Bill Text: IA SF2146 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act concerning presumptions relating to the occurrence of cancers for purposes of providing benefits under the municipal fire and police retirement system.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-01 - Subcommittee: Schultz, Bisignano, and Driscoll. S.J. 199. [SF2146 Detail]
Download: Iowa-2023-SF2146-Introduced.html
Senate
File
2146
-
Introduced
SENATE
FILE
2146
BY
EDLER
A
BILL
FOR
An
Act
concerning
presumptions
relating
to
the
occurrence
1
of
cancers
for
purposes
of
providing
benefits
under
the
2
municipal
fire
and
police
retirement
system.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2146
Section
1.
Section
411.1,
Code
2024,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
6A.
“Carcinogen”
means
an
agent
classified
3
by
the
international
agency
for
research
on
cancer
as
a
group
1
4
or
group
2A
carcinogen.
5
NEW
SUBSECTION
.
10A.
“Hazardous
duty”
means
the
same
as
6
defined
in
5
C.F.R.
§550.902,
as
amended.
7
Sec.
2.
Section
411.6,
subsection
5,
paragraph
c,
8
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
9
(2)
Disease
under
this
subsection
shall
also
mean
cancer
10
or
infectious
disease
and
shall
be
presumed
to
have
been
11
contracted
while
on
active
duty
as
a
result
of
that
duty.
12
Sec.
3.
Section
411.6,
subsection
5,
paragraph
c,
Code
2024,
13
is
amended
by
adding
the
following
new
subparagraph:
14
NEW
SUBPARAGRAPH
.
(03)
Disease
under
this
subsection
shall
15
also
mean
cancer
and
shall
be
presumed
to
have
been
contracted
16
while
on
active
duty
as
a
result
of
that
duty
if
the
active
duty
17
included
at
least
six
years
of
performing
hazardous
duty.
18
(a)
The
presumption
in
this
subparagraph
is
rebuttable
if
19
there
is
evidence
of
any
of
the
following:
20
(i)
Sufficient
exposure
to
tobacco
products
or
other
21
carcinogen
that
presents
an
extremely
high
risk
for
the
22
development
of
cancer
that
occurred
outside
the
scope
of
active
23
duty.
24
(ii)
No
known
sufficient
exposure
to
a
carcinogen.
25
(iii)
The
cancer
occurring
prior
to
the
date
of
membership.
26
(iv)
The
attainment
of
seventy
years
of
age.
27
(b)
The
rebuttable
presumption
in
this
subparagraph
does
28
not
apply
if
more
than
twenty
years
have
occurred
since
the
29
last
day
of
performing
hazardous
duty.
30
Sec.
4.
Section
411.6,
subsection
9,
paragraph
a,
31
subparagraph
(2),
subparagraph
division
(b),
Code
2024,
is
32
amended
to
read
as
follows:
33
(b)
Disease
under
this
subsection
shall
also
mean
cancer
34
or
infectious
disease
and
shall
be
presumed
to
have
been
35
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2146
contracted
while
on
active
duty
as
a
result
of
that
duty.
1
Sec.
5.
Section
411.6,
subsection
9,
paragraph
a,
2
subparagraph
(2),
Code
2024,
is
amended
by
adding
the
following
3
new
subparagraph
division:
4
NEW
SUBPARAGRAPH
DIVISION
.
(c)
Disease
under
this
5
subsection
shall
also
mean
cancer
and
shall
be
presumed
to
have
6
been
contracted
while
on
active
duty
as
a
result
of
that
duty
7
if
the
active
duty
included
at
least
six
years
of
performing
8
hazardous
duty.
9
(i)
The
presumption
in
this
subparagraph
division
is
10
rebuttable
if
there
is
evidence
of
any
of
the
following:
11
(A)
Sufficient
exposure
to
tobacco
products
or
other
12
carcinogen
that
presents
an
extremely
high
risk
for
the
13
development
of
cancer
that
occurred
outside
the
scope
of
active
14
duty.
15
(B)
No
known
sufficient
exposure
to
a
carcinogen.
16
(C)
The
cancer
occurring
prior
to
the
date
of
membership.
17
(D)
The
attainment
of
seventy
years
of
age.
18
(ii)
The
rebuttable
presumption
in
this
subparagraph
19
division
does
not
apply
if
more
than
twenty
years
have
occurred
20
since
the
last
day
of
performing
hazardous
duty.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
concerns
presumptions
relating
to
the
occurrence
25
of
cancers
for
purposes
of
providing
accidental
disability
and
26
accidental
death
benefits
under
the
municipal
fire
and
police
27
retirement
system
(411
system).
28
Under
current
law,
if
a
member
incurs
a
cancer
diagnosis
of
29
one
of
the
cancers
defined
in
Code
section
411.1,
the
cancer
30
is
presumed
to
have
been
contracted
while
on
active
duty
as
a
31
result
of
that
duty.
The
bill
modifies
the
cancer
presumption
32
by
requiring
the
cancer
presumption
to
include
at
least
six
33
years
of
performing
hazardous
duty.
34
The
bill
makes
the
new
cancer
hazardous
duty
presumption
35
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2146
rebuttable
if
there
is
evidence
of
sufficient
exposure
to
1
tobacco
products
or
other
carcinogens,
there
is
no
known
2
sufficient
exposure
to
a
carcinogen,
the
cancer
occurred
prior
3
to
the
date
of
membership
in
the
411
system,
or
the
attainment
4
of
70
years
of
age.
5
The
new
cancer
hazardous
duty
presumption
described
in
the
6
bill
does
not
apply
if
more
than
20
years
have
occurred
since
7
the
last
day
of
performing
hazardous
duty.
8
The
bill
defines
“carcinogen”
to
mean
an
agent
classified
by
9
the
international
agency
for
research
on
cancer
as
a
group
1
10
or
group
2A
carcinogen.
11
The
bill
defines
“hazardous
duty”
to
mean
the
same
as
defined
12
in
5
C.F.R.
§550.902,
as
amended.
13
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