House File 410 - Introduced HOUSE FILE 410 BY BRECKENRIDGE and THORUP A BILL FOR An Act relating to the period within which a proceeding for 1 workers’ compensation benefits must be commenced and offsets 2 against retirement allowances for workers’ compensation 3 benefits in certain circumstances under the Iowa public 4 employees’ retirement system. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2283YH (4) 89 je/rn

H.F. 410 Section 1. Section 85.26, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. An original proceeding for benefits under this chapter 3 or chapter 85A , 85B , or 86 , shall not be maintained in any 4 contested case unless the proceeding is commenced within two 5 years from the date of the occurrence of the injury for which 6 benefits are claimed or one year from the date a denial of 7 liability is received by the employee, whichever is later, 8 or, if weekly compensation benefits are paid under section 9 86.13 , within three years from the date of the last payment 10 of weekly compensation benefits. For the purposes of this 11 section , “date of the occurrence of the injury” means the date 12 that the employee knew or should have known that the injury was 13 work-related. 14 Sec. 2. Section 97B.50A, subsection 5, Code 2021, is amended 15 to read as follows: 16 5. Offset to allowance. 17 a. Notwithstanding any provisions to the contrary in state 18 law, or any applicable contract or policy, any amounts which 19 may be paid or payable by the employer under any workers’ 20 compensation, unemployment compensation, employer-paid 21 disability plan, program, or policy, or other law to a member, 22 and any disability payments the member receives pursuant to 23 the federal Social Security Act, 42 U.S.C. §423 et seq., 24 shall be offset against and payable in lieu of any retirement 25 allowance payable pursuant to this section on account of the 26 same disability. 27 b. Notwithstanding paragraph “a” , any workers’ compensation 28 benefits received by a member for past medical expenses or 29 future medical expenses shall not be offset against and not 30 considered payable in lieu of any retirement allowance payable 31 pursuant to this section on account of the same disability. 32 c. Notwithstanding paragraph “a” , any workers’ compensation 33 benefits received by a member for reimbursement of vacation 34 time used, sick time used, or for any unpaid time off from work 35 -1- LSB 2283YH (4) 89 je/rn 1/ 2

H.F. 410 shall not be offset against and not considered payable in lieu 1 of any retirement allowance payable pursuant to this section on 2 account of the same disability. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 Current law provides that an original proceeding regarding 7 a contest of liability for workers’ compensation benefits can 8 be maintained if commenced within two years from the date of 9 the occurrence of the injury for which benefits are claimed. 10 This bill provides that such a proceeding can be maintained if 11 commenced within that period or within one year from the date a 12 denial of liability is received by the employee, whichever is 13 later. 14 The bill provides that any workers’ compensation benefits 15 received by a member for past medical expenses or future 16 medical expenses, or any workers’ compensation benefits 17 received by a member for reimbursement of vacation time used, 18 sick time used, or for any unpaid time off from work, shall not 19 be offset against and not considered payable in lieu of any 20 retirement allowance payable under the Iowa public employees’ 21 retirement system on account of the same disability. 22 -2- LSB 2283YH (4) 89 je/rn 2/ 2