Iowa-2019-SSB3060-Introduced

S.F. _____ 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 35 -1- LSB 5444XC (5) 88 ec/rn 1/ 6

S.F. _____ 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. 35 -2- LSB 5444XC (5) 88 ec/rn 2/ 6

S.F. _____ 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 35 -3- LSB 5444XC (5) 88 ec/rn 3/ 6

S.F. _____ 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 35 -4- LSB 5444XC (5) 88 ec/rn 4/ 6

S.F. _____ 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 35 -5- LSB 5444XC (5) 88 ec/rn 5/ 6

S.F. _____ 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. 31 -6- LSB 5444XC (5) 88 ec/rn 6/ 6