Bill Text: IA HF687 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to police officers and fire fighters concerning civil service entrance evaluations and benefits for members of the municipal fire and police retirement system. (Formerly HSB 237.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2023-06-05 - Referred to State Government. S.J. 1092. [HF687 Detail]
Download: Iowa-2023-HF687-Amended.html
House
File
687
-
Reprinted
HOUSE
FILE
687
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
237)
(COMPANION
TO
SF
505
BY
COMMITTEE
ON
STATE
GOVERNMENT)
(As
Amended
and
Passed
by
the
House
April
19,
2023
)
A
BILL
FOR
An
Act
relating
to
police
officers
and
fire
fighters
concerning
1
civil
service
entrance
evaluations
and
benefits
for
members
2
of
the
municipal
fire
and
police
retirement
system.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
687
(2)
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H.F.
687
Section
1.
Section
400.8,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
The
commission,
when
necessary
under
the
rules,
3
including
minimum
and
maximum
age
limits,
which
shall
be
4
prescribed
and
published
in
advance
by
the
commission
and
5
posted
in
the
city
hall,
shall
hold
examinations
for
the
6
purpose
of
determining
the
qualifications
of
applicants
7
for
positions
under
civil
service,
other
than
promotions,
8
which
examinations
shall
be
practical
in
character
and
shall
9
relate
to
matters
which
will
fairly
test
the
mental
and
10
physical
ability
of
the
applicant
to
discharge
the
duties
of
11
the
position
to
which
the
applicant
seeks
appointment.
The
12
physical
examination
and
mental
health
evaluation
of
applicants
13
for
appointment
to
the
positions
of
police
officer
,
police
14
matron,
or
fire
fighter
shall
be
held
in
accordance
with
15
medical
protocols
established
by
the
board
of
trustees
of
the
16
fire
and
police
retirement
system
established
by
section
411.5
17
and
shall
be
conducted
in
accordance
with
the
directives
of
18
the
board
of
trustees.
However,
the
prohibitions
of
section
19
216.6,
subsection
1
,
paragraph
“d”
,
regarding
tests
for
the
20
presence
of
the
antibody
to
the
human
immunodeficiency
virus
21
shall
not
apply
to
such
examinations.
The
board
of
trustees
22
may
change
the
medical
protocols
at
any
time
the
board
so
23
determines.
In
the
event
of
a
conflict
between
the
medical
24
protocols
established
under
this
section
and
the
minimum
25
entrance
requirements
of
the
Iowa
law
enforcement
academy
under
26
section
80B.11
,
the
medical
protocols
established
under
this
27
section
shall
control.
The
physical
examination
and
mental
28
health
evaluation
of
an
applicant
for
the
position
of
police
29
officer
,
police
matron,
or
fire
fighter
shall
be
conducted
30
after
a
conditional
offer
of
employment
has
been
made
to
the
31
applicant.
An
applicant
shall
not
be
discriminated
against
32
on
the
basis
of
height,
weight,
sex,
or
race
in
determining
33
physical
or
mental
ability
of
the
applicant.
Reasonable
rules
34
relating
to
strength,
agility,
and
general
health
of
applicants
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shall
be
prescribed.
The
costs
of
the
physical
examination
and
1
the
mental
health
evaluation
required
under
this
subsection
2
shall
be
paid
from
the
trust
and
agency
fund
of
the
city.
3
Sec.
2.
Section
411.1,
subsection
14,
Code
2023,
is
amended
4
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
5
following:
6
14.
“Member
in
good
standing”
means
any
member
in
service
7
who
has
not
been
terminated
by
the
employing
city
of
the
8
member
pursuant
to
section
400.18
or
400.19.
Termination
9
procedures
initiated
by
the
chief
of
police
or
chief
of
the
10
fire
department
pursuant
to
section
400.19
shall
not
become
11
final
or
adversely
impact
a
member’s
status
as
a
member
in
12
good
standing
until
all
appeals
provided
by
an
applicable
13
collective
bargaining
agreement
or
by
law
have
been
exhausted.
14
Disciplinary
action
other
than
discharge
shall
not
adversely
15
affect
a
member’s
status
as
a
member
in
good
standing.
16
Sec.
3.
Section
411.1,
Code
2023,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
15A.
“Ordinary
disability
beneficiary”
19
means
a
member
retired
on
an
ordinary
disability
retirement
20
benefit
pursuant
to
section
411.6,
subsection
3,
for
three
21
years
or
less.
22
Sec.
4.
Section
411.6,
subsection
5,
paragraphs
a
and
b,
23
Code
2023,
are
amended
to
read
as
follows:
24
a.
Upon
application
to
the
system
,
of
a
member
in
good
25
standing
,
of
an
ordinary
disability
beneficiary,
or
of
the
26
chief
of
the
police
or
fire
departments,
respectively,
any
27
member
in
good
standing
or
ordinary
disability
beneficiary
28
who
has
become
totally
and
permanently
incapacitated
for
duty
29
as
the
natural
and
proximate
result
of
an
injury
or
disease
30
incurred
in
or
aggravated
by
the
actual
performance
of
duty
31
at
some
definite
time
and
place
or
arising
out
of
and
in
the
32
course
of
the
employment
,
or
while
acting
pursuant
to
order,
33
outside
of
the
city
by
which
the
member
is
regularly
employed,
34
shall
be
retired
by
the
system
,
or
may
have
a
retirement
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for
an
ordinary
disability
converted
to
a
retirement
for
an
1
accidental
disability,
if
the
medical
board
certifies
that
2
the
member
or
ordinary
disability
beneficiary
is
mentally
or
3
physically
incapacitated
for
further
performance
of
duty,
4
that
the
incapacity
is
likely
to
be
permanent,
and
that
the
5
member
should
be
retired
or
should
have
a
retirement
for
an
6
ordinary
disability
converted
to
a
retirement
for
an
accidental
7
disability
.
However,
if
a
person’s
membership
in
the
system
8
first
commenced
on
or
after
July
1,
1992,
the
member
or
9
ordinary
disability
beneficiary
shall
not
be
eligible
for
10
benefits
with
respect
to
a
disability
which
would
not
exist,
11
but
for
a
medical
condition
that
was
known
to
exist
on
the
12
date
that
membership
commenced.
A
medical
condition
shall
be
13
deemed
to
have
been
known
to
exist
on
the
date
that
membership
14
commenced
if
the
medical
condition
is
reflected
in
any
record
15
or
document
completed
or
obtained
in
accordance
with
the
16
system’s
medical
protocols
pursuant
to
section
400.8
,
or
in
any
17
other
record
or
document
obtained
pursuant
to
an
application
18
for
disability
benefits
from
the
system,
if
such
record
or
19
document
existed
prior
to
the
date
membership
commenced.
A
20
member
who
is
denied
a
benefit
under
this
subsection
,
by
21
reason
of
a
finding
by
the
medical
board
that
the
member
is
22
not
mentally
or
physically
incapacitated
for
the
further
23
performance
of
duty,
shall
be
entitled
to
be
restored
to
active
24
service
in
the
same
position
held
immediately
prior
to
the
25
application
for
disability
benefits.
26
b.
If
a
member
in
service
or
the
chief
of
the
police
or
27
fire
departments
becomes
incapacitated
for
duty
as
a
natural
28
or
proximate
result
of
an
injury
or
disease
incurred
in
or
29
aggravated
by
the
actual
performance
of
duty
at
some
definite
30
time
or
place
or
arising
out
of
or
in
the
course
of
the
31
employment,
or
while
acting,
pursuant
to
order,
outside
the
32
city
by
which
the
member
is
regularly
employed,
the
member,
33
upon
being
found
to
be
temporarily
incapacitated
following
a
34
medical
examination
as
directed
by
the
city,
is
entitled
to
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receive
the
member’s
full
pay
and
allowances
from
the
city’s
1
general
fund
or
trust
and
agency
fund
until
reexamined
as
2
directed
by
the
city
and
found
to
be
fully
recovered
or
until
3
the
city
determines
that
the
member
is
likely
to
be
permanently
4
disabled.
If
the
temporary
incapacity
of
a
member
continues
5
more
than
sixty
days,
or
if
the
city
expects
the
incapacity
6
to
continue
more
than
sixty
days,
the
city
shall
notify
the
7
system
of
the
temporary
incapacity.
Upon
notification
by
a
8
city,
the
system
may
refer
the
matter
to
the
medical
board
for
9
review
and
consultation
with
the
member’s
treating
physician
10
during
the
temporary
incapacity.
Except
as
provided
by
this
11
paragraph,
the
board
of
trustees
of
the
statewide
system
has
no
12
jurisdiction
over
these
matters
until
the
city
determines
that
13
the
disability
is
likely
to
be
permanent.
14
Sec.
5.
Section
411.6,
subsection
5,
Code
2023,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
0d.
To
establish
that
a
mental
incapacity
17
occurred
as
the
natural
and
proximate
result
of
an
injury
or
18
disease
incurred
in
or
aggravated
by
the
actual
performance
of
19
duty
or
arising
out
of
and
in
the
course
of
the
employment,
or
20
while
acting
pursuant
to
order
outside
of
the
city
by
which
the
21
member
is
regularly
employed,
the
member
must
demonstrate
that
22
the
mental
incapacity
is
traceable
to
a
readily
identifiable
23
work
event
constituting
a
manifest
happening
of
a
sudden
24
traumatic
nature
from
an
unexpected
cause
or
unusual
strain
in
25
the
workplace.
Whether
an
incident
is
traumatic,
unexpected,
26
or
unusual
is
determined
by
comparing
the
incident,
and
not
27
the
effect
on
the
member,
to
the
experiences
of
other
police
28
officers
or
fire
fighters
in
Iowa.
A
member
must
be
able
to
29
trace
their
mental
injury
to
a
specific
event
or
events
in
the
30
workplace
to
be
eligible
for
accidental
disability
benefits.
31
Sec.
6.
Section
411.6,
subsection
6,
Code
2023,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
d.
(1)
Upon
a
determination
on
or
after
34
July
1,
2023,
that
an
ordinary
disability
beneficiary
is
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entitled
to
a
retirement
for
accidental
disability,
the
1
beneficiary
shall
receive
an
accidental
disability
retirement
2
allowance
which
shall
consist
of
a
pension
in
an
amount
that
is
3
equal
to
the
greater
of
sixty
percent
of
the
member’s
average
4
final
compensation
or
the
retirement
allowance
that
the
member
5
would
receive
under
subsection
2
if
the
member
had
attained
6
fifty-five
years
of
age,
or
an
amount
equal
to
the
ordinary
7
disability
retirement
allowance
previously
received
by
the
8
beneficiary,
whichever
is
greater.
9
(2)
An
accidental
disability
allowance
under
this
paragraph
10
shall
commence
effective
the
first
day
of
the
first
month
11
following
the
determination
that
the
ordinary
disability
12
beneficiary
is
entitled
to
a
retirement
for
accidental
13
disability.
14
Sec.
7.
Section
411.6,
subsection
9,
paragraph
a,
15
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
16
(1)
If,
upon
the
receipt
of
evidence
and
proof
from
the
17
chief
of
the
police
or
fire
department
that
the
death
of
a
18
member
in
service
was
the
natural
and
proximate
result
of
an
19
injury
or
disease
incurred
in
or
aggravated
by
the
actual
20
performance
of
duty
at
some
definite
time
and
place
or
arising
21
out
of
and
in
the
course
of
the
employment
,
or
while
acting
22
pursuant
to
order,
outside
of
the
city
by
which
the
member
is
23
regularly
employed,
the
system
decides
that
death
was
so
caused
24
in
the
performance
of
duty,
there
shall
be
paid,
in
lieu
of
the
25
ordinary
death
benefit
provided
in
subsection
8
,
an
accidental
26
death
benefit
as
set
forth
in
this
subsection
.
27
Sec.
8.
Section
411.6,
subsection
16,
Code
2023,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
d.
A
person
otherwise
eligible
to
receive
30
an
ordinary
or
accidental
disability
retirement
benefit
under
31
this
chapter
shall
not
be
eligible
to
receive
such
a
benefit
32
if
the
person
is
subsequently
removed,
discharged,
demoted,
33
or
suspended
pursuant
to
section
400.18
or
400.19,
or
other
34
comparable
process.
Upon
determination
of
ineligibility
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pursuant
to
this
paragraph,
the
person’s
entitlement
to
a
1
disability
benefit
under
this
chapter
shall
terminate
and
any
2
disability
retirement
allowance
received
by
such
a
person
must
3
be
returned
to
the
system
together
with
interest
earned
on
the
4
disability
retirement
allowance
calculated
at
a
rate
determined
5
by
the
system.
However,
the
determination
of
ineligibility
6
as
provided
under
this
paragraph
may
be
waived
for
good
cause
7
as
determined
by
the
board.
The
burden
of
establishing
good
8
cause
is
on
the
person
who
received
the
disability
retirement
9
allowance.
10
Sec.
9.
Section
411.8,
subsection
1,
paragraph
f,
11
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
12
(8)
Beginning
July
1,
1996,
and
each
fiscal
year
thereafter,
13
an
amount
equal
to
the
member’s
contribution
rate
times
each
14
member’s
compensation
shall
be
paid
to
the
fund
from
the
15
earnable
compensation
of
the
member.
For
the
purposes
of
this
16
subparagraph,
the
member’s
contribution
rate
shall
be
nine
and
17
thirty-five
hundredths
percent
or,
beginning
July
1,
until
June
18
30,
2009,
nine
and
four-tenths
percent
until
June
30,
2023,
19
and,
beginning
July
1,
2023,
nine
and
sixty-four
hundredths
20
percent
.
However,
the
system
shall
increase
the
member’s
21
contribution
rate
as
necessary
to
cover
any
increase
in
cost
22
to
the
system
resulting
from
statutory
changes
which
are
23
enacted
by
any
session
of
the
general
assembly
meeting
after
24
January
1,
1991,
if
the
increase
cannot
be
absorbed
within
25
the
contribution
rates
otherwise
established
pursuant
to
this
26
paragraph,
but
subject
to
a
maximum
employee
contribution
rate
27
of
eleven
and
three-tenths
percent
or,
beginning
July
1,
2009,
28
eleven
and
thirty-five
hundredths
percent.
The
contribution
29
rate
increases
specified
in
1994
Iowa
Acts,
ch.
1183,
pursuant
30
to
this
chapter
and
chapter
97A
shall
be
the
only
member
31
contribution
rate
increases
for
these
systems
resulting
from
32
the
statutory
changes
enacted
in
1994
Iowa
Acts,
ch.
1183,
and
33
shall
apply
only
to
the
fiscal
periods
specified
in
1994
Iowa
34
Acts,
ch.
1183.
After
the
employee
contribution
reaches
eleven
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and
three-tenths
percent
or
eleven
and
thirty-five
hundredths
1
percent,
as
applicable,
sixty
percent
of
the
additional
cost
2
of
such
statutory
changes
shall
be
paid
by
employers
under
3
paragraph
“c”
and
forty
percent
of
the
additional
cost
shall
be
4
paid
by
employees
under
this
paragraph.
5
Sec.
10.
Section
411.15,
Code
2023,
is
amended
to
read
as
6
follows:
7
411.15
Hospitalization
and
medical
attention.
8
1.
a.
Cities
shall
provide
hospital,
nursing,
and
medical
9
attention
for
the
members
of
the
police
and
fire
departments
10
of
the
cities,
when
injured
while
in
the
performance
of
their
11
duties
as
members
of
such
department
,
and
or
for
injuries
and
12
diseases
arising
out
of
and
in
the
course
of
the
employment.
13
b.
Cities
shall
continue
to
provide
hospital,
nursing,
and
14
medical
attention
for
injuries
or
diseases
incurred
while
in
15
the
performance
of
their
duties
or
arising
out
of
and
in
the
16
course
of
the
employment
for
members
or
beneficiaries
receiving
17
a
retirement
allowance
under
section
411.6
,
subsection
6
.
18
c.
Disease
under
this
subsection
shall
mean
heart
disease
19
or
any
disease
of
the
lungs
or
respiratory
tract
and
shall
be
20
presumed
to
have
been
contracted
while
on
active
duty
as
a
21
result
of
strain
or
the
inhalation
of
noxious
fumes,
poison,
or
22
gases.
Disease
under
this
subsection
shall
also
mean
cancer
23
or
infectious
disease,
both
as
defined
in
section
411.1,
and
24
shall
be
presumed
to
have
been
contracted
while
on
active
duty
25
as
a
result
of
that
duty.
26
2.
a.
Cities
may
fund
the
cost
of
the
hospital,
nursing,
27
and
medical
attention
required
by
this
section
through
the
28
purchase
of
insurance,
by
self-insuring
the
obligation,
or
29
through
payment
of
moneys
into
a
local
government
risk
pool
30
established
for
the
purpose
of
covering
the
costs
associated
31
with
the
requirements
of
this
section
.
However,
the
cost
of
32
the
hospital,
nursing,
and
medical
attention
required
by
this
33
section
shall
not
be
funded
through
an
employee-paid
health
34
insurance
policy.
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687
b.
A
member
or
beneficiary
shall
not
be
required
to
pay
the
1
cost
of
the
hospital,
nursing,
and
medical
attention
required
2
by
this
section,
including
but
not
limited
to
any
costs
3
or
premiums
associated
with
any
insurance
policy
providing
4
coverage
for
the
hospital,
nursing,
and
medical
attention.
5
c.
The
cost
of
the
hospital,
nursing,
and
medical
attention
6
required
by
this
section
shall
be
paid
from
moneys
held
in
a
7
trust
and
agency
fund
established
pursuant
to
section
384.6
,
8
or
out
of
the
appropriation
for
the
department
to
which
the
9
injured
person
belongs
or
belonged;
provided
that
any
amounts
10
received
by
the
injured
person
from
any
other
source
for
such
11
specific
purposes,
shall
be
deducted
from
the
amount
paid
by
12
the
city
under
the
provisions
of
this
section
.
13
3.
a.
For
purposes
of
this
subsection,
“date
of
the
14
occurrence
of
the
injury
or
disease”
means
the
date
that
the
15
member
or
beneficiary
knew
or
should
have
known
that
the
injury
16
or
disease
was
work-related.
17
b.
To
be
provided
the
cost
of
the
hospital,
nursing,
and
18
medical
attention
required
by
this
section,
the
city
or
the
19
city’s
representative
shall
have
actual
knowledge
of
the
20
occurrence
of
an
injury
or
disease
or
be
provided
notice
of
the
21
occurrence
of
an
injury
or
disease
on
behalf
of
a
member
or
22
beneficiary
within
ninety
days
from
the
date
of
the
occurrence
23
of
the
injury
or
disease.
24
c.
(1)
Except
as
provided
in
subparagraph
(2),
an
action
25
to
require
the
city
to
provide
the
cost
of
hospital,
nursing,
26
and
medical
attention
required
by
this
section
shall
not
be
27
maintained
unless
the
action
is
commenced
before
the
later
of
28
any
of
the
following:
29
(a)
Two
years
from
the
date
of
the
occurrence
of
the
injury
30
or
disease.
31
(b)
Two
years
from
the
date
the
city
denies
a
claim
to
32
provide
hospital,
nursing,
and
medical
attention
required
by
33
this
section.
34
(2)
A
city
shall
not
be
responsible
for
any
claim
or
action
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