Bill Text: IA HF90 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring certain weekly workers' compensation benefits to be calculated by including an employee's overtime and premium pay, and to include an annual cost-of-living adjustment.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-22 - Subcommittee reassigned: Upmeyer, Dolecheck and Hunter. H.J. 121. [HF90 Detail]
Download: Iowa-2019-HF90-Introduced.html
House
File
90
-
Introduced
HOUSE
FILE
90
BY
HUNTER
,
STAED
,
MASCHER
,
and
KURTZ
A
BILL
FOR
An
Act
requiring
certain
weekly
workers’
compensation
benefits
1
to
be
calculated
by
including
an
employee’s
overtime
2
and
premium
pay,
and
to
include
an
annual
cost-of-living
3
adjustment.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
85.36,
Code
2019,
is
amended
to
read
as
1
follows:
2
85.36
Basis
of
computation.
3
1.
The
basis
of
compensation
shall
be
the
weekly
earnings
4
of
the
injured
employee
at
the
time
of
the
injury.
Weekly
5
earnings
means
gross
salary,
wages,
or
earnings
of
an
employee
6
to
which
such
employee
would
have
been
entitled
had
the
7
employee
worked
the
customary
hours
for
the
full
pay
period
in
8
which
the
employee
was
injured,
as
regularly
required
by
the
9
employee’s
employer
for
the
work
or
employment
for
which
the
10
employee
was
employed,
computed
or
determined
as
follows
,
and
11
then
rounded
to
the
nearest
dollar:
12
1.
a.
In
the
case
of
an
employee
who
is
paid
on
a
weekly
13
pay
period
basis,
the
weekly
gross
earnings.
14
2.
b.
In
the
case
of
an
employee
who
is
paid
on
a
biweekly
15
pay
period
basis,
one-half
of
the
biweekly
gross
earnings.
16
3.
c.
In
the
case
of
an
employee
who
is
paid
on
a
17
semimonthly
pay
period
basis,
the
semimonthly
gross
earnings
18
multiplied
by
twenty-four
and
subsequently
divided
by
19
fifty-two.
20
4.
d.
In
the
case
of
an
employee
who
is
paid
on
a
monthly
21
pay
period
basis,
the
monthly
gross
earnings
multiplied
by
22
twelve
and
subsequently
divided
by
fifty-two.
23
5.
e.
In
the
case
of
an
employee
who
is
paid
on
a
yearly
24
pay
period
basis,
the
weekly
earnings
shall
be
the
yearly
25
earnings
divided
by
fifty-two.
26
6.
f.
In
the
case
of
an
employee
who
is
paid
on
a
daily
27
or
hourly
basis,
or
by
the
output
of
the
employee,
the
28
weekly
earnings
shall
be
computed
by
dividing
by
thirteen
29
the
earnings,
including
but
not
limited
to
overtime,
shift
30
differential
pay
but
not
including
overtime
or
,
and
premium
31
pay,
of
the
employee
earned
in
the
employ
of
the
employer
in
32
the
last
completed
period
of
thirteen
consecutive
calendar
33
weeks
immediately
preceding
the
injury.
If
the
employee
was
34
absent
from
employment
for
reasons
personal
to
the
employee
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during
part
of
the
thirteen
calendar
weeks
preceding
the
1
injury,
the
employee’s
weekly
earnings
shall
be
the
amount
2
the
employee
would
have
earned
had
the
employee
worked
when
3
work
was
available
to
other
employees
of
the
employer
in
a
4
similar
occupation.
A
week
which
does
not
fairly
reflect
5
the
employee’s
customary
earnings
shall
be
replaced
by
the
6
closest
previous
week
with
earnings
that
fairly
represent
the
7
employee’s
customary
earnings.
8
7.
g.
In
the
case
of
an
employee
who
has
been
in
the
employ
9
of
the
employer
less
than
thirteen
calendar
weeks
immediately
10
preceding
the
injury,
the
employee’s
weekly
earnings
shall
be
11
computed
under
subsection
6
paragraph
“f”
,
taking
the
earnings,
12
including
but
not
limited
to
overtime,
shift
differential
13
pay
but
not
including
overtime
or
,
and
premium
pay,
for
such
14
purpose
to
be
the
amount
the
employee
would
have
earned
had
the
15
employee
been
so
employed
by
the
employer
the
full
thirteen
16
calendar
weeks
immediately
preceding
the
injury
and
had
17
worked,
when
work
was
available
to
other
employees
in
a
similar
18
occupation.
If
the
earnings
of
other
employees
cannot
be
19
determined,
the
employee’s
weekly
earnings
shall
be
the
average
20
computed
for
the
number
of
weeks
the
employee
has
been
in
the
21
employ
of
the
employer.
22
h.
In
the
case
of
an
employee
injured
in
the
course
of
23
performing
as
a
professional
athlete,
the
basis
of
compensation
24
for
weekly
earnings
shall
be
one-fiftieth
of
total
earnings
25
which
the
employee
has
earned
from
all
employment
for
the
26
previous
twelve
months
prior
to
the
injury.
27
8.
2.
If
at
the
time
of
the
injury
the
hourly
earnings
28
have
not
been
fixed
or
cannot
be
ascertained,
the
earnings
for
29
the
purpose
of
calculating
compensation
shall
be
taken
to
be
30
the
usual
earnings
for
similar
services
where
such
services
are
31
rendered
by
paid
employees.
32
9.
3.
If
an
employee
earns
either
no
wages
or
less
than
the
33
usual
weekly
earnings
of
the
regular
full-time
adult
laborer
34
in
the
line
of
industry
in
which
the
employee
is
injured
in
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that
locality,
the
weekly
earnings
shall
be
one-fiftieth
of
1
the
total
earnings
which
the
employee
has
earned
from
all
2
employment
during
the
twelve
calendar
months
immediately
3
preceding
the
injury.
4
a.
In
computing
the
compensation
to
be
allowed
a
volunteer
5
fire
fighter,
emergency
medical
care
provider,
reserve
peace
6
officer,
or
volunteer
ambulance
driver,
the
earnings
as
a
7
fire
fighter,
emergency
medical
care
provider,
reserve
peace
8
officer,
or
volunteer
ambulance
driver
shall
be
disregarded
and
9
the
volunteer
fire
fighter,
emergency
medical
care
provider,
10
reserve
peace
officer,
or
volunteer
ambulance
driver
shall
11
be
paid
an
amount
equal
to
the
compensation
the
volunteer
12
fire
fighter,
emergency
medical
care
provider,
reserve
peace
13
officer,
or
volunteer
ambulance
driver
would
be
paid
if
injured
14
in
the
normal
course
of
the
volunteer
fire
fighter’s,
emergency
15
medical
care
provider’s,
reserve
peace
officer’s,
or
volunteer
16
ambulance
driver’s
regular
employment
or
an
amount
equal
to
one
17
hundred
and
forty
percent
of
the
statewide
average
weekly
wage,
18
whichever
is
greater.
19
b.
If
the
employee
was
an
apprentice
or
trainee
when
20
injured,
and
it
is
established
under
normal
conditions
the
21
employee’s
earnings
should
be
expected
to
increase
during
the
22
period
of
disability,
that
fact
may
be
considered
in
computing
23
the
employee’s
weekly
earnings.
24
c.
If
the
employee
was
an
inmate
as
defined
in
section
25
85.59
,
the
inmate’s
actual
earnings
shall
be
disregarded,
and
26
the
weekly
compensation
rate
shall
be
as
set
forth
in
section
27
85.59
.
28
10.
4.
If
a
wage,
or
method
of
calculating
a
wage,
is
29
used
for
the
basis
of
the
payment
of
a
workers’
compensation
30
insurance
premium
for
a
proprietor,
partner,
limited
liability
31
company
member,
limited
liability
partner,
or
officer
of
a
32
corporation,
the
wage
or
the
method
of
calculating
the
wage
33
is
determinative
for
purposes
of
computing
the
proprietor’s,
34
partner’s,
limited
liability
company
member’s,
limited
35
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liability
partner’s,
or
officer’s
weekly
workers’
compensation
1
benefit
rate.
2
11.
5.
In
computing
the
compensation
to
be
allowed
an
3
elected
or
appointed
official,
the
official
may
choose
either
4
of
the
following
payment
options:
5
a.
The
official
shall
be
paid
an
amount
of
compensation
6
based
on
the
official’s
weekly
earnings
as
an
elected
or
7
appointed
official.
8
b.
The
earnings
of
the
official
as
an
elected
or
appointed
9
official
shall
be
disregarded
and
the
official
shall
be
paid
10
an
amount
equal
to
one
hundred
forty
percent
of
the
statewide
11
average
weekly
wage.
12
12.
In
the
case
of
an
employee
injured
in
the
course
of
13
performing
as
a
professional
athlete,
the
basis
of
compensation
14
for
weekly
earnings
shall
be
one-fiftieth
of
total
earnings
15
which
the
employee
has
earned
from
all
employment
for
the
16
previous
twelve
months
prior
to
the
injury.
17
6.
The
basis
of
compensation
for
permanent
total
disability
18
benefits
or
death
benefits
shall
increase
on
January
1
of
19
each
year
for
compensation
which
becomes
due
that
year
by
20
a
percentage
equal
to
the
cost-of-living
adjustment
made
21
to
disability
benefits
payable
by
the
United
States
social
22
security
administration
in
December
of
the
immediately
23
preceding
year.
24
Sec.
2.
Section
85.61,
subsection
3,
Code
2019,
is
amended
25
to
read
as
follows:
26
3.
“Gross
earnings”
means
recurring
payments
by
the
27
employer
to
the
employee
for
employment,
before
any
authorized
28
or
lawfully
required
deduction
or
withholding
of
funds
by
29
the
employer,
excluding
irregular
bonuses,
retroactive
pay,
30
overtime,
penalty
pay,
reimbursement
of
expenses,
expense
31
allowances,
and
the
employer’s
contribution
for
welfare
32
benefits.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
requires
certain
weekly
workers’
compensation
2
benefits
to
be
calculated
by
including
an
employee’s
overtime
3
and
premium
pay,
and
to
include
an
annual
cost-of-living
4
adjustment.
5
The
bill
amends
Code
section
85.36
to
require
the
6
calculation
of
the
amount
of
weekly
workers’
compensation
7
benefits
to
include,
not
exclude,
an
employee’s
earnings
for
8
overtime
and
premium
pay.
A
coordinating
amendment
is
made
to
9
Code
section
85.61.
10
The
bill
also
amends
Code
section
85.36
to
require
the
basis
11
of
compensation
for
weekly
workers’
compensation
benefits
12
payable
for
permanent
total
disability
benefits
or
death
13
benefits
to
increase
on
January
1
each
year
for
compensation
14
which
becomes
due
that
year,
by
a
percentage
equal
to
the
15
cost-of-living
adjustment
made
to
disability
benefits
payable
16
by
the
United
States
social
security
administration
in
December
17
of
the
immediately
preceding
year.
18
Technical
corrections
are
also
made
to
Code
section
85.36
to
19
remove
an
unnumbered
paragraph
and
for
purposes
of
clarity.
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