Senate File 2146 - Introduced SENATE FILE 2146 BY EDLER A BILL FOR An Act concerning presumptions relating to the occurrence 1 of cancers for purposes of providing benefits under the 2 municipal fire and police retirement system. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5956XS (3) 90 jm/ns

S.F. 2146 Section 1. Section 411.1, Code 2024, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 6A. “Carcinogen” means an agent classified 3 by the international agency for research on cancer as a group 1 4 or group 2A carcinogen. 5 NEW SUBSECTION . 10A. “Hazardous duty” means the same as 6 defined in 5 C.F.R. §550.902, as amended. 7 Sec. 2. Section 411.6, subsection 5, paragraph c, 8 subparagraph (2), Code 2024, is amended to read as follows: 9 (2) Disease under this subsection shall also mean cancer 10 or infectious disease and shall be presumed to have been 11 contracted while on active duty as a result of that duty. 12 Sec. 3. Section 411.6, subsection 5, paragraph c, Code 2024, 13 is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (03) Disease under this subsection shall 15 also mean cancer and shall be presumed to have been contracted 16 while on active duty as a result of that duty if the active duty 17 included at least six years of performing hazardous duty. 18 (a) The presumption in this subparagraph is rebuttable if 19 there is evidence of any of the following: 20 (i) Sufficient exposure to tobacco products or other 21 carcinogen that presents an extremely high risk for the 22 development of cancer that occurred outside the scope of active 23 duty. 24 (ii) No known sufficient exposure to a carcinogen. 25 (iii) The cancer occurring prior to the date of membership. 26 (iv) The attainment of seventy years of age. 27 (b) The rebuttable presumption in this subparagraph does 28 not apply if more than twenty years have occurred since the 29 last day of performing hazardous duty. 30 Sec. 4. Section 411.6, subsection 9, paragraph a, 31 subparagraph (2), subparagraph division (b), Code 2024, is 32 amended to read as follows: 33 (b) Disease under this subsection shall also mean cancer 34 or infectious disease and shall be presumed to have been 35 -1- LSB 5956XS (3) 90 jm/ns 1/ 3

S.F. 2146 contracted while on active duty as a result of that duty. 1 Sec. 5. Section 411.6, subsection 9, paragraph a, 2 subparagraph (2), Code 2024, is amended by adding the following 3 new subparagraph division: 4 NEW SUBPARAGRAPH DIVISION . (c) Disease under this 5 subsection shall also mean cancer and shall be presumed to have 6 been contracted while on active duty as a result of that duty 7 if the active duty included at least six years of performing 8 hazardous duty. 9 (i) The presumption in this subparagraph division is 10 rebuttable if there is evidence of any of the following: 11 (A) Sufficient exposure to tobacco products or other 12 carcinogen that presents an extremely high risk for the 13 development of cancer that occurred outside the scope of active 14 duty. 15 (B) No known sufficient exposure to a carcinogen. 16 (C) The cancer occurring prior to the date of membership. 17 (D) The attainment of seventy years of age. 18 (ii) The rebuttable presumption in this subparagraph 19 division does not apply if more than twenty years have occurred 20 since the last day of performing hazardous duty. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill concerns presumptions relating to the occurrence 25 of cancers for purposes of providing accidental disability and 26 accidental death benefits under the municipal fire and police 27 retirement system (411 system). 28 Under current law, if a member incurs a cancer diagnosis of 29 one of the cancers defined in Code section 411.1, the cancer 30 is presumed to have been contracted while on active duty as a 31 result of that duty. The bill modifies the cancer presumption 32 by requiring the cancer presumption to include at least six 33 years of performing hazardous duty. 34 The bill makes the new cancer hazardous duty presumption 35 -2- LSB 5956XS (3) 90 jm/ns 2/ 3

S.F. 2146 rebuttable if there is evidence of sufficient exposure to 1 tobacco products or other carcinogens, there is no known 2 sufficient exposure to a carcinogen, the cancer occurred prior 3 to the date of membership in the 411 system, or the attainment 4 of 70 years of age. 5 The new cancer hazardous duty presumption described in the 6 bill does not apply if more than 20 years have occurred since 7 the last day of performing hazardous duty. 8 The bill defines “carcinogen” to mean an agent classified by 9 the international agency for research on cancer as a group 1 10 or group 2A carcinogen. 11 The bill defines “hazardous duty” to mean the same as defined 12 in 5 C.F.R. §550.902, as amended. 13 -3- LSB 5956XS (3) 90 jm/ns 3/ 3