Bill Text: IA HSB551 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act concerning benefits under the municipal fire and police retirement system.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-18 - Committee report, recommending amendment and passage. H.J. 300. [HSB551 Detail]
Download: Iowa-2019-HSB551-Introduced.html
House
Study
Bill
551
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
concerning
benefits
under
the
municipal
fire
and
police
1
retirement
system.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
411.1,
subsection
14,
Code
2020,
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
411.6,
subsection
5,
paragraphs
a
and
b,
14
Code
2020,
are
amended
to
read
as
follows:
15
a.
Upon
application
to
the
system,
of
a
member
in
good
16
standing
,
of
a
beneficiary,
or
of
the
chief
of
the
police
or
17
fire
departments,
respectively,
any
member
in
good
standing
18
or
beneficiary
who
has
become
totally
and
permanently
19
incapacitated
for
duty
as
the
natural
and
proximate
result
of
20
an
injury
or
disease
incurred
in
or
aggravated
by
the
actual
21
performance
of
duty
at
some
definite
time
and
place
or
arising
22
out
of
and
in
the
course
of
the
employment
,
or
while
acting
23
pursuant
to
order,
outside
of
the
city
by
which
the
member
24
is
regularly
employed,
shall
be
retired
by
the
system
if
the
25
medical
board
certifies
that
the
member
or
beneficiary
is
26
mentally
or
physically
incapacitated
for
further
performance
27
of
duty,
that
the
incapacity
is
likely
to
be
permanent,
and
28
that
the
member
or
beneficiary
should
be
retired.
However,
29
if
a
person’s
membership
in
the
system
first
commenced
on
or
30
after
July
1,
1992,
the
member
or
beneficiary
shall
not
be
31
eligible
for
benefits
with
respect
to
a
disability
which
would
32
not
exist,
but
for
a
medical
condition
that
was
known
to
exist
33
on
the
date
that
membership
commenced.
A
medical
condition
34
shall
be
deemed
to
have
been
known
to
exist
on
the
date
that
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membership
commenced
if
the
medical
condition
is
reflected
in
1
any
record
or
document
completed
or
obtained
in
accordance
2
with
the
system’s
medical
protocols
pursuant
to
section
3
400.8
,
or
in
any
other
record
or
document
obtained
pursuant
4
to
an
application
for
disability
benefits
from
the
system,
if
5
such
record
or
document
existed
prior
to
the
date
membership
6
commenced.
A
member
who
is
denied
a
benefit
under
this
7
subsection
,
by
reason
of
a
finding
by
the
medical
board
that
8
the
member
is
not
mentally
or
physically
incapacitated
for
the
9
further
performance
of
duty,
shall
be
entitled
to
be
restored
10
to
active
service
in
the
same
position
held
immediately
prior
11
to
the
application
for
disability
benefits.
12
b.
If
a
member
in
service
or
the
chief
of
the
police
or
13
fire
departments
becomes
incapacitated
for
duty
as
a
natural
14
or
proximate
result
of
an
injury
or
disease
incurred
in
or
15
aggravated
by
the
actual
performance
of
duty
at
some
definite
16
time
or
place
arising
out
of
or
in
course
of
the
employment,
or
17
while
acting,
pursuant
to
order,
outside
the
city
by
which
the
18
member
is
regularly
employed,
the
member,
upon
being
found
to
19
be
temporarily
incapacitated
following
a
medical
examination
as
20
directed
by
the
city,
is
entitled
to
receive
the
member’s
full
21
pay
and
allowances
from
the
city’s
general
fund
or
trust
and
22
agency
fund
until
reexamined
as
directed
by
the
city
and
found
23
to
be
fully
recovered
or
until
the
city
determines
that
the
24
member
is
likely
to
be
permanently
disabled.
If
the
temporary
25
incapacity
of
a
member
continues
more
than
sixty
days,
or
26
if
the
city
expects
the
incapacity
to
continue
more
than
27
sixty
days,
the
city
shall
notify
the
system
of
the
temporary
28
incapacity.
Upon
notification
by
a
city,
the
system
may
refer
29
the
matter
to
the
medical
board
for
review
and
consultation
30
with
the
member’s
treating
physician
during
the
temporary
31
incapacity.
Except
as
provided
by
this
paragraph,
the
board
32
of
trustees
of
the
statewide
system
has
no
jurisdiction
over
33
these
matters
until
the
city
determines
that
the
disability
is
34
likely
to
be
permanent.
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Sec.
3.
Section
411.6,
subsection
5,
paragraph
c,
Code
2020,
1
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(2A)
Disease
under
this
subsection
shall
3
also
mean
any
incapacitating
mental
disorder
arising
out
of
4
and
in
the
course
of
the
employment,
or
while
acting,
pursuant
5
to
order,
outside
the
city
by
which
the
member
is
regularly
6
employed.
A
disease
shall
qualify
as
an
incapacitating
mental
7
disorder
irrespective
of
the
absence
of
similar
effects
on
8
other
members.
9
Sec.
4.
Section
411.6,
subsection
6,
paragraph
c,
Code
2020,
10
is
amended
to
read
as
follows:
11
c.
Upon
retirement
for
accidental
disability
on
or
after
12
July
1,
1998
,
or
a
determination
that
a
beneficiary
is
13
entitled
to
a
retirement
for
accidental
disability
,
a
member
or
14
beneficiary
shall
receive
an
accidental
disability
retirement
15
allowance
which
shall
consist
of
a
pension
in
an
amount
equal
16
to
the
greater
of
sixty
percent
of
the
member’s
average
final
17
compensation
or
the
retirement
allowance
that
the
member
18
would
receive
under
subsection
2
if
the
member
had
attained
19
fifty-five
years
of
age.
20
Sec.
5.
Section
411.6,
subsection
7,
unnumbered
paragraph
21
1,
Code
2020,
is
amended
to
read
as
follows:
22
The
system
may,
and
upon
the
member’s
application
by
the
23
member
or
beneficiary
shall,
require
any
disability
beneficiary
24
who
has
not
yet
attained
age
fifty-five
to
undergo
a
medical
25
examination
at
a
place
designated
by
the
medical
board.
The
26
examination
shall
be
made
by
the
medical
board
or,
in
special
27
cases,
by
an
additional
physician
or
physicians
designated
28
by
such
board.
If
any
disability
beneficiary
who
has
not
29
attained
the
age
of
fifty-five
refuses
to
submit
to
the
medical
30
examination,
the
member’s
allowance
may
be
discontinued
until
31
withdrawal
of
such
refusal,
and
if
the
refusal
continues
for
32
one
year
all
rights
in
and
to
the
member’s
pension
may
be
33
revoked
by
the
system.
For
a
disability
beneficiary
who
has
34
not
attained
the
age
of
fifty-five
and
whose
entitlement
to
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a
disability
retirement
commenced
on
or
after
July
1,
2000,
1
the
medical
board
may,
as
part
of
the
examination
required
2
by
this
subsection
,
suggest
appropriate
medical
treatment
or
3
rehabilitation
if,
in
the
opinion
of
the
medical
board,
the
4
recommended
treatment
or
rehabilitation
would
likely
restore
5
the
disability
beneficiary
to
duty.
6
Sec.
6.
Section
411.6,
subsection
9,
paragraph
a,
7
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
8
(1)
If,
upon
the
receipt
of
evidence
and
proof
from
the
9
chief
of
the
police
or
fire
department
that
the
death
of
a
10
member
in
service
was
the
natural
and
proximate
result
of
an
11
injury
or
disease
incurred
in
or
aggravated
by
the
actual
12
performance
of
duty
at
some
definite
time
and
place
or
arising
13
out
of
and
in
the
course
of
the
employment
,
or
while
acting
14
pursuant
to
order,
outside
of
the
city
by
which
the
member
is
15
regularly
employed,
the
system
decides
that
death
was
so
caused
16
in
the
performance
of
duty,
there
shall
be
paid,
in
lieu
of
the
17
ordinary
death
benefit
provided
in
subsection
8
,
an
accidental
18
death
benefit
as
set
forth
in
this
subsection
.
19
Sec.
7.
Section
411.15,
Code
2020,
is
amended
to
read
as
20
follows:
21
411.15
Hospitalization
and
medical
attention.
22
Cities
shall
provide
hospital,
nursing,
and
medical
23
attention
for
the
members
of
the
police
and
fire
departments
24
of
the
cities,
when
injured
while
in
the
performance
of
their
25
duties
as
members
of
such
department
or
for
injuries
and
26
diseases
arising
out
of
and
in
the
course
of
the
employment
,
27
and
shall
continue
to
provide
hospital,
nursing,
and
medical
28
attention
for
all
injuries
or
diseases
incurred
while
in
the
29
performance
of
their
duties
or
arising
out
of
and
in
the
course
30
of
the
employment
for
members
or
beneficiaries
receiving
31
a
retirement
allowance
under
section
411.6
,
subsection
6
.
32
Cities
may
fund
the
cost
of
the
hospital,
nursing,
and
medical
33
attention
required
by
this
section
through
the
purchase
of
34
insurance,
by
self-insuring
the
obligation,
or
through
payment
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of
moneys
into
a
local
government
risk
pool
established
for
the
1
purpose
of
covering
the
costs
associated
with
the
requirements
2
of
this
section
.
However,
the
cost
of
the
hospital,
nursing,
3
and
medical
attention
required
by
this
section
shall
not
be
4
funded
through
an
employee-paid
health
insurance
policy.
The
5
cost
of
the
hospital,
nursing,
and
medical
attention
required
6
by
this
section
shall
be
paid
from
moneys
held
in
a
trust
and
7
agency
fund
established
pursuant
to
section
384.6
,
or
out
of
8
the
appropriation
for
the
department
to
which
the
injured
9
person
belongs
or
belonged;
provided
that
any
amounts
received
10
by
the
injured
person
from
any
other
source
for
such
specific
11
purposes,
shall
be
deducted
from
the
amount
paid
by
the
city
12
under
the
provisions
of
this
section
.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
concerns
benefits
under
the
municipal
fire
and
17
police
retirement
system
established
under
Code
chapter
411.
18
The
bill
amends
the
definition
of
“member
in
good
standing”
19
to
mean
any
member
in
service
who
has
not
been
terminated
by
20
the
employing
city
of
the
member.
21
Code
section
411.6(5),
concerning
accidental
disability
22
benefits,
is
amended
to
allow
a
beneficiary
to
make
application
23
to
the
retirement
system
for
an
accidental
disability
24
retirement
benefit.
The
subsection
is
further
amended
to
25
provide
that
a
person
is
entitled
to
pay
and
allowances
26
if
determined
to
be
temporarily
incapacitated
prior
to
an
27
accidental
disability
retirement
determination
and
for
an
28
accidental
disability
retirement
if
the
person
has
become
29
totally
and
permanently
incapacitated
as
a
result
of
injury
and
30
disease
arising
out
of
and
in
the
course
of
the
employment
and
31
by
the
actual
performance
of
duty
without
regard
to
whether
32
that
actual
performance
of
duty
was
at
some
definite
time
and
33
place.
The
subsection
is
also
amended
to
provide
that
disease
34
for
purposes
of
an
accidental
disability
benefit
also
means
any
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incapacitating
mental
disorder
arising
out
of
and
in
the
course
1
of
the
employment,
or
while
acting,
pursuant
to
order,
outside
2
the
city
by
which
the
member
is
regularly
employed.
3
Code
section
411.6(6),
providing
for
a
retirement
allowance
4
upon
retirement
for
accidental
disability,
is
amended
to
5
provide
that
a
beneficiary
who
is
determined
to
be
entitled
to
6
a
retirement
for
accidental
disability
shall
receive
a
pension
7
as
determined
for
members
receiving
an
accidental
disability
8
retirement.
9
Code
section
411.6(7),
concerning
reexamination
of
10
beneficiaries
retired
on
account
of
disability,
is
amended
to
11
allow
a
beneficiary
who
has
not
reached
age
55
to
request
a
12
medical
examination
to
determine,
in
part,
if
the
beneficiary
13
can
be
restored
to
duty.
14
Code
section
411.6(9),
concerning
accidental
death
benefits,
15
is
amended
to
provide
that
an
accidental
death
benefit
shall
16
also
be
paid
if
the
death
was
as
a
result
of
injury
and
disease
17
arising
out
of
and
in
the
course
of
the
employment
or
by
the
18
actual
performance
of
duty
without
regard
to
whether
that
19
actual
performance
of
duty
was
at
some
definite
time
and
place.
20
Code
section
411.15,
concerning
cities’
requirement
to
21
provide
hospitalization
and
medical
attention
for
injuries
22
or
diseases
while
on
duty,
is
amended
to
provide
that
such
23
attention
shall
also
be
provided
for
injuries
arising
out
of
24
and
in
the
course
of
employment.
The
Code
section
is
further
25
amended
to
provide
that
cities
shall
continue
to
provide
26
hospitalization
and
medical
attention
for
injuries
or
diseases
27
while
on
duty
for
members
or
beneficiaries
receiving
any
28
retirement
allowance
under
Code
section
411.6
and
not
just
an
29
accidental
disability
retirement
allowance
under
Code
section
30
411.6,
subsection
6.
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