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House File 687 - IntroducedA Bill ForAn Act 1relating to police officers and fire fighters concerning
2civil service entrance evaluations and benefits for members
3of the municipal fire and police retirement system.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 400.8, subsection 1, Code 2023, is
2amended to read as follows:
31. The commission, when necessary under the rules,
4including minimum and maximum age limits, which shall be
5prescribed and published in advance by the commission and
6posted in the city hall, shall hold examinations for the
7purpose of determining the qualifications of applicants
8for positions under civil service, other than promotions,
9which examinations shall be practical in character and shall
10relate to matters which will fairly test the mental and
11physical ability of the applicant to discharge the duties of
12the position to which the applicant seeks appointment. The
13physical examination and mental health evaluation of applicants
14for appointment to the positions of police officer, police
15matron, or fire fighter shall be held in accordance with
16medical protocols established by the board of trustees of the
17fire and police retirement system established by section 411.5
18and shall be conducted in accordance with the directives of
19the board of trustees. However, the prohibitions of section
20216.6, subsection 1, paragraph “d”, regarding tests for the
21presence of the antibody to the human immunodeficiency virus
22shall not apply to such examinations. The board of trustees
23may change the medical protocols at any time the board so
24determines. In the event of a conflict between the medical
25protocols established under this section and the minimum
26entrance requirements of the Iowa law enforcement academy under
27section 80B.11, the medical protocols established under this
28section shall control. The physical examination and mental
29health evaluation of an applicant for the position of police
30officer, police matron, or fire fighter shall be conducted
31after a conditional offer of employment has been made to the
32applicant. An applicant shall not be discriminated against
33on the basis of height, weight, sex, or race in determining
34physical or mental ability of the applicant. Reasonable rules
35relating to strength, agility, and general health of applicants
-1-1shall be prescribed. The costs of the physical examination and
2the mental health evaluation required under this subsection
3shall be paid from the trust and agency fund of the city.
4 Sec. 2. Section 411.1, subsection 14, Code 2023, is amended
5by striking the subsection and inserting in lieu thereof the
6following:
714. “Member in good standing” means any member in service
8who has not been terminated by the employing city of the
9member pursuant to section 400.18 or 400.19. Termination
10procedures initiated by the chief of police or chief of the
11fire department pursuant to section 400.19 shall not become
12final or adversely impact a member’s status as a member in
13good standing until all appeals provided by an applicable
14collective bargaining agreement or by law have been exhausted.
15Disciplinary action other than discharge shall not adversely
16affect a member’s status as a member in good standing.
17 Sec. 3. Section 411.1, Code 2023, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 15A. “Ordinary disability beneficiary”
20means a member retired on an ordinary disability retirement
21benefit pursuant to section 411.6, subsection 3, for three
22years or less.
23 Sec. 4. Section 411.6, subsection 5, paragraphs a and b,
24Code 2023, are amended to read as follows:
25a. Upon application to the system, of a member in good
26standing, of an ordinary disability beneficiary, or of the
27chief of the police or fire departments, respectively, any
28member in good standing or ordinary disability beneficiary
29 who has become totally and permanently incapacitated for duty
30as the natural and proximate result of an injury or disease
31incurred in or aggravated by the actual performance of duty
32at some definite time and place or arising out of and in the
33course of the employment, or while acting pursuant to order,
34outside of the city by which the member is regularly employed,
35shall be retired by the system, or may have a retirement
-2-1for an ordinary disability converted to a retirement for an
2accidental disability, if the medical board certifies that
3the member or ordinary disability beneficiary is mentally or
4physically incapacitated for further performance of duty,
5that the incapacity is likely to be permanent, and that the
6member should be retired or should have a retirement for an
7ordinary disability converted to a retirement for an accidental
8disability. A mental injury based on a manifest happening of
9a sudden traumatic nature from an unexpected cause or unusual
10strain may be established irrespective of similar effects
11on other members.However, if a person’s membership in the
12system first commenced on or after July 1, 1992, the member
13or ordinary disability beneficiary shall not be eligible for
14benefits with respect to a disability which would not exist,
15but for a medical condition that was known to exist on the
16date that membership commenced. A medical condition shall be
17deemed to have been known to exist on the date that membership
18commenced if the medical condition is reflected in any record
19or document completed or obtained in accordance with the
20system’s medical protocols pursuant to section 400.8, or in any
21other record or document obtained pursuant to an application
22for disability benefits from the system, if such record or
23document existed prior to the date membership commenced. A
24member who is denied a benefit under this subsection, by
25reason of a finding by the medical board that the member is
26not mentally or physically incapacitated for the further
27performance of duty, shall be entitled to be restored to active
28service in the same position held immediately prior to the
29application for disability benefits.
30b. If a member in service or the chief of the police or
31fire departments becomes incapacitated for duty as a natural
32or proximate result of an injury or disease incurred in or
33aggravated by the actual performance of duty at some definite
34time or place or arising out of or in the course of the
35employment, or while acting, pursuant to order, outside the
-3-1city by which the member is regularly employed, the member,
2upon being found to be temporarily incapacitated following a
3medical examination as directed by the city, is entitled to
4receive the member’s full pay and allowances from the city’s
5general fund or trust and agency fund until reexamined as
6directed by the city and found to be fully recovered or until
7the city determines that the member is likely to be permanently
8disabled. If the temporary incapacity of a member continues
9more than sixty days, or if the city expects the incapacity
10to continue more than sixty days, the city shall notify the
11system of the temporary incapacity. Upon notification by a
12city, the system may refer the matter to the medical board for
13review and consultation with the member’s treating physician
14during the temporary incapacity. Except as provided by this
15paragraph, the board of trustees of the statewide system has no
16jurisdiction over these matters until the city determines that
17the disability is likely to be permanent.
18 Sec. 5. Section 411.6, subsection 5, paragraph d, Code 2023,
19is amended by striking the paragraph.
20 Sec. 6. Section 411.6, subsection 6, Code 2023, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. d. (1) Upon a determination on or after
23July 1, 2023, that an ordinary disability beneficiary is
24entitled to a retirement for accidental disability, the
25beneficiary shall receive an accidental disability retirement
26allowance which shall consist of a pension in an amount that is
27equal to the greater of sixty percent of the member’s average
28final compensation or the retirement allowance that the member
29would receive under subsection 2 if the member had attained
30fifty-five years of age, or an amount equal to the ordinary
31disability retirement allowance previously received by the
32beneficiary, whichever is greater.
33(2) An accidental disability allowance under this paragraph
34shall commence effective the first day of the first month
35following the determination that the ordinary disability
-4-1beneficiary is entitled to a retirement for accidental
2disability.
3 Sec. 7. Section 411.6, subsection 9, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
5(1) If, upon the receipt of evidence and proof from the
6chief of the police or fire department that the death of a
7member in service was the natural and proximate result of an
8injury or disease incurred in or aggravated by the actual
9performance of duty at some definite time and place or arising
10out of and in the course of the employment, or while acting
11pursuant to order, outside of the city by which the member is
12regularly employed, the system decides that death was so caused
13in the performance of duty, there shall be paid, in lieu of the
14ordinary death benefit provided in subsection 8, an accidental
15death benefit as set forth in this subsection.
16 Sec. 8. Section 411.6, subsection 16, Code 2023, is amended
17by adding the following new paragraph:
18 NEW PARAGRAPH. d. A person otherwise eligible to receive an
19ordinary or accidental disability retirement benefit under this
20chapter shall not be eligible to receive such a benefit if the
21person is subsequently determined to be ineligible pursuant to
22section 400.18 or 400.19, or other comparable process. Upon
23determination of ineligibility pursuant to this paragraph,
24the person’s entitlement to a disability benefit under this
25chapter shall terminate and any disability retirement allowance
26received by such a person must be returned to the system
27together with interest earned on the disability retirement
28allowance calculated at a rate determined by the system.
29However, the determination of ineligibility as provided under
30this paragraph may be waived for good cause as determined by
31the board. The burden of establishing good cause is on the
32person who received the disability retirement allowance.
33 Sec. 9. Section 411.8, subsection 1, paragraph f,
34subparagraph (8), Code 2023, is amended to read as follows:
35(8) Beginning July 1, 1996, and each fiscal year thereafter,
-5-1an amount equal to the member’s contribution rate times each
2member’s compensation shall be paid to the fund from the
3earnable compensation of the member. For the purposes of this
4subparagraph, the member’s contribution rate shall be nine and
5thirty-five hundredths percent or, beginning July 1, until June
630, 2009, nine and four-tenths percent until June 30, 2023,
7and, beginning July 1, 2023, nine and fifty-five hundredths
8percent. However, the system shall increase the member’s
9contribution rate as necessary to cover any increase in cost
10to the system resulting from statutory changes which are
11enacted by any session of the general assembly meeting after
12January 1, 1991, if the increase cannot be absorbed within
13the contribution rates otherwise established pursuant to this
14paragraph, but subject to a maximum employee contribution rate
15of eleven and three-tenths percent or, beginning July 1, 2009,
16eleven and thirty-five hundredths percent. The contribution
17rate increases specified in 1994 Iowa Acts, ch.1183, pursuant
18to this chapter and chapter 97A shall be the only member
19contribution rate increases for these systems resulting from
20the statutory changes enacted in 1994 Iowa Acts, ch.1183, and
21shall apply only to the fiscal periods specified in 1994 Iowa
22Acts, ch.1183. After the employee contribution reaches eleven
23and three-tenths percent or eleven and thirty-five hundredths
24percent, as applicable, sixty percent of the additional cost
25of such statutory changes shall be paid by employers under
26paragraph “c” and forty percent of the additional cost shall be
27paid by employees under this paragraph.
28 Sec. 10. Section 411.15, Code 2023, is amended to read as
29follows:
30411.15 Hospitalization and medical attention.
311. a. Cities shall provide hospital, nursing, and medical
32attention for the members of the police and fire departments
33of the cities, when injured while in the performance of their
34duties as members of such department, and or for injuries and
35diseases arising out of and in the course of the employment.
-6- 1b. Citiesshall continue to provide hospital, nursing, and
2medical attention for injuries or diseases incurred while in
3the performance of their duties or arising out of and in the
4course of the employment for members or beneficiaries receiving
5a retirement allowance under section 411.6, subsection 6.
6c. Disease under this subsection shall mean heart disease
7or any disease of the lungs or respiratory tract and shall be
8presumed to have been contracted while on active duty as a
9result of strain or the inhalation of noxious fumes, poison, or
10gases. Disease under this subsection shall also mean cancer
11or infectious disease, both as defined in section 411.1, and
12shall be presumed to have been contracted while on active duty
13as a result of that duty.
142. a. Cities may fund the cost of the hospital, nursing,
15and medical attention required by this section through the
16purchase of insurance, by self-insuring the obligation, or
17through payment of moneys into a local government risk pool
18established for the purpose of covering the costs associated
19with the requirements of this section. However, the cost of
20the hospital, nursing, and medical attention required by this
21section shall not be funded through an employee-paid health
22insurance policy.
23b. A member or beneficiary shall not be required to pay the
24cost of the hospital, nursing, and medical attention required
25by this section, including but not limited to any costs
26or premiums associated with any insurance policy providing
27coverage for the hospital, nursing, and medical attention.
28c. The cost of the hospital, nursing, and medical attention
29required by this section shall be paid from moneys held in a
30trust and agency fund established pursuant to section 384.6,
31or out of the appropriation for the department to which the
32injured person belongs or belonged; provided that any amounts
33received by the injured person from any other source for such
34specific purposes, shall be deducted from the amount paid by
35the city under the provisions of this section.
-7- 13. a. For purposes of this subsection, “date of the
2occurrence of the injury or disease” means the date that the
3member or beneficiary knew or should have known that the injury
4or disease was work-related.
5b. To be provided the cost of the hospital, nursing, and
6medical attention required by this section, the city or the
7city’s representative shall have actual knowledge of the
8occurrence of an injury or disease or be provided notice of the
9occurrence of an injury or disease on behalf of a member or
10beneficiary within ninety days from the date of the occurrence
11of the injury or disease.
12c. (1) Except as provided in subparagraph (2), an action
13to require the city to provide the cost of hospital, nursing,
14and medical attention required by this section shall not be
15maintained unless the action is commenced before the later of
16any of the following:
17(a) Two years from the date of the occurrence of the injury
18or disease.
19(b) Two years from the date the city denies a claim to
20provide hospital, nursing, and medical attention required by
21this section.
22(2) An action to require the city to provide the cost of
23the hospital, nursing, and medical attention required by this
24section for a disease as defined in section 411.6, subsection
255, shall not be maintained unless the action is commenced
26within three years from the last date of employment of the
27member.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to police officers and fire fighters and
32concerns civil service entrance evaluations and benefits to
33members under the municipal fire and police retirement system
34established under Code chapter 411.
35Code section 400.8, concerning entrance examinations
-8-1under civil service for police officers and fire fighters, is
2amended to require a mental health evaluation as part of the
3examination.
4Code section 411.1, concerning definitions, is amended. The
5bill defines an “ordinary disability beneficiary” as a member
6retired on an ordinary disability retirement benefit for three
7years or less. The bill also amends the definition of “member
8in good standing” to mean any member in service who has not
9been terminated by the employing city of the member.
10Code section 411.6(5), concerning accidental disability
11benefits, is amended to strike the requirement that a member be
12a member in good standing to apply for accidental disability
13benefits and allow an ordinary disability beneficiary to
14make application to the retirement system for an accidental
15disability retirement benefit. The subsection is further
16amended to provide that a person is entitled to an accidental
17disability retirement if the person has become totally and
18permanently incapacitated as a result of injury and disease
19arising out of and in the course of the employment and by the
20actual performance of duty without regard to whether that
21actual performance of duty was at some definite time and place.
22The subsection is also amended to provide that a mental injury
23based on a manifest happening of a sudden traumatic nature
24from an unexpected cause or unusual strain may be established
25irrespective of similar effects on other members.
26Code section 411.6(6), providing for a retirement allowance
27upon retirement for accidental disability, is amended to
28provide that an ordinary disability beneficiary who is
29determined to be entitled to a retirement for accidental
30disability on or after July 1, 2023, shall receive a retirement
31allowance that shall consist of the greater of an amount as
32determined for members receiving an accidental disability
33retirement or an amount equal to the disability retirement
34allowance previously received by the beneficiary.
35Code section 411.6(9), concerning accidental death benefits,
-9-1is amended to provide that an accidental death benefit shall
2also be paid if the death was as a result of injury and disease
3arising out of and in the course of the employment or by the
4actual performance of duty.
5Code section 411.6(16), concerning ineligibility for
6disability benefits, is amended to provide that a person
7otherwise eligible to receive a disability retirement shall
8not be eligible if the person is determined to be ineligible
9pursuant to Code section 400.18 or 400.19, or other comparable
10process. The bill provides for the repayment of benefits paid
11prior to the determination of ineligibility.
12Code section 411.8, concerning the method of financing
13the retirement system, is amended by increasing the employee
14contribution rate from 9.4 percent of pay to 9.55 percent of
15pay beginning July 1, 2023.
16Code section 411.15, concerning cities’ requirement to
17provide hospitalization and medical attention for injuries
18or diseases while on duty, is amended to provide that such
19attention shall also be provided for injuries arising out
20of and in the course of employment. The Code section is
21further amended to provide that cities shall continue to
22provide hospitalization and medical attention for injuries or
23diseases while on duty for members or beneficiaries receiving
24any retirement allowance under Code section 411.6 and not
25just an accidental disability retirement allowance under
26Code section 411.6(6). The Code section also provides that
27disease for purposes of providing medical attention under
28this Code section shall mean heart disease, any disease of
29the lungs or respiratory tract, and cancer or infectious
30disease, all of which shall be presumed to have been contracted
31while on active duty. The Code section is further amended
32to provide that a member shall not be required to pay the
33cost of hospital, nursing, and medical attention required,
34including payment of any costs or premiums associated with any
35insurance policy providing coverage. The bill further provides
-10-1that to be provided the cost of the hospital, nursing, and
2medical attention, the city shall have actual knowledge of the
3occurrence of an injury or disease or be provided notice of
4the occurrence of an injury or disease on behalf of a member
5or beneficiary within 90 days from the date of the occurrence
6of the injury or disease. The bill provides that an action to
7require the city to provide the cost of the medical attention
8shall not be maintained unless the action is commenced before
9the later of two years from the date of the occurrence of the
10injury or disease or two years from the date the city denies
11a claim to provide medical attention. However, if the action
12is related to costs associated with a disease as specified in
13Code section 411.6(5), the bill provides that the cost of the
14medical attention shall not be maintained unless the action is
15commenced within three years from the last date of employment
16of the member.
-11-ec/rn
2civil service entrance evaluations and benefits for members
3of the municipal fire and police retirement system.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 400.8, subsection 1, Code 2023, is
2amended to read as follows:
31. The commission, when necessary under the rules,
4including minimum and maximum age limits, which shall be
5prescribed and published in advance by the commission and
6posted in the city hall, shall hold examinations for the
7purpose of determining the qualifications of applicants
8for positions under civil service, other than promotions,
9which examinations shall be practical in character and shall
10relate to matters which will fairly test the mental and
11physical ability of the applicant to discharge the duties of
12the position to which the applicant seeks appointment. The
13physical examination and mental health evaluation of applicants
14for appointment to the positions of police officer, police
15matron, or fire fighter shall be held in accordance with
16medical protocols established by the board of trustees of the
17fire and police retirement system established by section 411.5
18and shall be conducted in accordance with the directives of
19the board of trustees. However, the prohibitions of section
20216.6, subsection 1, paragraph “d”, regarding tests for the
21presence of the antibody to the human immunodeficiency virus
22shall not apply to such examinations. The board of trustees
23may change the medical protocols at any time the board so
24determines. In the event of a conflict between the medical
25protocols established under this section and the minimum
26entrance requirements of the Iowa law enforcement academy under
27section 80B.11, the medical protocols established under this
28section shall control. The physical examination and mental
29health evaluation of an applicant for the position of police
30officer, police matron, or fire fighter shall be conducted
31after a conditional offer of employment has been made to the
32applicant. An applicant shall not be discriminated against
33on the basis of height, weight, sex, or race in determining
34physical or mental ability of the applicant. Reasonable rules
35relating to strength, agility, and general health of applicants
-1-1shall be prescribed. The costs of the physical examination and
2the mental health evaluation required under this subsection
3shall be paid from the trust and agency fund of the city.
4 Sec. 2. Section 411.1, subsection 14, Code 2023, is amended
5by striking the subsection and inserting in lieu thereof the
6following:
714. “Member in good standing” means any member in service
8who has not been terminated by the employing city of the
9member pursuant to section 400.18 or 400.19. Termination
10procedures initiated by the chief of police or chief of the
11fire department pursuant to section 400.19 shall not become
12final or adversely impact a member’s status as a member in
13good standing until all appeals provided by an applicable
14collective bargaining agreement or by law have been exhausted.
15Disciplinary action other than discharge shall not adversely
16affect a member’s status as a member in good standing.
17 Sec. 3. Section 411.1, Code 2023, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 15A. “Ordinary disability beneficiary”
20means a member retired on an ordinary disability retirement
21benefit pursuant to section 411.6, subsection 3, for three
22years or less.
23 Sec. 4. Section 411.6, subsection 5, paragraphs a and b,
24Code 2023, are amended to read as follows:
25a. Upon application to the system, of a member in good
26standing, of an ordinary disability beneficiary, or of the
27chief of the police or fire departments, respectively, any
28member in good standing or ordinary disability beneficiary
29 who has become totally and permanently incapacitated for duty
30as the natural and proximate result of an injury or disease
31incurred in or aggravated by the actual performance of duty
32at some definite time and place or arising out of and in the
33course of the employment, or while acting pursuant to order,
34outside of the city by which the member is regularly employed,
35shall be retired by the system, or may have a retirement
-2-1for an ordinary disability converted to a retirement for an
2accidental disability, if the medical board certifies that
3the member or ordinary disability beneficiary is mentally or
4physically incapacitated for further performance of duty,
5that the incapacity is likely to be permanent, and that the
6member should be retired or should have a retirement for an
7ordinary disability converted to a retirement for an accidental
8disability. A mental injury based on a manifest happening of
9a sudden traumatic nature from an unexpected cause or unusual
10strain may be established irrespective of similar effects
11on other members.However, if a person’s membership in the
12system first commenced on or after July 1, 1992, the member
13or ordinary disability beneficiary shall not be eligible for
14benefits with respect to a disability which would not exist,
15but for a medical condition that was known to exist on the
16date that membership commenced. A medical condition shall be
17deemed to have been known to exist on the date that membership
18commenced if the medical condition is reflected in any record
19or document completed or obtained in accordance with the
20system’s medical protocols pursuant to section 400.8, or in any
21other record or document obtained pursuant to an application
22for disability benefits from the system, if such record or
23document existed prior to the date membership commenced. A
24member who is denied a benefit under this subsection, by
25reason of a finding by the medical board that the member is
26not mentally or physically incapacitated for the further
27performance of duty, shall be entitled to be restored to active
28service in the same position held immediately prior to the
29application for disability benefits.
30b. If a member in service or the chief of the police or
31fire departments becomes incapacitated for duty as a natural
32or proximate result of an injury or disease incurred in or
33aggravated by the actual performance of duty at some definite
34time or place or arising out of or in the course of the
35employment, or while acting, pursuant to order, outside the
-3-1city by which the member is regularly employed, the member,
2upon being found to be temporarily incapacitated following a
3medical examination as directed by the city, is entitled to
4receive the member’s full pay and allowances from the city’s
5general fund or trust and agency fund until reexamined as
6directed by the city and found to be fully recovered or until
7the city determines that the member is likely to be permanently
8disabled. If the temporary incapacity of a member continues
9more than sixty days, or if the city expects the incapacity
10to continue more than sixty days, the city shall notify the
11system of the temporary incapacity. Upon notification by a
12city, the system may refer the matter to the medical board for
13review and consultation with the member’s treating physician
14during the temporary incapacity. Except as provided by this
15paragraph, the board of trustees of the statewide system has no
16jurisdiction over these matters until the city determines that
17the disability is likely to be permanent.
18 Sec. 5. Section 411.6, subsection 5, paragraph d, Code 2023,
19is amended by striking the paragraph.
20 Sec. 6. Section 411.6, subsection 6, Code 2023, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. d. (1) Upon a determination on or after
23July 1, 2023, that an ordinary disability beneficiary is
24entitled to a retirement for accidental disability, the
25beneficiary shall receive an accidental disability retirement
26allowance which shall consist of a pension in an amount that is
27equal to the greater of sixty percent of the member’s average
28final compensation or the retirement allowance that the member
29would receive under subsection 2 if the member had attained
30fifty-five years of age, or an amount equal to the ordinary
31disability retirement allowance previously received by the
32beneficiary, whichever is greater.
33(2) An accidental disability allowance under this paragraph
34shall commence effective the first day of the first month
35following the determination that the ordinary disability
-4-1beneficiary is entitled to a retirement for accidental
2disability.
3 Sec. 7. Section 411.6, subsection 9, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
5(1) If, upon the receipt of evidence and proof from the
6chief of the police or fire department that the death of a
7member in service was the natural and proximate result of an
8injury or disease incurred in or aggravated by the actual
9performance of duty at some definite time and place or arising
10out of and in the course of the employment, or while acting
11pursuant to order, outside of the city by which the member is
12regularly employed, the system decides that death was so caused
13in the performance of duty, there shall be paid, in lieu of the
14ordinary death benefit provided in subsection 8, an accidental
15death benefit as set forth in this subsection.
16 Sec. 8. Section 411.6, subsection 16, Code 2023, is amended
17by adding the following new paragraph:
18 NEW PARAGRAPH. d. A person otherwise eligible to receive an
19ordinary or accidental disability retirement benefit under this
20chapter shall not be eligible to receive such a benefit if the
21person is subsequently determined to be ineligible pursuant to
22section 400.18 or 400.19, or other comparable process. Upon
23determination of ineligibility pursuant to this paragraph,
24the person’s entitlement to a disability benefit under this
25chapter shall terminate and any disability retirement allowance
26received by such a person must be returned to the system
27together with interest earned on the disability retirement
28allowance calculated at a rate determined by the system.
29However, the determination of ineligibility as provided under
30this paragraph may be waived for good cause as determined by
31the board. The burden of establishing good cause is on the
32person who received the disability retirement allowance.
33 Sec. 9. Section 411.8, subsection 1, paragraph f,
34subparagraph (8), Code 2023, is amended to read as follows:
35(8) Beginning July 1, 1996, and each fiscal year thereafter,
-5-1an amount equal to the member’s contribution rate times each
2member’s compensation shall be paid to the fund from the
3earnable compensation of the member. For the purposes of this
4subparagraph, the member’s contribution rate shall be nine and
5thirty-five hundredths percent or, beginning July 1, until June
630, 2009, nine and four-tenths percent until June 30, 2023,
7and, beginning July 1, 2023, nine and fifty-five hundredths
8percent. However, the system shall increase the member’s
9contribution rate as necessary to cover any increase in cost
10to the system resulting from statutory changes which are
11enacted by any session of the general assembly meeting after
12January 1, 1991, if the increase cannot be absorbed within
13the contribution rates otherwise established pursuant to this
14paragraph, but subject to a maximum employee contribution rate
15of eleven and three-tenths percent or, beginning July 1, 2009,
16eleven and thirty-five hundredths percent. The contribution
17rate increases specified in 1994 Iowa Acts, ch.1183, pursuant
18to this chapter and chapter 97A shall be the only member
19contribution rate increases for these systems resulting from
20the statutory changes enacted in 1994 Iowa Acts, ch.1183, and
21shall apply only to the fiscal periods specified in 1994 Iowa
22Acts, ch.1183. After the employee contribution reaches eleven
23and three-tenths percent or eleven and thirty-five hundredths
24percent, as applicable, sixty percent of the additional cost
25of such statutory changes shall be paid by employers under
26paragraph “c” and forty percent of the additional cost shall be
27paid by employees under this paragraph.
28 Sec. 10. Section 411.15, Code 2023, is amended to read as
29follows:
30411.15 Hospitalization and medical attention.
311. a. Cities shall provide hospital, nursing, and medical
32attention for the members of the police and fire departments
33of the cities, when injured while in the performance of their
34duties as members of such department, and or for injuries and
35diseases arising out of and in the course of the employment.
-6- 1b. Citiesshall continue to provide hospital, nursing, and
2medical attention for injuries or diseases incurred while in
3the performance of their duties or arising out of and in the
4course of the employment for members or beneficiaries receiving
5a retirement allowance under section 411.6, subsection 6.
6c. Disease under this subsection shall mean heart disease
7or any disease of the lungs or respiratory tract and shall be
8presumed to have been contracted while on active duty as a
9result of strain or the inhalation of noxious fumes, poison, or
10gases. Disease under this subsection shall also mean cancer
11or infectious disease, both as defined in section 411.1, and
12shall be presumed to have been contracted while on active duty
13as a result of that duty.
142. a. Cities may fund the cost of the hospital, nursing,
15and medical attention required by this section through the
16purchase of insurance, by self-insuring the obligation, or
17through payment of moneys into a local government risk pool
18established for the purpose of covering the costs associated
19with the requirements of this section. However, the cost of
20the hospital, nursing, and medical attention required by this
21section shall not be funded through an employee-paid health
22insurance policy.
23b. A member or beneficiary shall not be required to pay the
24cost of the hospital, nursing, and medical attention required
25by this section, including but not limited to any costs
26or premiums associated with any insurance policy providing
27coverage for the hospital, nursing, and medical attention.
28c. The cost of the hospital, nursing, and medical attention
29required by this section shall be paid from moneys held in a
30trust and agency fund established pursuant to section 384.6,
31or out of the appropriation for the department to which the
32injured person belongs or belonged; provided that any amounts
33received by the injured person from any other source for such
34specific purposes, shall be deducted from the amount paid by
35the city under the provisions of this section.
-7- 13. a. For purposes of this subsection, “date of the
2occurrence of the injury or disease” means the date that the
3member or beneficiary knew or should have known that the injury
4or disease was work-related.
5b. To be provided the cost of the hospital, nursing, and
6medical attention required by this section, the city or the
7city’s representative shall have actual knowledge of the
8occurrence of an injury or disease or be provided notice of the
9occurrence of an injury or disease on behalf of a member or
10beneficiary within ninety days from the date of the occurrence
11of the injury or disease.
12c. (1) Except as provided in subparagraph (2), an action
13to require the city to provide the cost of hospital, nursing,
14and medical attention required by this section shall not be
15maintained unless the action is commenced before the later of
16any of the following:
17(a) Two years from the date of the occurrence of the injury
18or disease.
19(b) Two years from the date the city denies a claim to
20provide hospital, nursing, and medical attention required by
21this section.
22(2) An action to require the city to provide the cost of
23the hospital, nursing, and medical attention required by this
24section for a disease as defined in section 411.6, subsection
255, shall not be maintained unless the action is commenced
26within three years from the last date of employment of the
27member.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to police officers and fire fighters and
32concerns civil service entrance evaluations and benefits to
33members under the municipal fire and police retirement system
34established under Code chapter 411.
35Code section 400.8, concerning entrance examinations
-8-1under civil service for police officers and fire fighters, is
2amended to require a mental health evaluation as part of the
3examination.
4Code section 411.1, concerning definitions, is amended. The
5bill defines an “ordinary disability beneficiary” as a member
6retired on an ordinary disability retirement benefit for three
7years or less. The bill also amends the definition of “member
8in good standing” to mean any member in service who has not
9been terminated by the employing city of the member.
10Code section 411.6(5), concerning accidental disability
11benefits, is amended to strike the requirement that a member be
12a member in good standing to apply for accidental disability
13benefits and allow an ordinary disability beneficiary to
14make application to the retirement system for an accidental
15disability retirement benefit. The subsection is further
16amended to provide that a person is entitled to an accidental
17disability retirement if the person has become totally and
18permanently incapacitated as a result of injury and disease
19arising out of and in the course of the employment and by the
20actual performance of duty without regard to whether that
21actual performance of duty was at some definite time and place.
22The subsection is also amended to provide that a mental injury
23based on a manifest happening of a sudden traumatic nature
24from an unexpected cause or unusual strain may be established
25irrespective of similar effects on other members.
26Code section 411.6(6), providing for a retirement allowance
27upon retirement for accidental disability, is amended to
28provide that an ordinary disability beneficiary who is
29determined to be entitled to a retirement for accidental
30disability on or after July 1, 2023, shall receive a retirement
31allowance that shall consist of the greater of an amount as
32determined for members receiving an accidental disability
33retirement or an amount equal to the disability retirement
34allowance previously received by the beneficiary.
35Code section 411.6(9), concerning accidental death benefits,
-9-1is amended to provide that an accidental death benefit shall
2also be paid if the death was as a result of injury and disease
3arising out of and in the course of the employment or by the
4actual performance of duty.
5Code section 411.6(16), concerning ineligibility for
6disability benefits, is amended to provide that a person
7otherwise eligible to receive a disability retirement shall
8not be eligible if the person is determined to be ineligible
9pursuant to Code section 400.18 or 400.19, or other comparable
10process. The bill provides for the repayment of benefits paid
11prior to the determination of ineligibility.
12Code section 411.8, concerning the method of financing
13the retirement system, is amended by increasing the employee
14contribution rate from 9.4 percent of pay to 9.55 percent of
15pay beginning July 1, 2023.
16Code section 411.15, concerning cities’ requirement to
17provide hospitalization and medical attention for injuries
18or diseases while on duty, is amended to provide that such
19attention shall also be provided for injuries arising out
20of and in the course of employment. The Code section is
21further amended to provide that cities shall continue to
22provide hospitalization and medical attention for injuries or
23diseases while on duty for members or beneficiaries receiving
24any retirement allowance under Code section 411.6 and not
25just an accidental disability retirement allowance under
26Code section 411.6(6). The Code section also provides that
27disease for purposes of providing medical attention under
28this Code section shall mean heart disease, any disease of
29the lungs or respiratory tract, and cancer or infectious
30disease, all of which shall be presumed to have been contracted
31while on active duty. The Code section is further amended
32to provide that a member shall not be required to pay the
33cost of hospital, nursing, and medical attention required,
34including payment of any costs or premiums associated with any
35insurance policy providing coverage. The bill further provides
-10-1that to be provided the cost of the hospital, nursing, and
2medical attention, the city shall have actual knowledge of the
3occurrence of an injury or disease or be provided notice of
4the occurrence of an injury or disease on behalf of a member
5or beneficiary within 90 days from the date of the occurrence
6of the injury or disease. The bill provides that an action to
7require the city to provide the cost of the medical attention
8shall not be maintained unless the action is commenced before
9the later of two years from the date of the occurrence of the
10injury or disease or two years from the date the city denies
11a claim to provide medical attention. However, if the action
12is related to costs associated with a disease as specified in
13Code section 411.6(5), the bill provides that the cost of the
14medical attention shall not be maintained unless the action is
15commenced within three years from the last date of employment
16of the member.
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