Bill Text: IA HF797 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to benefits concerning members of the municipal fire and police retirement system. (Formerly HSB 268.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-04-08 - Placed on calendar under unfinished business. S.J. 842. [HF797 Detail]
Download: Iowa-2021-HF797-Amended.html
House
File
797
-
Reprinted
HOUSE
FILE
797
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
268)
(As
Amended
and
Passed
by
the
House
March
11,
2021
)
A
BILL
FOR
An
Act
relating
to
benefits
concerning
members
of
the
municipal
1
fire
and
police
retirement
system.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
797
(2)
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H.F.
797
Section
1.
Section
411.1,
subsection
14,
Code
2021,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
14.
“Member
in
good
standing”
means
any
member
in
service
4
who
has
not
been
terminated
by
the
employing
city
of
the
5
member
pursuant
to
section
400.18
or
400.19.
Termination
6
procedures
initiated
by
the
chief
of
police
or
chief
of
the
7
fire
department
pursuant
to
section
400.19
shall
not
become
8
final
or
adversely
impact
a
member’s
status
as
a
member
in
9
good
standing
until
all
appeals
provided
by
an
applicable
10
collective
bargaining
agreement
or
by
law
have
been
exhausted.
11
Disciplinary
action
other
than
discharge
shall
not
adversely
12
affect
a
member’s
status
as
a
member
in
good
standing.
13
Sec.
2.
Section
411.1,
Code
2021,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
15A.
“Ordinary
disability
beneficiary”
16
means
a
member
retired
on
an
ordinary
disability
retirement
17
benefit
pursuant
to
section
411.6,
subsection
3,
for
five
years
18
or
less.
19
Sec.
3.
Section
411.6,
subsection
5,
paragraphs
a
and
b,
20
Code
2021,
are
amended
to
read
as
follows:
21
a.
Upon
application
to
the
system,
of
a
member
in
good
22
standing
,
of
an
ordinary
disability
beneficiary,
or
of
the
23
chief
of
the
police
or
fire
departments,
respectively,
any
24
member
in
good
standing
or
ordinary
disability
beneficiary
25
who
has
become
totally
and
permanently
incapacitated
for
duty
26
as
the
natural
and
proximate
result
of
an
injury
or
disease
27
incurred
in
or
aggravated
by
the
actual
performance
of
duty
28
at
some
definite
time
and
place
or
arising
out
of
and
in
the
29
course
of
the
employment
,
or
while
acting
pursuant
to
order,
30
outside
of
the
city
by
which
the
member
is
regularly
employed,
31
shall
be
retired
by
the
system
if
the
medical
board
certifies
32
that
the
member
or
ordinary
disability
beneficiary
is
mentally
33
or
physically
incapacitated
for
further
performance
of
duty,
34
that
the
incapacity
is
likely
to
be
permanent,
and
that
the
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member
or
ordinary
disability
beneficiary
should
be
retired.
1
However,
if
a
person’s
membership
in
the
system
first
commenced
2
on
or
after
July
1,
1992,
the
member
or
ordinary
disability
3
beneficiary
shall
not
be
eligible
for
benefits
with
respect
to
4
a
disability
which
would
not
exist,
but
for
a
medical
condition
5
that
was
known
to
exist
on
the
date
that
membership
commenced.
6
A
medical
condition
shall
be
deemed
to
have
been
known
to
exist
7
on
the
date
that
membership
commenced
if
the
medical
condition
8
is
reflected
in
any
record
or
document
completed
or
obtained
9
in
accordance
with
the
system’s
medical
protocols
pursuant
to
10
section
400.8
,
or
in
any
other
record
or
document
obtained
11
pursuant
to
an
application
for
disability
benefits
from
the
12
system,
if
such
record
or
document
existed
prior
to
the
date
13
membership
commenced.
A
member
who
is
denied
a
benefit
under
14
this
subsection
,
by
reason
of
a
finding
by
the
medical
board
15
that
the
member
is
not
mentally
or
physically
incapacitated
16
for
the
further
performance
of
duty,
shall
be
entitled
to
17
be
restored
to
active
service
in
the
same
position
held
18
immediately
prior
to
the
application
for
disability
benefits.
19
b.
If
a
member
in
service
or
the
chief
of
the
police
or
20
fire
departments
becomes
incapacitated
for
duty
as
a
natural
21
or
proximate
result
of
an
injury
or
disease
incurred
in
or
22
aggravated
by
the
actual
performance
of
duty
at
some
definite
23
time
or
place
or
arising
out
of
or
in
the
course
of
the
24
employment,
or
while
acting,
pursuant
to
order,
outside
the
25
city
by
which
the
member
is
regularly
employed,
the
member,
26
upon
being
found
to
be
temporarily
incapacitated
following
a
27
medical
examination
as
directed
by
the
city,
is
entitled
to
28
receive
the
member’s
full
pay
and
allowances
from
the
city’s
29
general
fund
or
trust
and
agency
fund
until
reexamined
as
30
directed
by
the
city
and
found
to
be
fully
recovered
or
until
31
the
city
determines
that
the
member
is
likely
to
be
permanently
32
disabled.
If
the
temporary
incapacity
of
a
member
continues
33
more
than
sixty
days,
or
if
the
city
expects
the
incapacity
34
to
continue
more
than
sixty
days,
the
city
shall
notify
the
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system
of
the
temporary
incapacity.
Upon
notification
by
a
1
city,
the
system
may
refer
the
matter
to
the
medical
board
for
2
review
and
consultation
with
the
member’s
treating
physician
3
during
the
temporary
incapacity.
Except
as
provided
by
this
4
paragraph,
the
board
of
trustees
of
the
statewide
system
has
no
5
jurisdiction
over
these
matters
until
the
city
determines
that
6
the
disability
is
likely
to
be
permanent.
7
Sec.
4.
Section
411.6,
subsection
5,
Code
2021,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0d.
Disease
under
this
subsection
shall
10
also
mean
any
incapacitating
mental
disorder
arising
out
of
11
and
in
the
course
of
the
employment,
or
while
acting,
pursuant
12
to
order,
outside
the
city
by
which
the
member
is
regularly
13
employed.
A
disease
shall
qualify
as
an
incapacitating
mental
14
disorder
irrespective
of
the
absence
of
similar
effects
on
15
other
members.
16
Sec.
5.
Section
411.6,
subsection
6,
Code
2021,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
d.
(1)
Upon
a
determination
on
or
after
19
July
1,
2021,
that
an
ordinary
disability
beneficiary
is
20
entitled
to
a
retirement
for
accidental
disability,
the
21
beneficiary
shall
receive
an
accidental
disability
retirement
22
allowance
which
shall
consist
of
a
pension
in
an
amount
that
is
23
equal
to
the
greater
of
sixty
percent
of
the
member’s
average
24
final
compensation
or
the
retirement
allowance
that
the
member
25
would
receive
under
subsection
2
if
the
member
had
attained
26
fifty-five
years
of
age,
or
an
amount
equal
to
the
ordinary
27
disability
retirement
allowance
previously
received
by
the
28
beneficiary,
whichever
is
greater.
29
(2)
An
accidental
disability
allowance
under
this
paragraph
30
shall
commence
effective
the
first
day
of
the
first
month
31
following
the
determination
that
the
ordinary
disability
32
beneficiary
is
entitled
to
a
retirement
for
accidental
33
disability.
34
Sec.
6.
Section
411.6,
subsection
9,
paragraph
a,
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subparagraph
(1),
Code
2021,
is
amended
to
read
as
follows:
1
(1)
If,
upon
the
receipt
of
evidence
and
proof
from
the
2
chief
of
the
police
or
fire
department
that
the
death
of
a
3
member
in
service
was
the
natural
and
proximate
result
of
an
4
injury
or
disease
incurred
in
or
aggravated
by
the
actual
5
performance
of
duty
at
some
definite
time
and
place
or
arising
6
out
of
and
in
the
course
of
the
employment
,
or
while
acting
7
pursuant
to
order,
outside
of
the
city
by
which
the
member
is
8
regularly
employed,
the
system
decides
that
death
was
so
caused
9
in
the
performance
of
duty,
there
shall
be
paid,
in
lieu
of
the
10
ordinary
death
benefit
provided
in
subsection
8
,
an
accidental
11
death
benefit
as
set
forth
in
this
subsection
.
12
Sec.
7.
Section
411.6,
subsection
16,
Code
2021,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
d.
A
person
otherwise
eligible
to
receive
an
15
ordinary
or
accidental
disability
retirement
benefit
under
this
16
chapter
shall
not
be
eligible
to
receive
such
a
benefit
if
the
17
person
is
subsequently
determined
to
be
ineligible
pursuant
to
18
section
400.18
or
400.19,
or
other
comparable
process.
Upon
19
determination
of
ineligibility
pursuant
to
this
paragraph,
20
the
person’s
entitlement
to
a
disability
benefit
under
this
21
chapter
shall
terminate
and
any
disability
retirement
allowance
22
received
by
such
a
person
must
be
returned
to
the
system
23
together
with
interest
earned
on
the
disability
retirement
24
allowance
calculated
at
a
rate
determined
by
the
system.
25
However,
the
determination
of
ineligibility
as
provided
under
26
this
paragraph
may
be
waived
for
good
cause
as
determined
by
27
the
board.
The
burden
of
establishing
good
cause
is
on
the
28
person
who
received
the
disability
retirement
allowance.
29
Sec.
8.
Section
411.8,
subsection
1,
paragraph
f,
30
subparagraph
(8),
Code
2021,
is
amended
to
read
as
follows:
31
(8)
Beginning
July
1,
1996,
and
each
fiscal
year
thereafter,
32
an
amount
equal
to
the
member’s
contribution
rate
times
each
33
member’s
compensation
shall
be
paid
to
the
fund
from
the
34
earnable
compensation
of
the
member.
For
the
purposes
of
this
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subparagraph,
the
member’s
contribution
rate
shall
be
nine
1
and
thirty-five
hundredths
percent
or,
beginning
July
1,
2009
2
until
June
30,
2009
,
nine
and
four-tenths
percent
until
June
3
30,
2021,
and,
beginning
July
1,
2021,
nine
and
fifty-five
4
hundredths
percent
.
However,
the
system
shall
increase
the
5
member’s
contribution
rate
as
necessary
to
cover
any
increase
6
in
cost
to
the
system
resulting
from
statutory
changes
which
7
are
enacted
by
any
session
of
the
general
assembly
meeting
8
after
January
1,
1991,
if
the
increase
cannot
be
absorbed
9
within
the
contribution
rates
otherwise
established
pursuant
to
10
this
paragraph,
but
subject
to
a
maximum
employee
contribution
11
rate
of
eleven
and
three-tenths
percent
or,
beginning
July
12
1,
2009,
eleven
and
thirty-five
hundredths
percent.
The
13
contribution
rate
increases
specified
in
1994
Iowa
Acts,
ch.
14
1183,
pursuant
to
this
chapter
and
chapter
97A
shall
be
the
15
only
member
contribution
rate
increases
for
these
systems
16
resulting
from
the
statutory
changes
enacted
in
1994
Iowa
17
Acts,
ch.
1183,
and
shall
apply
only
to
the
fiscal
periods
18
specified
in
1994
Iowa
Acts,
ch.
1183.
After
the
employee
19
contribution
reaches
eleven
and
three-tenths
percent
or
eleven
20
and
thirty-five
hundredths
percent,
as
applicable,
sixty
21
percent
of
the
additional
cost
of
such
statutory
changes
shall
22
be
paid
by
employers
under
paragraph
“c”
and
forty
percent
23
of
the
additional
cost
shall
be
paid
by
employees
under
this
24
paragraph.
25
Sec.
9.
Section
411.15,
Code
2021,
is
amended
to
read
as
26
follows:
27
411.15
Hospitalization
and
medical
attention.
28
1.
a.
Cities
shall
provide
hospital,
nursing,
and
medical
29
attention
for
the
members
of
the
police
and
fire
departments
30
of
the
cities,
when
injured
while
in
the
performance
of
their
31
duties
as
members
of
such
department
,
and
or
for
injuries
and
32
diseases
arising
out
of
and
in
the
course
of
the
employment.
33
b.
Cities
shall
continue
to
provide
hospital,
nursing,
and
34
medical
attention
for
injuries
or
diseases
incurred
while
in
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the
performance
of
their
duties
or
arising
out
of
and
in
the
1
course
of
the
employment
for
members
or
beneficiaries
receiving
2
a
retirement
allowance
under
section
411.6
,
subsection
6
.
3
2.
a.
Cities
may
fund
the
cost
of
the
hospital,
nursing,
4
and
medical
attention
required
by
this
section
through
the
5
purchase
of
insurance,
by
self-insuring
the
obligation,
or
6
through
payment
of
moneys
into
a
local
government
risk
pool
7
established
for
the
purpose
of
covering
the
costs
associated
8
with
the
requirements
of
this
section
.
However,
the
cost
of
9
the
hospital,
nursing,
and
medical
attention
required
by
this
10
section
shall
not
be
funded
through
an
employee-paid
health
11
insurance
policy.
12
b.
A
member
or
beneficiary
shall
not
be
required
to
pay
the
13
cost
of
the
hospital,
nursing,
and
medical
attention
required
14
by
this
section,
including
but
not
limited
to
any
costs
15
or
premiums
associated
with
any
insurance
policy
providing
16
coverage
for
the
hospital,
nursing,
and
medical
attention.
17
c.
The
cost
of
the
hospital,
nursing,
and
medical
attention
18
required
by
this
section
shall
be
paid
from
moneys
held
in
a
19
trust
and
agency
fund
established
pursuant
to
section
384.6
,
20
or
out
of
the
appropriation
for
the
department
to
which
the
21
injured
person
belongs
or
belonged;
provided
that
any
amounts
22
received
by
the
injured
person
from
any
other
source
for
such
23
specific
purposes,
shall
be
deducted
from
the
amount
paid
by
24
the
city
under
the
provisions
of
this
section
.
25
3.
a.
For
purposes
of
this
subsection,
“date
of
the
26
occurrence
of
the
injury
or
disease”
means
the
date
that
the
27
member
or
beneficiary
knew
or
should
have
known
that
the
injury
28
or
disease
was
work-related.
29
b.
To
be
provided
the
cost
of
the
hospital,
nursing,
and
30
medical
attention
required
by
this
section,
the
city
or
the
31
city’s
representative
shall
have
actual
knowledge
of
the
32
occurrence
of
an
injury
or
disease
or
be
provided
notice
of
the
33
occurrence
of
an
injury
or
disease
on
behalf
of
a
member
or
34
beneficiary
within
ninety
days
from
the
date
of
the
occurrence
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of
the
injury
or
disease.
1
c.
An
action
to
require
the
city
to
provide
the
cost
of
2
the
hospital,
nursing,
and
medical
attention
required
by
this
3
section
for
a
disease
as
defined
in
section
411.6,
subsection
4
5,
shall
not
be
maintained
unless
the
action
is
commenced
5
within
five
years
from
the
last
date
of
employment
of
the
6
member.
All
other
actions
to
require
the
city
to
provide
the
7
cost
of
hospital,
nursing,
and
medical
attention
required
by
8
this
section
shall
not
be
maintained
unless
the
action
is
9
commenced
before
the
later
of
any
of
the
following:
10
(1)
Two
years
from
the
date
of
the
occurrence
of
the
injury
11
or
disease.
12
(2)
Two
years
from
the
date
the
city
denies
a
claim
to
13
provide
hospital,
nursing,
and
medical
attention
required
by
14
this
section.
15
-7-
HF
797
(2)
89
jda/rn/md
7/
7
