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House File 687 - ReprintedA 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. However, if a person’s membership in the system
9first commenced on or after July 1, 1992, the member or
10ordinary disability beneficiary shall not be eligible for
11benefits with respect to a disability which would not exist,
12but for a medical condition that was known to exist on the
13date that membership commenced. A medical condition shall be
14deemed to have been known to exist on the date that membership
15commenced if the medical condition is reflected in any record
16or document completed or obtained in accordance with the
17system’s medical protocols pursuant to section 400.8, or in any
18other record or document obtained pursuant to an application
19for disability benefits from the system, if such record or
20document existed prior to the date membership commenced. A
21member who is denied a benefit under this subsection, by
22reason of a finding by the medical board that the member is
23not mentally or physically incapacitated for the further
24performance of duty, shall be entitled to be restored to active
25service in the same position held immediately prior to the
26application for disability benefits.
27b. If a member in service or the chief of the police or
28fire departments becomes incapacitated for duty as a natural
29or proximate result of an injury or disease incurred in or
30aggravated by the actual performance of duty at some definite
31time or place or arising out of or in the course of the
32employment, or while acting, pursuant to order, outside the
33city by which the member is regularly employed, the member,
34upon being found to be temporarily incapacitated following a
35medical examination as directed by the city, is entitled to
-3-1receive the member’s full pay and allowances from the city’s
2general fund or trust and agency fund until reexamined as
3directed by the city and found to be fully recovered or until
4the city determines that the member is likely to be permanently
5disabled. If the temporary incapacity of a member continues
6more than sixty days, or if the city expects the incapacity
7to continue more than sixty days, the city shall notify the
8system of the temporary incapacity. Upon notification by a
9city, the system may refer the matter to the medical board for
10review and consultation with the member’s treating physician
11during the temporary incapacity. Except as provided by this
12paragraph, the board of trustees of the statewide system has no
13jurisdiction over these matters until the city determines that
14the disability is likely to be permanent.
15 Sec. 5. Section 411.6, subsection 5, Code 2023, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. 0d. To establish that a mental incapacity
18occurred as the natural and proximate result of an injury or
19disease incurred in or aggravated by the actual performance of
20duty or arising out of and in the course of the employment, or
21while acting pursuant to order outside of the city by which the
22member is regularly employed, the member must demonstrate that
23the mental incapacity is traceable to a readily identifiable
24work event constituting a manifest happening of a sudden
25traumatic nature from an unexpected cause or unusual strain in
26the workplace. Whether an incident is traumatic, unexpected,
27or unusual is determined by comparing the incident, and not
28the effect on the member, to the experiences of other police
29officers or fire fighters in Iowa. A member must be able to
30trace their mental injury to a specific event or events in the
31workplace to be eligible for accidental disability benefits.
32 Sec. 6. Section 411.6, subsection 6, Code 2023, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. d. (1) Upon a determination on or after
35July 1, 2023, that an ordinary disability beneficiary is
-4-1entitled to a retirement for accidental disability, the
2beneficiary shall receive an accidental disability retirement
3allowance which shall consist of a pension in an amount that is
4equal to the greater of sixty percent of the member’s average
5final compensation or the retirement allowance that the member
6would receive under subsection 2 if the member had attained
7fifty-five years of age, or an amount equal to the ordinary
8disability retirement allowance previously received by the
9beneficiary, whichever is greater.
10(2) An accidental disability allowance under this paragraph
11shall commence effective the first day of the first month
12following the determination that the ordinary disability
13beneficiary is entitled to a retirement for accidental
14disability.
15 Sec. 7. Section 411.6, subsection 9, paragraph a,
16subparagraph (1), Code 2023, is amended to read as follows:
17(1) If, upon the receipt of evidence and proof from the
18chief of the police or fire department that the death of a
19member in service was the natural and proximate result of an
20injury or disease incurred in or aggravated by the actual
21performance of duty at some definite time and place or arising
22out of and in the course of the employment, or while acting
23pursuant to order, outside of the city by which the member is
24regularly employed, the system decides that death was so caused
25in the performance of duty, there shall be paid, in lieu of the
26ordinary death benefit provided in subsection 8, an accidental
27death benefit as set forth in this subsection.
28 Sec. 8. Section 411.6, subsection 16, Code 2023, is amended
29by adding the following new paragraph:
30 NEW PARAGRAPH. d. A person otherwise eligible to receive
31an ordinary or accidental disability retirement benefit under
32this chapter shall not be eligible to receive such a benefit
33if the person is subsequently removed, discharged, demoted,
34or suspended pursuant to section 400.18 or 400.19, or other
35comparable process. Upon determination of ineligibility
-5-1pursuant to this paragraph, the person’s entitlement to a
2disability benefit under this chapter shall terminate and any
3disability retirement allowance received by such a person must
4be returned to the system together with interest earned on the
5disability retirement allowance calculated at a rate determined
6by the system. However, the determination of ineligibility
7as provided under this paragraph may be waived for good cause
8as determined by the board. The burden of establishing good
9cause is on the person who received the disability retirement
10allowance.
11 Sec. 9. Section 411.8, subsection 1, paragraph f,
12subparagraph (8), Code 2023, is amended to read as follows:
13(8) Beginning July 1, 1996, and each fiscal year thereafter,
14an amount equal to the member’s contribution rate times each
15member’s compensation shall be paid to the fund from the
16earnable compensation of the member. For the purposes of this
17subparagraph, the member’s contribution rate shall be nine and
18thirty-five hundredths percent or, beginning July 1, until June
1930, 2009, nine and four-tenths percent until June 30, 2023,
20and, beginning July 1, 2023, nine and sixty-four hundredths
21percent. However, the system shall increase the member’s
22contribution rate as necessary to cover any increase in cost
23to the system resulting from statutory changes which are
24enacted by any session of the general assembly meeting after
25January 1, 1991, if the increase cannot be absorbed within
26the contribution rates otherwise established pursuant to this
27paragraph, but subject to a maximum employee contribution rate
28of eleven and three-tenths percent or, beginning July 1, 2009,
29eleven and thirty-five hundredths percent. The contribution
30rate increases specified in 1994 Iowa Acts, ch.1183, pursuant
31to this chapter and chapter 97A shall be the only member
32contribution rate increases for these systems resulting from
33the statutory changes enacted in 1994 Iowa Acts, ch.1183, and
34shall apply only to the fiscal periods specified in 1994 Iowa
35Acts, ch.1183. After the employee contribution reaches eleven
-6-1and three-tenths percent or eleven and thirty-five hundredths
2percent, as applicable, sixty percent of the additional cost
3of such statutory changes shall be paid by employers under
4paragraph “c” and forty percent of the additional cost shall be
5paid by employees under this paragraph.
6 Sec. 10. Section 411.15, Code 2023, is amended to read as
7follows:
8411.15 Hospitalization and medical attention.
91. a. Cities shall provide hospital, nursing, and medical
10attention for the members of the police and fire departments
11of the cities, when injured while in the performance of their
12duties as members of such department, and or for injuries and
13diseases arising out of and in the course of the employment.
14b. Citiesshall continue to provide hospital, nursing, and
15medical attention for injuries or diseases incurred while in
16the performance of their duties or arising out of and in the
17course of the employment for members or beneficiaries receiving
18a retirement allowance under section 411.6, subsection 6.
19c. Disease under this subsection shall mean heart disease
20or any disease of the lungs or respiratory tract and shall be
21presumed to have been contracted while on active duty as a
22result of strain or the inhalation of noxious fumes, poison, or
23gases. Disease under this subsection shall also mean cancer
24or infectious disease, both as defined in section 411.1, and
25shall be presumed to have been contracted while on active duty
26as a result of that duty.
272. a. Cities may fund the cost of the hospital, nursing,
28and medical attention required by this section through the
29purchase of insurance, by self-insuring the obligation, or
30through payment of moneys into a local government risk pool
31established for the purpose of covering the costs associated
32with the requirements of this section. However, the cost of
33the hospital, nursing, and medical attention required by this
34section shall not be funded through an employee-paid health
35insurance policy.
-7- 1b. A member or beneficiary shall not be required to pay the
2cost of the hospital, nursing, and medical attention required
3by this section, including but not limited to any costs
4or premiums associated with any insurance policy providing
5coverage for the hospital, nursing, and medical attention.
6c. The cost of the hospital, nursing, and medical attention
7required by this section shall be paid from moneys held in a
8trust and agency fund established pursuant to section 384.6,
9or out of the appropriation for the department to which the
10injured person belongs or belonged; provided that any amounts
11received by the injured person from any other source for such
12specific purposes, shall be deducted from the amount paid by
13the city under the provisions of this section.
143. a. For purposes of this subsection, “date of the
15occurrence of the injury or disease” means the date that the
16member or beneficiary knew or should have known that the injury
17or disease was work-related.
18b. To be provided the cost of the hospital, nursing, and
19medical attention required by this section, the city or the
20city’s representative shall have actual knowledge of the
21occurrence of an injury or disease or be provided notice of the
22occurrence of an injury or disease on behalf of a member or
23beneficiary within ninety days from the date of the occurrence
24of the injury or disease.
25c. (1) Except as provided in subparagraph (2), an action
26to require the city to provide the cost of hospital, nursing,
27and medical attention required by this section shall not be
28maintained unless the action is commenced before the later of
29any of the following:
30(a) Two years from the date of the occurrence of the injury
31or disease.
32(b) Two years from the date the city denies a claim to
33provide hospital, nursing, and medical attention required by
34this section.
35(2) A city shall not be responsible for any claim or action
-8-1for a newly discovered work-related injury arising under this
2chapter which is filed after three years from the last date of
3employment of the member.
ec/rn/md
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. However, if a person’s membership in the system
9first commenced on or after July 1, 1992, the member or
10ordinary disability beneficiary shall not be eligible for
11benefits with respect to a disability which would not exist,
12but for a medical condition that was known to exist on the
13date that membership commenced. A medical condition shall be
14deemed to have been known to exist on the date that membership
15commenced if the medical condition is reflected in any record
16or document completed or obtained in accordance with the
17system’s medical protocols pursuant to section 400.8, or in any
18other record or document obtained pursuant to an application
19for disability benefits from the system, if such record or
20document existed prior to the date membership commenced. A
21member who is denied a benefit under this subsection, by
22reason of a finding by the medical board that the member is
23not mentally or physically incapacitated for the further
24performance of duty, shall be entitled to be restored to active
25service in the same position held immediately prior to the
26application for disability benefits.
27b. If a member in service or the chief of the police or
28fire departments becomes incapacitated for duty as a natural
29or proximate result of an injury or disease incurred in or
30aggravated by the actual performance of duty at some definite
31time or place or arising out of or in the course of the
32employment, or while acting, pursuant to order, outside the
33city by which the member is regularly employed, the member,
34upon being found to be temporarily incapacitated following a
35medical examination as directed by the city, is entitled to
-3-1receive the member’s full pay and allowances from the city’s
2general fund or trust and agency fund until reexamined as
3directed by the city and found to be fully recovered or until
4the city determines that the member is likely to be permanently
5disabled. If the temporary incapacity of a member continues
6more than sixty days, or if the city expects the incapacity
7to continue more than sixty days, the city shall notify the
8system of the temporary incapacity. Upon notification by a
9city, the system may refer the matter to the medical board for
10review and consultation with the member’s treating physician
11during the temporary incapacity. Except as provided by this
12paragraph, the board of trustees of the statewide system has no
13jurisdiction over these matters until the city determines that
14the disability is likely to be permanent.
15 Sec. 5. Section 411.6, subsection 5, Code 2023, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. 0d. To establish that a mental incapacity
18occurred as the natural and proximate result of an injury or
19disease incurred in or aggravated by the actual performance of
20duty or arising out of and in the course of the employment, or
21while acting pursuant to order outside of the city by which the
22member is regularly employed, the member must demonstrate that
23the mental incapacity is traceable to a readily identifiable
24work event constituting a manifest happening of a sudden
25traumatic nature from an unexpected cause or unusual strain in
26the workplace. Whether an incident is traumatic, unexpected,
27or unusual is determined by comparing the incident, and not
28the effect on the member, to the experiences of other police
29officers or fire fighters in Iowa. A member must be able to
30trace their mental injury to a specific event or events in the
31workplace to be eligible for accidental disability benefits.
32 Sec. 6. Section 411.6, subsection 6, Code 2023, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. d. (1) Upon a determination on or after
35July 1, 2023, that an ordinary disability beneficiary is
-4-1entitled to a retirement for accidental disability, the
2beneficiary shall receive an accidental disability retirement
3allowance which shall consist of a pension in an amount that is
4equal to the greater of sixty percent of the member’s average
5final compensation or the retirement allowance that the member
6would receive under subsection 2 if the member had attained
7fifty-five years of age, or an amount equal to the ordinary
8disability retirement allowance previously received by the
9beneficiary, whichever is greater.
10(2) An accidental disability allowance under this paragraph
11shall commence effective the first day of the first month
12following the determination that the ordinary disability
13beneficiary is entitled to a retirement for accidental
14disability.
15 Sec. 7. Section 411.6, subsection 9, paragraph a,
16subparagraph (1), Code 2023, is amended to read as follows:
17(1) If, upon the receipt of evidence and proof from the
18chief of the police or fire department that the death of a
19member in service was the natural and proximate result of an
20injury or disease incurred in or aggravated by the actual
21performance of duty at some definite time and place or arising
22out of and in the course of the employment, or while acting
23pursuant to order, outside of the city by which the member is
24regularly employed, the system decides that death was so caused
25in the performance of duty, there shall be paid, in lieu of the
26ordinary death benefit provided in subsection 8, an accidental
27death benefit as set forth in this subsection.
28 Sec. 8. Section 411.6, subsection 16, Code 2023, is amended
29by adding the following new paragraph:
30 NEW PARAGRAPH. d. A person otherwise eligible to receive
31an ordinary or accidental disability retirement benefit under
32this chapter shall not be eligible to receive such a benefit
33if the person is subsequently removed, discharged, demoted,
34or suspended pursuant to section 400.18 or 400.19, or other
35comparable process. Upon determination of ineligibility
-5-1pursuant to this paragraph, the person’s entitlement to a
2disability benefit under this chapter shall terminate and any
3disability retirement allowance received by such a person must
4be returned to the system together with interest earned on the
5disability retirement allowance calculated at a rate determined
6by the system. However, the determination of ineligibility
7as provided under this paragraph may be waived for good cause
8as determined by the board. The burden of establishing good
9cause is on the person who received the disability retirement
10allowance.
11 Sec. 9. Section 411.8, subsection 1, paragraph f,
12subparagraph (8), Code 2023, is amended to read as follows:
13(8) Beginning July 1, 1996, and each fiscal year thereafter,
14an amount equal to the member’s contribution rate times each
15member’s compensation shall be paid to the fund from the
16earnable compensation of the member. For the purposes of this
17subparagraph, the member’s contribution rate shall be nine and
18thirty-five hundredths percent or, beginning July 1, until June
1930, 2009, nine and four-tenths percent until June 30, 2023,
20and, beginning July 1, 2023, nine and sixty-four hundredths
21percent. However, the system shall increase the member’s
22contribution rate as necessary to cover any increase in cost
23to the system resulting from statutory changes which are
24enacted by any session of the general assembly meeting after
25January 1, 1991, if the increase cannot be absorbed within
26the contribution rates otherwise established pursuant to this
27paragraph, but subject to a maximum employee contribution rate
28of eleven and three-tenths percent or, beginning July 1, 2009,
29eleven and thirty-five hundredths percent. The contribution
30rate increases specified in 1994 Iowa Acts, ch.1183, pursuant
31to this chapter and chapter 97A shall be the only member
32contribution rate increases for these systems resulting from
33the statutory changes enacted in 1994 Iowa Acts, ch.1183, and
34shall apply only to the fiscal periods specified in 1994 Iowa
35Acts, ch.1183. After the employee contribution reaches eleven
-6-1and three-tenths percent or eleven and thirty-five hundredths
2percent, as applicable, sixty percent of the additional cost
3of such statutory changes shall be paid by employers under
4paragraph “c” and forty percent of the additional cost shall be
5paid by employees under this paragraph.
6 Sec. 10. Section 411.15, Code 2023, is amended to read as
7follows:
8411.15 Hospitalization and medical attention.
91. a. Cities shall provide hospital, nursing, and medical
10attention for the members of the police and fire departments
11of the cities, when injured while in the performance of their
12duties as members of such department, and or for injuries and
13diseases arising out of and in the course of the employment.
14b. Citiesshall continue to provide hospital, nursing, and
15medical attention for injuries or diseases incurred while in
16the performance of their duties or arising out of and in the
17course of the employment for members or beneficiaries receiving
18a retirement allowance under section 411.6, subsection 6.
19c. Disease under this subsection shall mean heart disease
20or any disease of the lungs or respiratory tract and shall be
21presumed to have been contracted while on active duty as a
22result of strain or the inhalation of noxious fumes, poison, or
23gases. Disease under this subsection shall also mean cancer
24or infectious disease, both as defined in section 411.1, and
25shall be presumed to have been contracted while on active duty
26as a result of that duty.
272. a. Cities may fund the cost of the hospital, nursing,
28and medical attention required by this section through the
29purchase of insurance, by self-insuring the obligation, or
30through payment of moneys into a local government risk pool
31established for the purpose of covering the costs associated
32with the requirements of this section. However, the cost of
33the hospital, nursing, and medical attention required by this
34section shall not be funded through an employee-paid health
35insurance policy.
-7- 1b. A member or beneficiary shall not be required to pay the
2cost of the hospital, nursing, and medical attention required
3by this section, including but not limited to any costs
4or premiums associated with any insurance policy providing
5coverage for the hospital, nursing, and medical attention.
6c. The cost of the hospital, nursing, and medical attention
7required by this section shall be paid from moneys held in a
8trust and agency fund established pursuant to section 384.6,
9or out of the appropriation for the department to which the
10injured person belongs or belonged; provided that any amounts
11received by the injured person from any other source for such
12specific purposes, shall be deducted from the amount paid by
13the city under the provisions of this section.
143. a. For purposes of this subsection, “date of the
15occurrence of the injury or disease” means the date that the
16member or beneficiary knew or should have known that the injury
17or disease was work-related.
18b. To be provided the cost of the hospital, nursing, and
19medical attention required by this section, the city or the
20city’s representative shall have actual knowledge of the
21occurrence of an injury or disease or be provided notice of the
22occurrence of an injury or disease on behalf of a member or
23beneficiary within ninety days from the date of the occurrence
24of the injury or disease.
25c. (1) Except as provided in subparagraph (2), an action
26to require the city to provide the cost of hospital, nursing,
27and medical attention required by this section shall not be
28maintained unless the action is commenced before the later of
29any of the following:
30(a) Two years from the date of the occurrence of the injury
31or disease.
32(b) Two years from the date the city denies a claim to
33provide hospital, nursing, and medical attention required by
34this section.
35(2) A city shall not be responsible for any claim or action
-8-1for a newly discovered work-related injury arising under this
2chapter which is filed after three years from the last date of
3employment of the member.
ec/rn/md