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  9 one two 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 equal one two 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 equal one two 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