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