Senate File 366 - Reprinted SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1213) (As Amended and Passed by the Senate March 19, 2015) A BILL FOR 1 An Act relating to the reexamination, recalculation, and offset 2 of disability retirement benefits for beneficiaries under 3 the public safety peace officers' retirement, accident, and 4 disability system. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 366 (3) 86 ec/sc/jh PAG LIN 1 1 Section 1. Section 97A.6, subsection 7, paragraph a, 1 2 subparagraph (1), Code 2015, is amended to read as follows: 1 3 (1) Should any beneficiary for either ordinary or 1 4 accidental disability, except a beneficiary who is fifty=five 1 5 years of age or over and would have completed twenty=two years 1 6 of service if the beneficiary had remained in active service, 1 7 be engaged in a gainful occupation paying more than the 1 8 difference between the member's net retirement allowance and 1 9onetwo and one=half times the current earnable compensation 1 10 of an active member at the same position on the salary scale 1 11 within the member's rank as the member held at retirement, then 1 12 the amount of the retirement allowance shall be reduced to an 1 13 amount such that the member's net retirement allowance plus the 1 14 amount earned by the member shall equalonetwo and one=half 1 15 times the amount of the current earnable compensation of an 1 16 active member at the same position on the salary scale within 1 17 the member's rank as the member held at retirement. Should 1 18 the member's earning capacity be later changed, the amount of 1 19 the retirement allowance may be further modified, provided 1 20 that the new retirement allowance shall not exceed the amount 1 21 of the retirement allowance originally granted adjusted by 1 22 annual readjustments of pensions pursuant to subsection 14 of 1 23 this section nor an amount which would cause the member's net 1 24 retirement allowance, when added to the amount earned by the 1 25 beneficiary, to equalonetwo and one=half times the amount 1 26 of the current earnable compensation of an active member at 1 27 the same position on the salary scale within the member's rank 1 28 as the member held at retirement. A beneficiary restored 1 29 to active service at a salary less than the average final 1 30 compensation upon the basis of which the member was retired at 1 31 age fifty=five or greater, shall not again become a member of 1 32 the retirement system and shall have the member's retirement 1 33 allowance suspended while in active service. If the rank or 1 34 position held by the retired member is subsequently abolished, 1 35 adjustments to the allowable limit on the amount of income 2 1 which can be earned in a gainful occupation shall be computed 2 2 in the same manner as provided in subsection 14, paragraph "c", 2 3 of this section for readjustment of pensions when a rank or 2 4 position has been abolished. If the salary scale associated 2 5 with a member's rank at retirement is changed after the member 2 6 retires, earnable compensation for purposes of this section 2 7 shall be based upon the salary an active member currently 2 8 would receive at the same rank and with seniority equal to 2 9 that of the retired member at the time of retirement. For 2 10 purposes of this paragraph, "net retirement allowance" means 2 11 the amount determined by subtracting the amount paid during the 2 12 previous calendar year by the beneficiary for health insurance 2 13 or similar health care coverage for the beneficiary and the 2 14 beneficiary's dependents from the amount of the member's 2 15 retirement allowance paid for that year pursuant to this 2 16 chapter. The beneficiary shall submit sufficient documentation 2 17 to the board of trustees to permit the system to determine the 2 18 member's net retirement allowance for the applicable year. 2 19 Sec. 2. Section 97A.6, subsection 11, Code 2015, is amended 2 20 by striking the subsection. SF 366 (3) 86 ec/sc/jh