
retroactively
to
18
January
1,
2007:
19
1.
The
section
of
this
Act
amending
section
411.9,
20
subsection
2.
21
2.
The
section
of
this
Act
enacting
section
411.9,
22
subsection
2B.
23
Sec.
14.
RETROACTIVE
APPLICABILITY.
The
following
24
provision
or
provisions
of
this
Act
apply
retroactively
to
25
appointments
made
on
or
after
January
1,
2013:
26
1.
The
section
of
this
Act
amending
section
411.36,
27
subsection
1.
28
EXPLANATION
29
This
bill
makes
changes
to
the
Municipal
Fire
and
Police
30
Retirement
System
(MFPRSI).
31
Code
section
400.8,
concerning
entrance
examinations
for
32
civil
service
employees,
is
amended
to
provide
that
if
a
33
conflict
exists
between
the
medical
protocols
established
by
34
the
board
of
trustees
of
MFPRSI
for
police
and
fire
fighters
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and
the
entrance
requirements
for
the
Iowa
Law
Enforcement
1
Academy,
the
medical
protocols
established
by
the
MFPRSI
board
2
shall
control.
3
Code
section
411.1
is
amended
to
define
a
vested
member
of
4
MFPRSI
as
a
member
who
is
eligible
to
receive
a
retirement
5
benefit
by
completing
at
least
four
years
of
service
or
6
attaining
age
55
while
performing
membership
service.
7
Code
section
411.5,
concerning
the
administration
of
MFPRSI,
8
is
amended
to
provide
that
benefits
paid
under
MFPRSI
shall
9
comply
with
the
required
beginning
date
and
required
minimum
10
distribution
provisions
of
the
federal
Internal
Revenue
Code.
11
Code
section
411.6(1),
concerning
calculation
of
a
service
12
retirement
benefit,
is
amended
to
provide
that
a
vested
member
13
of
MFPRSI
with
less
than
22
years
of
membership
service
is
14
entitled
to
receive
a
service
retirement
allowance
based
on
the
15
number
of
years
of
service
credited
to
the
member.
Current
16
law
provides
this
service
retirement
allowance
only
to
those
17
members
with
at
least
four
years
of
service.
18
Code
section
411.6(8),
concerning
an
ordinary
death
benefit
19
under
MFPRSI,
is
amended
by
striking
the
provision
granting
20
to
the
deceased
member’s
dependent
parents,
if
there
is
no
21
surviving
spouse
or
child,
an
option
to
elect
as
the
death
22
benefit
a
monthly
pension
benefit
in
lieu
of
a
lump
sum
23
payment.
The
change
does
not
eliminate
the
ability
of
a
24
deceased
member’s
parents
to
receive
a
lump
sum
ordinary
death
25
benefit
if
otherwise
eligible.
26
Code
section
411.9,
concerning
military
service,
is
amended
27
by
adding
two
new
subsections.
28
New
Code
section
411.9(2A)
provides
that
if
a
member’s
29
disability
was
incurred
while
performing
qualified
military
30
service,
the
member
shall
be
permitted
to
file
an
application
31
for
an
ordinary
disability
retirement
regardless
of
whether
the
32
member
returned
to
membership
service
following
the
disability.
33
New
Code
section
411.9(2B)
provides
that
if
a
member
is
34
unable
to
return
to
membership
service
following
the
member’s
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death
or
disability
occurring
on
or
after
January
1,
2007,
1
while
performing
qualified
military
service,
the
member
shall
2
be
treated
as
having
returned
to
membership
service
and
the
3
period
of
military
service
shall
be
treated
as
membership
4
service
for
purposes
of
Code
chapter
411.
Code
section
5
411.9(2)
is
also
amended
to
reflect
that
the
period
of
military
6
service
shall
be
counted
as
membership
service
for
purposes
of
7
providing
death
benefits
to
a
member
who
dies
while
performing
8
qualified
military
service.
The
bill
provides
that
both
9
changes
take
effect
upon
enactment
and
apply
retroactively
to
10
January
1,
2007.
11
Code
section
411.23(1),
concerning
withdrawal
of
12
contributions,
is
amended
to
provide
that
a
member
who
13
terminates
service
and
elects
to
withdraw
the
member’s
14
contributions
to
MFPRSI
shall
be
subject
to
the
consent
of
15
the
member’s
spouse
if
the
amount
to
be
withdrawn
exceeds
the
16
amount
that
may
be
withdrawn
as
established
by
the
federal
17
Internal
Revenue
Code.
Currently,
the
maximum
amount
that
18
may
be
withdrawn
without
consent
as
provided
by
the
federal
19
Internal
Revenue
Code
is
$5,000.
20
Code
section
411.36,
concerning
the
board
of
trustees
of
the
21
MFPRSI,
is
amended
to
provide
that
the
appointment
of
the
city
22
representative
of
the
board
is
not
limited
to
individuals
with
23
the
title
of
city
treasurer,
city
financial
officer,
or
city
24
clerk,
but
instead
allows
the
appointment
of
those
specified
25
officers
or
any
city
officer
involved
with
the
management
of
26
the
financial
matters
of
the
city.
The
bill
provides
that
this
27
change
takes
effect
upon
enactment
and
applies
retroactively
to
28
appointments
to
the
board
made
on
or
after
January
1,
2013.
29
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LSB
2278HV
(1)
85
ec/sc
7/
7