SF 2146 (LSB 5956XS (3) 90)

SENATE FILE 2146

BY  EDLER

A BILL FOR

An Act concerning presumptions relating to the occurrence of cancers for purposes of providing benefits under the municipal fire and police retirement system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 411.1, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  6A.  “Carcinogen” means an agent classified by the international agency for research on cancer as a group 1 or group 2A carcinogen.
   NEW SUBSECTION.  10A.  “Hazardous duty” means the same as defined in 5 C.F.R. §550.902, as amended.
    Sec. 2.  Section 411.6, subsection 5, paragraph c, subparagraph (2), Code 2024, is amended to read as follows:
   (2)  Disease under this subsection shall also mean cancer or infectious disease and shall be presumed to have been contracted while on active duty as a result of that duty.
    Sec. 3.  Section 411.6, subsection 5, paragraph c, Code 2024, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (03)  Disease under this subsection shall also mean cancer and shall be presumed to have been contracted while on active duty as a result of that duty if the active duty included at least six years of performing hazardous duty.
   (a)  The presumption in this subparagraph is rebuttable if there is evidence of any of the following:
   (i)  Sufficient exposure to tobacco products or other carcinogen that presents an extremely high risk for the development of cancer that occurred outside the scope of active duty.
   (ii)  No known sufficient exposure to a carcinogen.
   (iii)  The cancer occurring prior to the date of membership.
   (iv)  The attainment of seventy years of age.
   (b)  The rebuttable presumption in this subparagraph does not apply if more than twenty years have occurred since the last day of performing hazardous duty.
    Sec. 4.  Section 411.6, subsection 9, paragraph a, subparagraph (2), subparagraph division (b), Code 2024, is amended to read as follows:
   (b)  Disease under this subsection shall also mean cancer or infectious disease and shall be presumed to have been contracted while on active duty as a result of that duty.
    Sec. 5.  Section 411.6, subsection 9, paragraph a, subparagraph (2), Code 2024, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (c)  Disease under this subsection shall also mean cancer and shall be presumed to have been contracted while on active duty as a result of that duty if the active duty included at least six years of performing hazardous duty.
   (i)  The presumption in this subparagraph division is rebuttable if there is evidence of any of the following:
   (A)  Sufficient exposure to tobacco products or other carcinogen that presents an extremely high risk for the development of cancer that occurred outside the scope of active duty.
   (B)  No known sufficient exposure to a carcinogen.
   (C)  The cancer occurring prior to the date of membership.
   (D)  The attainment of seventy years of age.
   (ii)  The rebuttable presumption in this subparagraph division does not apply if more than twenty years have occurred since the last day of performing hazardous duty.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns presumptions relating to the occurrence of cancers for purposes of providing accidental disability and accidental death benefits under the municipal fire and police retirement system (411 system).
   Under current law, if a member incurs a cancer diagnosis of one of the cancers defined in Code section 411.1, the cancer is presumed to have been contracted while on active duty as a result of that duty. The bill modifies the cancer presumption by requiring the cancer presumption to include at least six years of performing hazardous duty.
   The bill makes the new cancer hazardous duty presumption rebuttable if there is evidence of sufficient exposure to tobacco products or other carcinogens, there is no known sufficient exposure to a carcinogen, the cancer occurred prior to the date of membership in the 411 system, or the attainment of 70 years of age.
   The new cancer hazardous duty presumption described in the bill does not apply if more than 20 years have occurred since the last day of performing hazardous duty.
   The bill defines “carcinogen” to mean an agent classified by the international agency for research on cancer as a group 1 or group 2A carcinogen.
   The bill defines “hazardous duty” to mean the same as defined in 5 C.F.R. §550.902, as amended.