Print
House File 410 - IntroducedA Bill ForAn Act 1relating to the period within which a proceeding for
2workers’ compensation benefits must be commenced and offsets
3against retirement allowances for workers’ compensation
4benefits in certain circumstances under the Iowa public
5employees’ retirement system.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.26, subsection 1, Code 2021, is
2amended to read as follows:
31. An original proceeding for benefits under this chapter
4or chapter 85A, 85B, or 86, shall not be maintained in any
5contested case unless the proceeding is commenced within two
6years from the date of the occurrence of the injury for which
7benefits are claimed or one year from the date a denial of
8liability is received by the employee, whichever is later,
9 or, if weekly compensation benefits are paid under section
1086.13, within three years from the date of the last payment
11of weekly compensation benefits. For the purposes of this
12section, “date of the occurrence of the injury” means the date
13that the employee knew or should have known that the injury was
14work-related.
15 Sec. 2. Section 97B.50A, subsection 5, Code 2021, is amended
16to read as follows:
175. Offset to allowance.
18a. Notwithstanding any provisions to the contrary in state
19law, or any applicable contract or policy, any amounts which
20may be paid or payable by the employer under any workers’
21compensation, unemployment compensation, employer-paid
22disability plan, program, or policy, or other law to a member,
23and any disability payments the member receives pursuant to
24the federal Social Security Act, 42 U.S.C. §423 et seq.,
25shall be offset against and payable in lieu of any retirement
26allowance payable pursuant to this section on account of the
27same disability.
28b. Notwithstanding paragraph “a”, any workers’ compensation
29benefits received by a member for past medical expenses or
30future medical expenses shall not be offset against and not
31considered payable in lieu of any retirement allowance payable
32pursuant to this section on account of the same disability.
33c. Notwithstanding paragraph “a”, any workers’ compensation
34benefits received by a member for reimbursement of vacation
35time used, sick time used, or for any unpaid time off from work
-1-1shall not be offset against and not considered payable in lieu
2of any retirement allowance payable pursuant to this section on
3account of the same disability.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7Current law provides that an original proceeding regarding
8a contest of liability for workers’ compensation benefits can
9be maintained if commenced within two years from the date of
10the occurrence of the injury for which benefits are claimed.
11This bill provides that such a proceeding can be maintained if
12commenced within that period or within one year from the date a
13denial of liability is received by the employee, whichever is
14later.
15The bill provides that any workers’ compensation benefits
16received by a member for past medical expenses or future
17medical expenses, or any workers’ compensation benefits
18received by a member for reimbursement of vacation time used,
19sick time used, or for any unpaid time off from work, shall not
20be offset against and not considered payable in lieu of any
21retirement allowance payable under the Iowa public employees’
22retirement system on account of the same disability.
-2-je/rn
2workers’ compensation benefits must be commenced and offsets
3against retirement allowances for workers’ compensation
4benefits in certain circumstances under the Iowa public
5employees’ retirement system.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.26, subsection 1, Code 2021, is
2amended to read as follows:
31. An original proceeding for benefits under this chapter
4or chapter 85A, 85B, or 86, shall not be maintained in any
5contested case unless the proceeding is commenced within two
6years from the date of the occurrence of the injury for which
7benefits are claimed or one year from the date a denial of
8liability is received by the employee, whichever is later,
9 or, if weekly compensation benefits are paid under section
1086.13, within three years from the date of the last payment
11of weekly compensation benefits. For the purposes of this
12section, “date of the occurrence of the injury” means the date
13that the employee knew or should have known that the injury was
14work-related.
15 Sec. 2. Section 97B.50A, subsection 5, Code 2021, is amended
16to read as follows:
175. Offset to allowance.
18a. Notwithstanding any provisions to the contrary in state
19law, or any applicable contract or policy, any amounts which
20may be paid or payable by the employer under any workers’
21compensation, unemployment compensation, employer-paid
22disability plan, program, or policy, or other law to a member,
23and any disability payments the member receives pursuant to
24the federal Social Security Act, 42 U.S.C. §423 et seq.,
25shall be offset against and payable in lieu of any retirement
26allowance payable pursuant to this section on account of the
27same disability.
28b. Notwithstanding paragraph “a”, any workers’ compensation
29benefits received by a member for past medical expenses or
30future medical expenses shall not be offset against and not
31considered payable in lieu of any retirement allowance payable
32pursuant to this section on account of the same disability.
33c. Notwithstanding paragraph “a”, any workers’ compensation
34benefits received by a member for reimbursement of vacation
35time used, sick time used, or for any unpaid time off from work
-1-1shall not be offset against and not considered payable in lieu
2of any retirement allowance payable pursuant to this section on
3account of the same disability.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7Current law provides that an original proceeding regarding
8a contest of liability for workers’ compensation benefits can
9be maintained if commenced within two years from the date of
10the occurrence of the injury for which benefits are claimed.
11This bill provides that such a proceeding can be maintained if
12commenced within that period or within one year from the date a
13denial of liability is received by the employee, whichever is
14later.
15The bill provides that any workers’ compensation benefits
16received by a member for past medical expenses or future
17medical expenses, or any workers’ compensation benefits
18received by a member for reimbursement of vacation time used,
19sick time used, or for any unpaid time off from work, shall not
20be offset against and not considered payable in lieu of any
21retirement allowance payable under the Iowa public employees’
22retirement system on account of the same disability.
-2-je/rn