Senate File 414 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO SF 400)


    Passed Senate,  Date              Passed House, Date              
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for income tax credits for the cost of
  2    purchasing life insurance coverage by certain members of the
  3    national guard and the reserves, providing for death benefits
  4    for certain deceased members of the national guard and the
  5    reserves, providing for the payment of certain death benefits
  6    for members of the peace officers' retirement, accident, and
  7    disability system and for members of the retirement system for
  8    police officers and fire fighters, making appropriations, and
  9    providing for effective and retroactive applicability dates.
 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 11 SF 414
 12 av/cc/26

PAG LIN



  1  1    Section 1.  NEW SECTION.  29A.27A  MILITARY SERVICE LIFE
  1  2 INSURANCE TAX CREDITS AND DEATH BENEFITS == APPROPRIATION.
  1  3    1.  A member of the national guard or reserve forces of the
  1  4 United States on active duty in the military service of this
  1  5 state or of the United States, who purchases a life insurance
  1  6 policy that is obtained through the federal servicemembers'
  1  7 group life insurance program pursuant to 38 U.S.C. } 1965 et
  1  8 seq., as amended, during the member's period of active duty,
  1  9 may claim a tax credit that equals one hundred percent of the
  1 10 cost to the member of purchasing such life insurance coverage
  1 11 during the member's period of active duty.
  1 12    2.  Each member of the national guard or reserve forces of
  1 13 the United States who died on or after January 1, 2003, and
  1 14 prior to the effective date of this Act, while on active duty
  1 15 in the military service of this state or of the United States
  1 16 pursuant to military orders related to Operation Iraqi
  1 17 Freedom, Operation Noble Eagle, or Operation Enduring Freedom
  1 18 shall have a death benefit paid on behalf of that member by
  1 19 the state.  This death benefit shall be paid in an amount up
  1 20 to and including two hundred fifty thousand dollars or so much
  1 21 thereof as is necessary to make the total death benefit
  1 22 payable on behalf of that member, including any amount
  1 23 received on behalf of that member under a life insurance
  1 24 policy obtained through the federal servicemembers' group life
  1 25 insurance program pursuant to 38 U.S.C. } 1965 et seq., as
  1 26 amended, equal to the amount of two hundred fifty thousand
  1 27 dollars.
  1 28    3.  The adjutant general shall adopt rules necessary to
  1 29 determine eligibility for and to administer the death benefit
  1 30 program.
  1 31    4.  The department of revenue shall adopt rules necessary
  1 32 to determine eligibility for and to administer the military
  1 33 service life insurance tax credit program.
  1 34    5.  This section is not intended to alter, amend, or change
  1 35 the eligibility or applicability requirements of the federal
  2  1 servicemembers' group life insurance program pursuant to 38
  2  2 U.S.C. } 1965 et seq., as amended, or any rights,
  2  3 responsibilities, or benefits thereunder.
  2  4    6.  The cost of death benefits payable pursuant to this
  2  5 section shall be paid out of moneys in the state treasury not
  2  6 otherwise appropriated.
  2  6    Sec. 2.  Section 97A.6, subsection 16, Code
  2  6 2005, is amended by adding the following new
  2  6 paragraph:
  2  6    NEW PARAGRAPH.  c.  There is appropriated annually
  2  6 from the general fund of the state to the board of
  2  6 trustees an amount sufficient to pay death benefit
  2  6 claims under this subsection.
  2  6    Sec. 3.  Section 411.6, subsection 15, Code 2005,
  2  6 is amended by adding the following new paragraph:
  2  6    NEW PARAGRAPH.  c.  There is appropriated annually
  2  6 from the general fund of the state to the system an
  2  6 amount sufficient to pay death benefit claims under
  2  6 this subsection.
  2  7    Sec. 4.  NEW SECTION.  422.11K  MILITARY SERVICE LIFE
  2  8 INSURANCE TAX CREDIT.
  2  9    The taxes imposed under this division, less the credits
  2 10 allowed under sections 422.12 and 422.12B, shall be reduced by
  2 11 a military service life insurance tax credit as allowed under
  2 12 section 29A.27A.
  2 13    Any credit in excess of the tax liability shall be
  2 14 refunded.  In lieu of claiming a refund, a taxpayer may elect
  2 15 to have the overpayment shown on the taxpayer's final,
  2 16 completed return credited to the tax liability for the
  2 17 following taxable year.
  2 18    Sec. 5.  EFFECTIVE DATES AND RETROACTIVE APPLICABILITY
  2 19 DATES.  This Act, being deemed of immediate importance, takes
  2 20 effect upon enactment and applies retroactively to January 1,
  2 21 2005, for tax years beginning on or after that date.
  3 26 SF 414
  3 27 av:rj/cc/26