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
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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
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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
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