Senate File 226 - Reprinted
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SF 61)
(COMPANION TO HF 83
BY HUNTER)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the statewide fire and police retirement system
2 by establishing a presumption that cancer and infectious
3 diseases are work=related for purposes of disability and death
4 benefits and by increasing the contribution rate.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 SF 226
7 ec/sc/jh/26
PAG LIN
1 1 Section 1. Section 411.6, subsection 5, paragraph c, Code
1 2 2009, is amended to read as follows:
1 3 c. Disease under this section shall mean heart disease or
1 4 any disease of the lungs or respiratory tract, infectious
1 5 disease, or cancer, and shall be presumed to have been
1 6 contracted while on active duty as a result of strain or the
1 7 inhalation of noxious fumes, poison or gases. For purposes of
1 8 this section, "cancer" means prostate cancer, primary brain
1 9 cancer, breast cancer, ovarian cancer, cervical cancer,
1 10 uterine cancer, malignant melanoma, leukemia, non=Hodgkin's
1 11 lymphoma, bladder cancer, colorectal cancer, multiple myeloma,
1 12 testicular cancer, and kidney cancer; and "infectious disease"
1 13 means HIV or AIDS as defined in section 141A.1, all strains of
1 14 hepatitis, meningococcal meningitis, and mycobacterium
1 15 tuberculosis. However, if a person's membership in the system
1 16 first commenced on or after July 1, 1992, and the heart
1 17 disease, or disease of the lungs or respiratory tract,
1 18 infectious disease, or cancer would not exist, but for a
1 19 medical condition that was known to exist on the date that
1 20 membership commenced, the presumption established in this
1 21 paragraph shall not apply.
1 22 Sec. 2. Section 411.6, subsection 9, paragraph a, Code
1 23 2009, is amended to read as follows:
1 24 a. If, upon the receipt of evidence and proof from the
1 25 chief of the police or fire department that the death of a
1 26 member in service was the natural and proximate result of an
1 27 injury or disease incurred in or aggravated by the actual
1 28 performance of duty at some definite time and place, or while
1 29 acting pursuant to order, outside of the city by which the
1 30 member is regularly employed, the system decides that death
1 31 was so caused in the performance of duty, there shall be paid,
1 32 in lieu of the ordinary death benefit provided in subsection
1 33 8, an accidental death benefit as set forth in this
1 34 subsection. Disease under this subsection shall mean heart
1 35 disease or, any disease of the lungs or respiratory tract,
2 1 infectious disease, or cancer, and shall be presumed to have
2 2 been contracted while on active duty as a result of strain or
2 3 the inhalation of noxious fumes, poison, or gases.
2 4 Sec. 3. Section 411.8, subsection 1, paragraph f,
2 5 subparagraph (8), Code 2009, is amended to read as follows:
2 6 (8) Beginning July 1, 1996, and each fiscal year
2 7 thereafter, an amount equal to the member's contribution rate
2 8 times each member's compensation shall be paid to the fund
2 9 from the earnable compensation of the member. For the
2 10 purposes of this subparagraph, the member's contribution rate
2 11 shall be nine and thirty=five hundredths percent or, beginning
2 12 July 1, 2009, nine and four=tenths percent. However, the
2 13 system shall increase the member's contribution rate as
2 14 necessary to cover any increase in cost to the system
2 15 resulting from statutory changes which are enacted by any
2 16 session of the general assembly meeting after January 1, 1991,
2 17 if the increase cannot be absorbed within the contribution
2 18 rates otherwise established pursuant to this paragraph, but
2 19 subject to a maximum employee contribution rate of eleven and
2 20 three=tenths percent or, beginning July 1, 2009, eleven and
2 21 thirty=five hundredths percent. The contribution rate
2 22 increases specified in 1994 Iowa Acts, ch. 1183, pursuant to
2 23 this chapter and chapter 97A shall be the only member
2 24 contribution rate increases for these systems resulting from
2 25 the statutory changes enacted in 1994 Iowa Acts, ch. 1183, and
2 26 shall apply only to the fiscal periods specified in 1994 Iowa
2 27 Acts, ch. 1183. After the employee contribution reaches
2 28 eleven and three=tenths percent or eleven and thirty=five
2 29 hundredths percent, as applicable, sixty percent of the
2 30 additional cost of such statutory changes shall be paid by
2 31 employers under paragraph "c" and forty percent of the
2 32 additional cost shall be paid by employees under this
2 33 paragraph.
2 34 Sec. 4. MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM ==
2 35 REPORT. The municipal fire and police retirement system, as
3 1 established pursuant to chapter 411, shall collect data
3 2 related to the implementation, utilization, and costs
3 3 associated with the requirements of this Act providing that
3 4 cancer and infectious disease are presumed to be a disease
3 5 contracted while a member of the retirement system is on
3 6 active duty as provided in section 411.6, subsections 5 and 9.
3 7 The retirement system shall submit a written report to the
3 8 general assembly by January 1, 2014, concerning the data
3 9 collected, including its findings and recommendations.
3 10 SF 226
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