S.F. 505 Section 1. Section 400.8, subsection 1, Code 2023, 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 and mental health evaluation of applicants 13 for appointment to the positions of police officer , police 14 matron, or fire fighter shall be held in accordance with 15 medical protocols established by the board of trustees of the 16 fire and police retirement system established by section 411.5 17 and shall be conducted in accordance with the directives of 18 the board of trustees. However, the prohibitions of section 19 216.6, subsection 1 , paragraph “d” , regarding tests for the 20 presence of the antibody to the human immunodeficiency virus 21 shall not apply to such examinations. The board of trustees 22 may change the medical protocols at any time the board so 23 determines. In the event of a conflict between the medical 24 protocols established under this section and the minimum 25 entrance requirements of the Iowa law enforcement academy under 26 section 80B.11 , the medical protocols established under this 27 section shall control. The physical examination and mental 28 health evaluation of an applicant for the position of police 29 officer , police matron, or fire fighter shall be conducted 30 after a conditional offer of employment has been made to the 31 applicant. An applicant shall not be discriminated against 32 on the basis of height, weight, sex, or race in determining 33 physical or mental ability of the applicant. Reasonable rules 34 relating to strength, agility, and general health of applicants 35 -1- LSB 1947SV (3) 90 ec/rn 1/ 11

S.F. 505 shall be prescribed. The costs of the physical examination and 1 the mental health evaluation required under this subsection 2 shall be paid from the trust and agency fund of the city. 3 Sec. 2. Section 411.1, subsection 14, Code 2023, is amended 4 by striking the subsection and inserting in lieu thereof the 5 following: 6 14. “Member in good standing” means any member in service 7 who has not been terminated by the employing city of the 8 member pursuant to section 400.18 or 400.19. Termination 9 procedures initiated by the chief of police or chief of the 10 fire department pursuant to section 400.19 shall not become 11 final or adversely impact a member’s status as a member in 12 good standing until all appeals provided by an applicable 13 collective bargaining agreement or by law have been exhausted. 14 Disciplinary action other than discharge shall not adversely 15 affect a member’s status as a member in good standing. 16 Sec. 3. Section 411.1, Code 2023, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 15A. “Ordinary disability beneficiary” 19 means a member retired on an ordinary disability retirement 20 benefit pursuant to section 411.6, subsection 3, for three 21 years or less. 22 Sec. 4. Section 411.6, subsection 5, paragraphs a and b, 23 Code 2023, are amended to read as follows: 24 a. Upon application to the system , of a member in good 25 standing , of an ordinary disability beneficiary, or of the 26 chief of the police or fire departments, respectively, any 27 member in good standing or ordinary disability beneficiary 28 who has become totally and permanently incapacitated for duty 29 as the natural and proximate result of an injury or disease 30 incurred in or aggravated by the actual performance of duty 31 at some definite time and place or arising out of and in the 32 course of the employment , or while acting pursuant to order, 33 outside of the city by which the member is regularly employed, 34 shall be retired by the system , or may have a retirement 35 -2- LSB 1947SV (3) 90 ec/rn 2/ 11

S.F. 505 for an ordinary disability converted to a retirement for an 1 accidental disability, if the medical board certifies that 2 the member or ordinary disability beneficiary is mentally or 3 physically incapacitated for further performance of duty, 4 that the incapacity is likely to be permanent, and that the 5 member should be retired or should have a retirement for an 6 ordinary disability converted to a retirement for an accidental 7 disability . A mental injury based on a manifest happening of 8 a sudden traumatic nature from an unexpected cause or unusual 9 strain may be established irrespective of similar effects 10 on other members. However, if a person’s membership in the 11 system first commenced on or after July 1, 1992, the member 12 or ordinary disability beneficiary shall not be eligible for 13 benefits with respect to a disability which would not exist, 14 but for a medical condition that was known to exist on the 15 date that membership commenced. A medical condition shall be 16 deemed to have been known to exist on the date that membership 17 commenced if the medical condition is reflected in any record 18 or document completed or obtained in accordance with the 19 system’s medical protocols pursuant to section 400.8 , or in any 20 other record or document obtained pursuant to an application 21 for disability benefits from the system, if such record or 22 document existed prior to the date membership commenced. A 23 member who is denied a benefit under this subsection , by 24 reason of a finding by the medical board that the member is 25 not mentally or physically incapacitated for the further 26 performance of duty, shall be entitled to be restored to active 27 service in the same position held immediately prior to the 28 application for disability benefits. 29 b. If a member in service or the chief of the police or 30 fire departments becomes incapacitated for duty as a natural 31 or proximate result of an injury or disease incurred in or 32 aggravated by the actual performance of duty at some definite 33 time or place or arising out of or in the course of the 34 employment, or while acting, pursuant to order, outside the 35 -3- LSB 1947SV (3) 90 ec/rn 3/ 11

S.F. 505 city by which the member is regularly employed, the member, 1 upon being found to be temporarily incapacitated following a 2 medical examination as directed by the city, is entitled to 3 receive the member’s full pay and allowances from the city’s 4 general fund or trust and agency fund until reexamined as 5 directed by the city and found to be fully recovered or until 6 the city determines that the member is likely to be permanently 7 disabled. If the temporary incapacity of a member continues 8 more than sixty days, or if the city expects the incapacity 9 to continue more than sixty days, the city shall notify the 10 system of the temporary incapacity. Upon notification by a 11 city, the system may refer the matter to the medical board for 12 review and consultation with the member’s treating physician 13 during the temporary incapacity. Except as provided by this 14 paragraph, the board of trustees of the statewide system has no 15 jurisdiction over these matters until the city determines that 16 the disability is likely to be permanent. 17 Sec. 5. Section 411.6, subsection 5, paragraph d, Code 2023, 18 is amended by striking the paragraph. 19 Sec. 6. Section 411.6, subsection 6, Code 2023, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . d. (1) Upon a determination on or after 22 July 1, 2023, that an ordinary disability beneficiary is 23 entitled to a retirement for accidental disability, the 24 beneficiary shall receive an accidental disability retirement 25 allowance which shall consist of a pension in an amount that is 26 equal to the greater of sixty percent of the member’s average 27 final compensation or the retirement allowance that the member 28 would receive under subsection 2 if the member had attained 29 fifty-five years of age, or an amount equal to the ordinary 30 disability retirement allowance previously received by the 31 beneficiary, whichever is greater. 32 (2) An accidental disability allowance under this paragraph 33 shall commence effective the first day of the first month 34 following the determination that the ordinary disability 35 -4- LSB 1947SV (3) 90 ec/rn 4/ 11

S.F. 505 beneficiary is entitled to a retirement for accidental 1 disability. 2 Sec. 7. Section 411.6, subsection 9, paragraph a, 3 subparagraph (1), Code 2023, is amended to read as follows: 4 (1) If, upon the receipt of evidence and proof from the 5 chief of the police or fire department that the death of a 6 member in service was the natural and proximate result of an 7 injury or disease incurred in or aggravated by the actual 8 performance of duty at some definite time and place or arising 9 out of and in the course of the employment , or while acting 10 pursuant to order, outside of the city by which the member is 11 regularly employed, the system decides that death was so caused 12 in the performance of duty, there shall be paid, in lieu of the 13 ordinary death benefit provided in subsection 8 , an accidental 14 death benefit as set forth in this subsection . 15 Sec. 8. Section 411.6, subsection 16, Code 2023, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . d. A person otherwise eligible to receive an 18 ordinary or accidental disability retirement benefit under this 19 chapter shall not be eligible to receive such a benefit if the 20 person is subsequently determined to be ineligible pursuant to 21 section 400.18 or 400.19, or other comparable process. Upon 22 determination of ineligibility pursuant to this paragraph, 23 the person’s entitlement to a disability benefit under this 24 chapter shall terminate and any disability retirement allowance 25 received by such a person must be returned to the system 26 together with interest earned on the disability retirement 27 allowance calculated at a rate determined by the system. 28 However, the determination of ineligibility as provided under 29 this paragraph may be waived for good cause as determined by 30 the board. The burden of establishing good cause is on the 31 person who received the disability retirement allowance. 32 Sec. 9. Section 411.8, subsection 1, paragraph f, 33 subparagraph (8), Code 2023, is amended to read as follows: 34 (8) Beginning July 1, 1996, and each fiscal year thereafter, 35 -5- LSB 1947SV (3) 90 ec/rn 5/ 11

S.F. 505 an amount equal to the member’s contribution rate times each 1 member’s compensation shall be paid to the fund from the 2 earnable compensation of the member. For the purposes of this 3 subparagraph, the member’s contribution rate shall be nine and 4 thirty-five hundredths percent or, beginning July 1, until June 5 30, 2009, nine and four-tenths percent until June 30, 2023, 6 and, beginning July 1, 2023, nine and fifty-five hundredths 7 percent . However, the system shall increase the member’s 8 contribution rate as necessary to cover any increase in cost 9 to the system resulting from statutory changes which are 10 enacted by any session of the general assembly meeting after 11 January 1, 1991, if the increase cannot be absorbed within 12 the contribution rates otherwise established pursuant to this 13 paragraph, but subject to a maximum employee contribution rate 14 of eleven and three-tenths percent or, beginning July 1, 2009, 15 eleven and thirty-five hundredths percent. The contribution 16 rate increases specified in 1994 Iowa Acts, ch. 1183, pursuant 17 to this chapter and chapter 97A shall be the only member 18 contribution rate increases for these systems resulting from 19 the statutory changes enacted in 1994 Iowa Acts, ch. 1183, and 20 shall apply only to the fiscal periods specified in 1994 Iowa 21 Acts, ch. 1183. After the employee contribution reaches eleven 22 and three-tenths percent or eleven and thirty-five hundredths 23 percent, as applicable, sixty percent of the additional cost 24 of such statutory changes shall be paid by employers under 25 paragraph “c” and forty percent of the additional cost shall be 26 paid by employees under this paragraph. 27 Sec. 10. Section 411.15, Code 2023, is amended to read as 28 follows: 29 411.15 Hospitalization and medical attention. 30 1. a. Cities shall provide hospital, nursing, and medical 31 attention for the members of the police and fire departments 32 of the cities, when injured while in the performance of their 33 duties as members of such department , and or for injuries and 34 diseases arising out of and in the course of the employment. 35 -6- LSB 1947SV (3) 90 ec/rn 6/ 11

S.F. 505 b. Cities shall continue to provide hospital, nursing, and 1 medical attention for injuries or diseases incurred while in 2 the performance of their duties or arising out of and in the 3 course of the employment for members or beneficiaries receiving 4 a retirement allowance under section 411.6 , subsection 6 . 5 c. Disease under this subsection shall mean heart disease 6 or any disease of the lungs or respiratory tract and shall be 7 presumed to have been contracted while on active duty as a 8 result of strain or the inhalation of noxious fumes, poison, or 9 gases. Disease under this subsection shall also mean cancer 10 or infectious disease, both as defined in section 411.1, and 11 shall be presumed to have been contracted while on active duty 12 as a result of that duty. 13 2. a. Cities may fund the cost of the hospital, nursing, 14 and medical attention required by this section through the 15 purchase of insurance, by self-insuring the obligation, or 16 through payment of moneys into a local government risk pool 17 established for the purpose of covering the costs associated 18 with the requirements of this section . However, the cost of 19 the hospital, nursing, and medical attention required by this 20 section shall not be funded through an employee-paid health 21 insurance policy. 22 b. A member or beneficiary shall not be required to pay the 23 cost of the hospital, nursing, and medical attention required 24 by this section, including but not limited to any costs 25 or premiums associated with any insurance policy providing 26 coverage for the hospital, nursing, and medical attention. 27 c. The cost of the hospital, nursing, and medical attention 28 required by this section shall be paid from moneys held in a 29 trust and agency fund established pursuant to section 384.6 , 30 or out of the appropriation for the department to which the 31 injured person belongs or belonged; provided that any amounts 32 received by the injured person from any other source for such 33 specific purposes, shall be deducted from the amount paid by 34 the city under the provisions of this section . 35 -7- LSB 1947SV (3) 90 ec/rn 7/ 11

S.F. 505 3. a. For purposes of this subsection, “date of the 1 occurrence of the injury or disease” means the date that the 2 member or beneficiary knew or should have known that the injury 3 or disease was work-related. 4 b. To be provided the cost of the hospital, nursing, and 5 medical attention required by this section, the city or the 6 city’s representative shall have actual knowledge of the 7 occurrence of an injury or disease or be provided notice of the 8 occurrence of an injury or disease on behalf of a member or 9 beneficiary within ninety days from the date of the occurrence 10 of the injury or disease. 11 c. (1) Except as provided in subparagraph (2), an action 12 to require the city to provide the cost of hospital, nursing, 13 and medical attention required by this section shall not be 14 maintained unless the action is commenced before the later of 15 any of the following: 16 (a) Two years from the date of the occurrence of the injury 17 or disease. 18 (b) Two years from the date the city denies a claim to 19 provide hospital, nursing, and medical attention required by 20 this section. 21 (2) An action to require the city to provide the cost of 22 the hospital, nursing, and medical attention required by this 23 section for a disease as defined in section 411.6, subsection 24 5, shall not be maintained unless the action is commenced 25 within three years from the last date of employment of the 26 member. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to police officers and fire fighters and 31 concerns civil service entrance evaluations and benefits to 32 members under the municipal fire and police retirement system 33 established under Code chapter 411. 34 Code section 400.8, concerning entrance examinations 35 -8- LSB 1947SV (3) 90 ec/rn 8/ 11

S.F. 505 under civil service for police officers and fire fighters, is 1 amended to require a mental health evaluation as part of the 2 examination. 3 Code section 411.1, concerning definitions, is amended. The 4 bill defines an “ordinary disability beneficiary” as a member 5 retired on an ordinary disability retirement benefit for three 6 years or less. The bill also amends the definition of “member 7 in good standing” to mean any member in service who has not 8 been terminated by the employing city of the member. 9 Code section 411.6(5), concerning accidental disability 10 benefits, is amended to strike the requirement that a member be 11 a member in good standing to apply for accidental disability 12 benefits and allow an ordinary disability beneficiary to 13 make application to the retirement system for an accidental 14 disability retirement benefit. The subsection is further 15 amended to provide that a person is entitled to an accidental 16 disability retirement if the person has become totally and 17 permanently incapacitated as a result of injury and disease 18 arising out of and in the course of the employment and by the 19 actual performance of duty without regard to whether that 20 actual performance of duty was at some definite time and place. 21 The subsection is also amended to provide that a mental injury 22 based on a manifest happening of a sudden traumatic nature 23 from an unexpected cause or unusual strain may be established 24 irrespective of similar effects on other members. 25 Code section 411.6(6), providing for a retirement allowance 26 upon retirement for accidental disability, is amended to 27 provide that an ordinary disability beneficiary who is 28 determined to be entitled to a retirement for accidental 29 disability on or after July 1, 2023, shall receive a retirement 30 allowance that shall consist of the greater of an amount as 31 determined for members receiving an accidental disability 32 retirement or an amount equal to the disability retirement 33 allowance previously received by the beneficiary. 34 Code section 411.6(9), concerning accidental death benefits, 35 -9- LSB 1947SV (3) 90 ec/rn 9/ 11

S.F. 505 is amended to provide that an accidental death benefit shall 1 also be paid if the death was as a result of injury and disease 2 arising out of and in the course of the employment or by the 3 actual performance of duty. 4 Code section 411.6(16), concerning ineligibility for 5 disability benefits, is amended to provide that a person 6 otherwise eligible to receive a disability retirement shall 7 not be eligible if the person is determined to be ineligible 8 pursuant to Code section 400.18 or 400.19, or other comparable 9 process. The bill provides for the repayment of benefits paid 10 prior to the determination of ineligibility. 11 Code section 411.8, concerning the method of financing 12 the retirement system, is amended by increasing the employee 13 contribution rate from 9.4 percent of pay to 9.55 percent of 14 pay beginning July 1, 2023. 15 Code section 411.15, concerning cities’ requirement to 16 provide hospitalization and medical attention for injuries 17 or diseases while on duty, is amended to provide that such 18 attention shall also be provided for injuries arising out 19 of and in the course of employment. The Code section is 20 further amended to provide that cities shall continue to 21 provide hospitalization and medical attention for injuries or 22 diseases while on duty for members or beneficiaries receiving 23 any retirement allowance under Code section 411.6 and not 24 just an accidental disability retirement allowance under 25 Code section 411.6(6). The Code section also provides that 26 disease for purposes of providing medical attention under 27 this Code section shall mean heart disease, any disease of 28 the lungs or respiratory tract, and cancer or infectious 29 disease, all of which shall be presumed to have been contracted 30 while on active duty. The Code section is further amended 31 to provide that a member shall not be required to pay the 32 cost of hospital, nursing, and medical attention required, 33 including payment of any costs or premiums associated with any 34 insurance policy providing coverage. The bill further provides 35 -10- LSB 1947SV (3) 90 ec/rn 10/ 11

S.F. 505 that to be provided the cost of the hospital, nursing, and 1 medical attention, the city shall have actual knowledge of the 2 occurrence of an injury or disease or be provided notice of 3 the occurrence of an injury or disease on behalf of a member 4 or beneficiary within 90 days from the date of the occurrence 5 of the injury or disease. The bill provides that an action to 6 require the city to provide the cost of the medical attention 7 shall not be maintained unless the action is commenced before 8 the later of two years from the date of the occurrence of the 9 injury or disease or two years from the date the city denies 10 a claim to provide medical attention. However, if the action 11 is related to costs associated with a disease as specified in 12 Code section 411.6(5), the bill provides that the cost of the 13 medical attention shall not be maintained unless the action is 14 commenced within three years from the last date of employment 15 of the member. 16 -11- LSB 1947SV (3) 90 ec/rn 11/ 11