97B.50A DISABILITY BENEFITS FOR SPECIAL SERVICE
MEMBERS.
1. Definitions. For purposes of this section, unless the
context otherwise provides:
a. "Member" means a vested member who is classified as a
special service member under section 97B.1A, subsection 22, at the
time of the alleged disability. "Member" does not mean a
volunteer fire fighter.
b. "Net disability retirement allowance" means the amount
determined by subtracting the amount paid during the previous
calendar year by the member for health insurance or similar health
care coverage for the member and the member's dependents from the
amount of the member's disability retirement allowance, including any
dividends and distributions from supplemental accounts, paid for that
year pursuant to this section.
c. "Reemployment comparison amount" means an amount equal to
the current covered wages of an active special service member at the
same position on the salary scale within the rank or position the
member held at the time the member received a disability retirement
allowance pursuant to this section. If the rank or position held by
the member at the time of retirement pursuant to this section is
abolished, the amount shall be computed by the system as though the
rank or position had not been abolished and salary increases had been
granted on the same basis as granted to other ranks or positions by
the former employer of the member. The reemployment comparison
amount shall not be less than the three-year average covered wage of
the member, based on all regular and special service covered under
this chapter.
2. In-service disability retirement allowance.a. A member who is injured in the performance of the member's
duties, and otherwise meets the requirements of this subsection,
shall receive an in-service disability retirement allowance under
this subsection, in lieu of a monthly retirement allowance as
provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G,
as applicable.
b. Upon application of a member, a member who has become
totally and permanently incapacitated for duty in the member's
special service occupation as the natural and proximate result of an
injury, disease, or exposure occurring or aggravated while in the
actual performance of duty at some definite place and time shall be
eligible to retire under this subsection, provided that the medical
board, as established by this section, shall certify that the member
is mentally or physically incapacitated for further performance of
duty, that the incapacity is likely to be permanent, and that the
member should be retired. The system shall make the final
determination, based on the medical evidence received, of a member's
total and permanent disability. However, if a person's special
service membership in the retirement system first commenced on or
after July 1, 2000, the member shall not be eligible for benefits
with respect to a disability which would not exist but for a medical
condition that was known to exist on the date that membership
commenced. A member who is denied a benefit under this subsection,
by reason of a finding by the system that the member is not mentally
or physically incapacitated for the further performance of duty,
shall be entitled to be restored to active service in the same or
comparable special service occupation position held by the member
immediately prior to the application for disability benefits.
c. Disease under this subsection shall mean heart disease or
any disease of the lungs or respiratory tract and shall be presumed
to have been contracted while on active duty as a result of strain,
exposure, or the inhalation of noxious fumes, poison, or gases.
However, if a person's special service membership in the retirement
system first commenced on or after July 1, 2000, and the heart
disease or disease of the lungs or respiratory tract would not exist,
but for a medical condition that was known to exist on the date that
special service membership commenced, the presumption established in
this paragraph shall not apply.
d. Upon retirement for an in-service disability as provided
by this subsection, a member shall have the option to receive a
monthly in-service disability retirement allowance calculated under
this subsection or a monthly retirement allowance as provided in
section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
applicable, that the member would receive if the member had attained
fifty-five years of age. The monthly in-service disability allowance
calculated under this subsection shall consist of an allowance equal
to one-twelfth of sixty percent of the member's three-year average
covered wage or its actuarial equivalent as provided under section
97B.51.
3. Ordinary disability retirement allowance.a. A member who otherwise meets the requirements of this
subsection shall receive an ordinary disability retirement allowance
under this subsection in lieu of a monthly retirement allowance as
provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G,
as applicable.
b. Upon application of a member, a member who has become
totally and permanently incapacitated for duty in the member's
special service occupation shall be eligible to retire under this
subsection, provided that the medical board, as established by this
section, shall certify that the member is mentally or physically
incapacitated for further performance of duty, that the incapacity is
likely to be permanent, and that the member should be retired. The
system shall make the final determination, based on the medical
evidence received, of a member's total and permanent disability.
However, if a person's special service membership in the retirement
system first commenced on or after July 1, 2000, the member shall not
be eligible for benefits with respect to a disability which would not
exist, but for a medical condition that was known to exist on the
date that special service membership commenced. A member who is
denied a benefit under this subsection, by reason of a finding by the
system that the member is not mentally or physically incapacitated
for the further performance of duty, shall be entitled to be restored
to active service in the same or comparable special service
occupation position held by the member immediately prior to the
application for disability benefits.
c. Upon retirement for an ordinary disability as provided by
this subsection, a member shall receive the greater of a monthly
ordinary disability retirement allowance calculated under this
subsection or a monthly retirement allowance as provided in section
97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as applicable. The
monthly ordinary disability allowance calculated under this
subsection shall consist of an allowance equal to one-twelfth of
fifty percent of the member's three-year average covered wage or its
actuarial equivalent as provided under section 97B.51.
4. Waiver of allowance. A member receiving a disability
retirement allowance under this section may file an application to
receive benefits pursuant to section 97B.50, subsection 2, in lieu of
receiving a disability retirement allowance under this section, if
the member becomes eligible for benefits under section 97B.50,
subsection 2. An application to receive benefits pursuant to section
97B.50, subsection 2, shall be filed with the system within sixty
days after the member becomes eligible for benefits pursuant to that
section or the member shall be ineligible to elect coverage under
that section. On the first of the month following the month in which
a member's application is approved by the system, the member's
election of coverage under section 97B.50, subsection 2, shall become
effective and the member's eligibility to receive a disability
retirement allowance pursuant to this section shall cease. Benefits
payable pursuant to section 97B.50, subsection 2, shall be calculated
using the option choice the member selected for payment of a
disability retirement allowance pursuant to this section. An
application to elect coverage under section 97B.50, subsection 2, is
irrevocable upon approval by the system.
5. Offset to allowance. Notwithstanding any provisions to
the contrary in state law, or any applicable contract or policy, any
amounts which may be paid or payable by the employer under any
workers' compensation, unemployment compensation, employer-paid
disability plan, program, or policy, or other law to a member, and
any disability payments the member receives pursuant to the federal
Social Security Act, 42 U.S.C. § 423 et seq., shall be offset against
and payable in lieu of any retirement allowance payable pursuant to
this section on account of the same disability.
6. Reexamination of members retired on account of disability.a. Once each year during the first five years following the
retirement of a member under this section, and once in every
three-year period thereafter, the system may, and upon the member's
application shall, require any member receiving an in-service or
ordinary disability retirement allowance who has not yet attained the
age of fifty-five years to undergo a medical examination as arranged
by the medical board as established by this section. The examination
shall be made by the medical board or by an additional physician or
physicians designated by the medical board. If any member receiving
an in-service or ordinary disability retirement allowance who has not
attained the age of fifty-five years refuses to submit to the medical
examination, the allowance may be discontinued until the member's
withdrawal of the refusal, and should the member's refusal continue
for one year, all rights in and to the member's disability retirement
allowance shall be revoked by the system.
b. If a member is determined under paragraph "a" to be no
longer eligible for in-service or ordinary disability benefits, all
benefits paid under this section shall cease. The member shall be
eligible to receive benefits calculated under section 97B.49B or
97B.49C, as applicable, when the member reaches age fifty-five.
7. Reemployment.a. If a member receiving a disability retirement allowance is
returned to covered employment, the member's disability retirement
allowance shall cease, the member shall again become an active
member, and shall contribute thereafter at the same rate payable by
similarly classified members. If a member receiving a disability
retirement allowance returns to special service employment, then the
period of time the member received a disability retirement allowance
shall constitute eligible service as defined in section 97B.49B,
subsection 1, or section 97B.49C, subsection 1, as applicable. Upon
subsequent retirement, the member's retirement allowance shall be
calculated as provided in section 97B.48A.
b. (1) If a member receiving a disability retirement
allowance is engaged in a gainful occupation that is not covered
employment, the member's disability retirement allowance shall be
reduced, if applicable, as provided in this paragraph.
(2) If the member is engaged in a gainful occupation paying more
than the difference between the member's net disability retirement
allowance and one and one-half times the reemployment comparison
amount for that member, then the amount of the member's disability
retirement allowance shall be reduced to an amount such that the
member's net disability retirement allowance plus the amount earned
by the member shall equal one and one-half times the reemployment
comparison amount for that member.
(3) The member shall submit sufficient documentation to the
system to permit the system to determine the member's net disability
retirement allowance and earnings from a gainful occupation that is
not covered employment for the applicable year.
(4) This paragraph does not apply to a member who is at least
fifty-five years of age and would have completed a sufficient number
of years of service if the member had remained in active special
service employment. For purposes of this subparagraph, a sufficient
number of years of service shall be the applicable years of service
for a special service member as described in section 97B.49B or
twenty-two for a special service member as described in section
97B.49C.
8. Death benefits. A member who is receiving an in-service
or ordinary disability retirement allowance under this section shall
be treated as having elected a lifetime monthly retirement allowance
with death benefits payable under section 97B.52, subsection 3,
unless the member elects an optional form of benefit provided under
section 97B.51, which shall be actuarially equivalent to the lifetime
monthly retirement allowance provided under this section.
9. Medical board. The system shall designate a medical board
to be composed of three physicians from the university of Iowa
hospitals and clinics who shall arrange for and pass upon the medical
examinations required under this section and shall report in writing
to the system the conclusions and recommendations upon all matters
duly referred to the medical board. Each report of a medical
examination under this section shall include the medical board's
findings as to the extent of the member's physical or mental
impairment. Except as required by this section, each report shall be
confidential and shall be maintained in accordance with the federal
Americans With Disabilities Act, and any other state or federal law
containing requirements for confidentiality of medical records.
10. Liability of third parties -- subrogation.a. If a member receives an injury for which benefits are
payable under this section, and if the injury is caused under
circumstances creating a legal liability for damages against a third
party other than the system, the member or the member's legal
representative may maintain an action for damages against the third
party. If a member or a member's legal representative commences such
an action, the plaintiff member or representative shall serve a copy
of the original notice upon the system not less than ten days before
the trial of the action, but a failure to serve the notice does not
prejudice the rights of the system, and the following rights and
duties ensue:
(1) The system shall be indemnified out of the recovery of
damages to the extent of benefit payments made by the retirement
system, with legal interest, except that the plaintiff member's
attorney fees may be first allowed by the district court.
(2) The system has a lien on the damage claim against the third
party and on any judgment on the damage claim for benefits for which
the retirement system is liable. In order to continue and preserve
the lien, the system shall file a notice of the lien within thirty
days after receiving a copy of the original notice in the office of
the clerk of the district court in which the action is filed.
b. If a member fails to bring an action for damages against a
third party within thirty days after the system requests the member
in writing to do so, the system is subrogated to the rights of the
member and may maintain the action against the third party, and may
recover damages for the injury to the same extent that the member may
recover damages for the injury. If the system recovers damages in
the action, the court shall enter judgment for distribution of the
recovery as follows:
(1) A sum sufficient to repay the system for the amount of such
benefits actually paid by the retirement system up to the time of the
entering of the judgment.
(2) A sum sufficient to pay the system the present worth,
computed at the interest rate provided in section 535.3 for court
judgments and decrees, of the future payments of such benefits for
which the retirement system is liable, but the sum is not a final
adjudication of the future payment which the member is entitled to
receive.
(3) Any balance shall be paid to the member.
c. Before a settlement is effective between the system and a
third party who is liable for any injury, the member must consent in
writing to the settlement; and if the settlement is between the
member and a third party, the system must consent in writing to the
settlement; or on refusal to consent, in either case, the district
court in the county in which either the employer of the member or the
system is located must consent in writing to the settlement.
d. For purposes of subrogation under this section, a payment
made to an injured member or the member's legal representative, by or
on behalf of a third party or the third party's principal or agent,
who is liable for, connected with, or involved in causing the injury
to the member, shall be considered paid as damages because the injury
was caused under circumstances creating a legal liability against the
third party, whether the payment is made under a covenant not to sue,
compromise settlement, denial of liability, or is otherwise made.
11. Document submissions. A member retired under this
section, in order to be eligible for continued receipt of retirement
benefits, shall submit to the system any documentation the system may
reasonably request which will provide information needed to determine
payments to the member under this section.
12. Contributions. The expenses incurred in the
administration of this section by the system shall be paid through
contributions as determined pursuant to section 97B.49B, subsection
3, or section 97B.49C, subsection 3, as applicable.
13. Applicability -- retroactivity.a. This section applies to a member who becomes disabled on
or after July 1, 2000, and also applies to a member who becomes
disabled prior to July 1, 2000, if the member has not terminated
special service employment as of June 30, 2000.
b. To qualify for benefits under this section, a member must
file a completed application with the system within one year of the
member's termination of employment. A member eligible for a
disability retirement allowance under this section is entitled to
receipt of retroactive adjustment payments for no more than six
months immediately preceding the month in which the completed
application for receipt of a disability retirement allowance under
this section is approved.
14. Rules. The system shall adopt rules pursuant to chapter
17A specifying the application procedure for members pursuant to this
section.
97B.50A DISABILITY BENEFITS FOR SPECIAL SERVICE
MEMBERS.
1. Definitions. For purposes of this section, unless the
context otherwise provides:
a. "Member" means a vested member who is classified as a
special service member under section 97B.1A, subsection 22, at the
time of the alleged disability. "Member" does not mean a
volunteer fire fighter.
b. "Net disability retirement allowance" means the amount
determined by subtracting the amount paid during the previous
calendar year by the member for health insurance or similar health
care coverage for the member and the member's dependents from the
amount of the member's disability retirement allowance, including any
dividends and distributions from supplemental accounts, paid for that
year pursuant to this section.
c. "Reemployment comparison amount" means an amount equal to
the current covered wages of an active special service member at the
same position on the salary scale within the rank or position the
member held at the time the member received a disability retirement
allowance pursuant to this section. If the rank or position held by
the member at the time of retirement pursuant to this section is
abolished, the amount shall be computed by the system as though the
rank or position had not been abolished and salary increases had been
granted on the same basis as granted to other ranks or positions by
the former employer of the member. The reemployment comparison
amount shall not be less than the three-year average covered wage of
the member, based on all regular and special service covered under
this chapter.
2. In-service disability retirement allowance.a. A member who is injured in the performance of the member's
duties, and otherwise meets the requirements of this subsection,
shall receive an in-service disability retirement allowance under
this subsection, in lieu of a monthly retirement allowance as
provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G,
as applicable.
b. Upon application of a member, a member who has become
totally and permanently incapacitated for duty in the member's
special service occupation as the natural and proximate result of an
injury, disease, or exposure occurring or aggravated while in the
actual performance of duty at some definite place and time shall be
eligible to retire under this subsection, provided that the medical
board, as established by this section, shall certify that the member
is mentally or physically incapacitated for further performance of
duty, that the incapacity is likely to be permanent, and that the
member should be retired. The system shall make the final
determination, based on the medical evidence received, of a member's
total and permanent disability. However, if a person's special
service membership in the retirement system first commenced on or
after July 1, 2000, the member shall not be eligible for benefits
with respect to a disability which would not exist but for a medical
condition that was known to exist on the date that membership
commenced. A member who is denied a benefit under this subsection,
by reason of a finding by the system that the member is not mentally
or physically incapacitated for the further performance of duty,
shall be entitled to be restored to active service in the same or
comparable special service occupation position held by the member
immediately prior to the application for disability benefits.
c. Disease under this subsection shall mean heart disease or
any disease of the lungs or respiratory tract and shall be presumed
to have been contracted while on active duty as a result of strain,
exposure, or the inhalation of noxious fumes, poison, or gases.
However, if a person's special service membership in the retirement
system first commenced on or after July 1, 2000, and the heart
disease or disease of the lungs or respiratory tract would not exist,
but for a medical condition that was known to exist on the date that
special service membership commenced, the presumption established in
this paragraph shall not apply.
d. Upon retirement for an in-service disability as provided
by this subsection, a member shall have the option to receive a
monthly in-service disability retirement allowance calculated under
this subsection or a monthly retirement allowance as provided in
section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
applicable, that the member would receive if the member had attained
fifty-five years of age. The monthly in-service disability allowance
calculated under this subsection shall consist of an allowance equal
to one-twelfth of sixty percent of the member's three-year average
covered wage or its actuarial equivalent as provided under section
97B.51.
3. Ordinary disability retirement allowance.a. A member who otherwise meets the requirements of this
subsection shall receive an ordinary disability retirement allowance
under this subsection in lieu of a monthly retirement allowance as
provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G,
as applicable.
b. Upon application of a member, a member who has become
totally and permanently incapacitated for duty in the member's
special service occupation shall be eligible to retire under this
subsection, provided that the medical board, as established by this
section, shall certify that the member is mentally or physically
incapacitated for further performance of duty, that the incapacity is
likely to be permanent, and that the member should be retired. The
system shall make the final determination, based on the medical
evidence received, of a member's total and permanent disability.
However, if a person's special service membership in the retirement
system first commenced on or after July 1, 2000, the member shall not
be eligible for benefits with respect to a disability which would not
exist, but for a medical condition that was known to exist on the
date that special service membership commenced. A member who is
denied a benefit under this subsection, by reason of a finding by the
system that the member is not mentally or physically incapacitated
for the further performance of duty, shall be entitled to be restored
to active service in the same or comparable special service
occupation position held by the member immediately prior to the
application for disability benefits.
c. Upon retirement for an ordinary disability as provided by
this subsection, a member shall receive the greater of a monthly
ordinary disability retirement allowance calculated under this
subsection or a monthly retirement allowance as provided in section
97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as applicable. The
monthly ordinary disability allowance calculated under this
subsection shall consist of an allowance equal to one-twelfth of
fifty percent of the member's three-year average covered wage or its
actuarial equivalent as provided under section 97B.51.
4. Waiver of allowance. A member receiving a disability
retirement allowance under this section may file an application to
receive benefits pursuant to section 97B.50, subsection 2, in lieu of
receiving a disability retirement allowance under this section, if
the member becomes eligible for benefits under section 97B.50,
subsection 2. An application to receive benefits pursuant to section
97B.50, subsection 2, shall be filed with the system within sixty
days after the member becomes eligible for benefits pursuant to that
section or the member shall be ineligible to elect coverage under
that section. On the first of the month following the month in which
a member's application is approved by the system, the member's
election of coverage under section 97B.50, subsection 2, shall become
effective and the member's eligibility to receive a disability
retirement allowance pursuant to this section shall cease. Benefits
payable pursuant to section 97B.50, subsection 2, shall be calculated
using the option choice the member selected for payment of a
disability retirement allowance pursuant to this section. An
application to elect coverage under section 97B.50, subsection 2, is
irrevocable upon approval by the system.
5. Offset to allowance. Notwithstanding any provisions to
the contrary in state law, or any applicable contract or policy, any
amounts which may be paid or payable by the employer under any
workers' compensation, unemployment compensation, employer-paid
disability plan, program, or policy, or other law to a member, and
any disability payments the member receives pursuant to the federal
Social Security Act, 42 U.S.C. § 423 et seq., shall be offset against
and payable in lieu of any retirement allowance payable pursuant to
this section on account of the same disability.
6. Reexamination of members retired on account of disability.a. Once each year during the first five years following the
retirement of a member under this section, and once in every
three-year period thereafter, the system may, and upon the member's
application shall, require any member receiving an in-service or
ordinary disability retirement allowance who has not yet attained the
age of fifty-five years to undergo a medical examination as arranged
by the medical board as established by this section. The examination
shall be made by the medical board or by an additional physician or
physicians designated by the medical board. If any member receiving
an in-service or ordinary disability retirement allowance who has not
attained the age of fifty-five years refuses to submit to the medical
examination, the allowance may be discontinued until the member's
withdrawal of the refusal, and should the member's refusal continue
for one year, all rights in and to the member's disability retirement
allowance shall be revoked by the system.
b. If a member is determined under paragraph "a" to be no
longer eligible for in-service or ordinary disability benefits, all
benefits paid under this section shall cease. The member shall be
eligible to receive benefits calculated under section 97B.49B or
97B.49C, as applicable, when the member reaches age fifty-five.
7. Reemployment.a. If a member receiving a disability retirement allowance is
returned to covered employment, the member's disability retirement
allowance shall cease, the member shall again become an active
member, and shall contribute thereafter at the same rate payable by
similarly classified members. If a member receiving a disability
retirement allowance returns to special service employment, then the
period of time the member received a disability retirement allowance
shall constitute eligible service as defined in section 97B.49B,
subsection 1, or section 97B.49C, subsection 1, as applicable. Upon
subsequent retirement, the member's retirement allowance shall be
calculated as provided in section 97B.48A.
b. (1) If a member receiving a disability retirement
allowance is engaged in a gainful occupation that is not covered
employment, the member's disability retirement allowance shall be
reduced, if applicable, as provided in this paragraph.
(2) If the member is engaged in a gainful occupation paying more
than the difference between the member's net disability retirement
allowance and one and one-half times the reemployment comparison
amount for that member, then the amount of the member's disability
retirement allowance shall be reduced to an amount such that the
member's net disability retirement allowance plus the amount earned
by the member shall equal one and one-half times the reemployment
comparison amount for that member.
(3) The member shall submit sufficient documentation to the
system to permit the system to determine the member's net disability
retirement allowance and earnings from a gainful occupation that is
not covered employment for the applicable year.
(4) This paragraph does not apply to a member who is at least
fifty-five years of age and would have completed a sufficient number
of years of service if the member had remained in active special
service employment. For purposes of this subparagraph, a sufficient
number of years of service shall be the applicable years of service
for a special service member as described in section 97B.49B or
twenty-two for a special service member as described in section
97B.49C.
8. Death benefits. A member who is receiving an in-service
or ordinary disability retirement allowance under this section shall
be treated as having elected a lifetime monthly retirement allowance
with death benefits payable under section 97B.52, subsection 3,
unless the member elects an optional form of benefit provided under
section 97B.51, which shall be actuarially equivalent to the lifetime
monthly retirement allowance provided under this section.
9. Medical board. The system shall designate a medical board
to be composed of three physicians from the university of Iowa
hospitals and clinics who shall arrange for and pass upon the medical
examinations required under this section and shall report in writing
to the system the conclusions and recommendations upon all matters
duly referred to the medical board. Each report of a medical
examination under this section shall include the medical board's
findings as to the extent of the member's physical or mental
impairment. Except as required by this section, each report shall be
confidential and shall be maintained in accordance with the federal
Americans With Disabilities Act, and any other state or federal law
containing requirements for confidentiality of medical records.
10. Liability of third parties -- subrogation.a. If a member receives an injury for which benefits are
payable under this section, and if the injury is caused under
circumstances creating a legal liability for damages against a third
party other than the system, the member or the member's legal
representative may maintain an action for damages against the third
party. If a member or a member's legal representative commences such
an action, the plaintiff member or representative shall serve a copy
of the original notice upon the system not less than ten days before
the trial of the action, but a failure to serve the notice does not
prejudice the rights of the system, and the following rights and
duties ensue:
(1) The system shall be indemnified out of the recovery of
damages to the extent of benefit payments made by the retirement
system, with legal interest, except that the plaintiff member's
attorney fees may be first allowed by the district court.
(2) The system has a lien on the damage claim against the third
party and on any judgment on the damage claim for benefits for which
the retirement system is liable. In order to continue and preserve
the lien, the system shall file a notice of the lien within thirty
days after receiving a copy of the original notice in the office of
the clerk of the district court in which the action is filed.
b. If a member fails to bring an action for damages against a
third party within thirty days after the system requests the member
in writing to do so, the system is subrogated to the rights of the
member and may maintain the action against the third party, and may
recover damages for the injury to the same extent that the member may
recover damages for the injury. If the system recovers damages in
the action, the court shall enter judgment for distribution of the
recovery as follows:
(1) A sum sufficient to repay the system for the amount of such
benefits actually paid by the retirement system up to the time of the
entering of the judgment.
(2) A sum sufficient to pay the system the present worth,
computed at the interest rate provided in section 535.3 for court
judgments and decrees, of the future payments of such benefits for
which the retirement system is liable, but the sum is not a final
adjudication of the future payment which the member is entitled to
receive.
(3) Any balance shall be paid to the member.
c. Before a settlement is effective between the system and a
third party who is liable for any injury, the member must consent in
writing to the settlement; and if the settlement is between the
member and a third party, the system must consent in writing to the
settlement; or on refusal to consent, in either case, the district
court in the county in which either the employer of the member or the
system is located must consent in writing to the settlement.
d. For purposes of subrogation under this section, a payment
made to an injured member or the member's legal representative, by or
on behalf of a third party or the third party's principal or agent,
who is liable for, connected with, or involved in causing the injury
to the member, shall be considered paid as damages because the injury
was caused under circumstances creating a legal liability against the
third party, whether the payment is made under a covenant not to sue,
compromise settlement, denial of liability, or is otherwise made.
11. Document submissions. A member retired under this
section, in order to be eligible for continued receipt of retirement
benefits, shall submit to the system any documentation the system may
reasonably request which will provide information needed to determine
payments to the member under this section.
12. Contributions. The expenses incurred in the
administration of this section by the system shall be paid through
contributions as determined pursuant to section 97B.49B, subsection
3, or section 97B.49C, subsection 3, as applicable.
13. Applicability -- retroactivity.a. This section applies to a member who becomes disabled on
or after July 1, 2000, and also applies to a member who becomes
disabled prior to July 1, 2000, if the member has not terminated
special service employment as of June 30, 2000.
b. To qualify for benefits under this section, a member must
file a completed application with the system within one year of the
member's termination of employment. A member eligible for a
disability retirement allowance under this section is entitled to
receipt of retroactive adjustment payments for no more than six
months immediately preceding the month in which the completed
application for receipt of a disability retirement allowance under
this section is approved.
14. Rules. The system shall adopt rules pursuant to chapter
17A specifying the application procedure for members pursuant to this
section.
97B.50A DISABILITY BENEFITS FOR SPECIAL SERVICE
MEMBERS.
1. Definitions. For purposes of this section, unless the
context otherwise provides:
a. "Member" means a vested member who is classified as a
special service member under section 97B.1A, subsection 22, at the
time of the alleged disability. "Member" does not mean a
volunteer fire fighter.
b. "Net disability retirement allowance" means the amount
determined by subtracting the amount paid during the previous
calendar year by the member for health insurance or similar health
care coverage for the member and the member's dependents from the
amount of the member's disability retirement allowance, including any
dividends and distributions from supplemental accounts, paid for that
year pursuant to this section.
c. "Reemployment comparison amount" means an amount equal to
the current covered wages of an active special service member at the
same position on the salary scale within the rank or position the
member held at the time the member received a disability retirement
allowance pursuant to this section. If the rank or position held by
the member at the time of retirement pursuant to this section is
abolished, the amount shall be computed by the system as though the
rank or position had not been abolished and salary increases had been
granted on the same basis as granted to other ranks or positions by
the former employer of the member. The reemployment comparison
amount shall not be less than the three-year average covered wage of
the member, based on all regular and special service covered under
this chapter.
2. In-service disability retirement allowance.a. A member who is injured in the performance of the member's
duties, and otherwise meets the requirements of this subsection,
shall receive an in-service disability retirement allowance under
this subsection, in lieu of a monthly retirement allowance as
provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G,
as applicable.
b. Upon application of a member, a member who has become
totally and permanently incapacitated for duty in the member's
special service occupation as the natural and proximate result of an
injury, disease, or exposure occurring or aggravated while in the
actual performance of duty at some definite place and time shall be
eligible to retire under this subsection, provided that the medical
board, as established by this section, shall certify that the member
is mentally or physically incapacitated for further performance of
duty, that the incapacity is likely to be permanent, and that the
member should be retired. The system shall make the final
determination, based on the medical evidence received, of a member's
total and permanent disability. However, if a person's special
service membership in the retirement system first commenced on or
after July 1, 2000, the member shall not be eligible for benefits
with respect to a disability which would not exist but for a medical
condition that was known to exist on the date that membership
commenced. A member who is denied a benefit under this subsection,
by reason of a finding by the system that the member is not mentally
or physically incapacitated for the further performance of duty,
shall be entitled to be restored to active service in the same or
comparable special service occupation position held by the member
immediately prior to the application for disability benefits.
c. Disease under this subsection shall mean heart disease or
any disease of the lungs or respiratory tract and shall be presumed
to have been contracted while on active duty as a result of strain,
exposure, or the inhalation of noxious fumes, poison, or gases.
However, if a person's special service membership in the retirement
system first commenced on or after July 1, 2000, and the heart
disease or disease of the lungs or respiratory tract would not exist,
but for a medical condition that was known to exist on the date that
special service membership commenced, the presumption established in
this paragraph shall not apply.
d. Upon retirement for an in-service disability as provided
by this subsection, a member shall have the option to receive a
monthly in-service disability retirement allowance calculated under
this subsection or a monthly retirement allowance as provided in
section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as
applicable, that the member would receive if the member had attained
fifty-five years of age. The monthly in-service disability allowance
calculated under this subsection shall consist of an allowance equal
to one-twelfth of sixty percent of the member's three-year average
covered wage or its actuarial equivalent as provided under section
97B.51.
3. Ordinary disability retirement allowance.a. A member who otherwise meets the requirements of this
subsection shall receive an ordinary disability retirement allowance
under this subsection in lieu of a monthly retirement allowance as
provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G,
as applicable.
b. Upon application of a member, a member who has become
totally and permanently incapacitated for duty in the member's
special service occupation shall be eligible to retire under this
subsection, provided that the medical board, as established by this
section, shall certify that the member is mentally or physically
incapacitated for further performance of duty, that the incapacity is
likely to be permanent, and that the member should be retired. The
system shall make the final determination, based on the medical
evidence received, of a member's total and permanent disability.
However, if a person's special service membership in the retirement
system first commenced on or after July 1, 2000, the member shall not
be eligible for benefits with respect to a disability which would not
exist, but for a medical condition that was known to exist on the
date that special service membership commenced. A member who is
denied a benefit under this subsection, by reason of a finding by the
system that the member is not mentally or physically incapacitated
for the further performance of duty, shall be entitled to be restored
to active service in the same or comparable special service
occupation position held by the member immediately prior to the
application for disability benefits.
c. Upon retirement for an ordinary disability as provided by
this subsection, a member shall receive the greater of a monthly
ordinary disability retirement allowance calculated under this
subsection or a monthly retirement allowance as provided in section
97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as applicable. The
monthly ordinary disability allowance calculated under this
subsection shall consist of an allowance equal to one-twelfth of
fifty percent of the member's three-year average covered wage or its
actuarial equivalent as provided under section 97B.51.
4. Waiver of allowance. A member receiving a disability
retirement allowance under this section may file an application to
receive benefits pursuant to section 97B.50, subsection 2, in lieu of
receiving a disability retirement allowance under this section, if
the member becomes eligible for benefits under section 97B.50,
subsection 2. An application to receive benefits pursuant to section
97B.50, subsection 2, shall be filed with the system within sixty
days after the member becomes eligible for benefits pursuant to that
section or the member shall be ineligible to elect coverage under
that section. On the first of the month following the month in which
a member's application is approved by the system, the member's
election of coverage under section 97B.50, subsection 2, shall become
effective and the member's eligibility to receive a disability
retirement allowance pursuant to this section shall cease. Benefits
payable pursuant to section 97B.50, subsection 2, shall be calculated
using the option choice the member selected for payment of a
disability retirement allowance pursuant to this section. An
application to elect coverage under section 97B.50, subsection 2, is
irrevocable upon approval by the system.
5. Offset to allowance. Notwithstanding any provisions to
the contrary in state law, or any applicable contract or policy, any
amounts which may be paid or payable by the employer under any
workers' compensation, unemployment compensation, employer-paid
disability plan, program, or policy, or other law to a member, and
any disability payments the member receives pursuant to the federal
Social Security Act, 42 U.S.C. § 423 et seq., shall be offset against
and payable in lieu of any retirement allowance payable pursuant to
this section on account of the same disability.
6. Reexamination of members retired on account of disability.a. Once each year during the first five years following the
retirement of a member under this section, and once in every
three-year period thereafter, the system may, and upon the member's
application shall, require any member receiving an in-service or
ordinary disability retirement allowance who has not yet attained the
age of fifty-five years to undergo a medical examination as arranged
by the medical board as established by this section. The examination
shall be made by the medical board or by an additional physician or
physicians designated by the medical board. If any member receiving
an in-service or ordinary disability retirement allowance who has not
attained the age of fifty-five years refuses to submit to the medical
examination, the allowance may be discontinued until the member's
withdrawal of the refusal, and should the member's refusal continue
for one year, all rights in and to the member's disability retirement
allowance shall be revoked by the system.
b. If a member is determined under paragraph "a" to be no
longer eligible for in-service or ordinary disability benefits, all
benefits paid under this section shall cease. The member shall be
eligible to receive benefits calculated under section 97B.49B or
97B.49C, as applicable, when the member reaches age fifty-five.
7. Reemployment.a. If a member receiving a disability retirement allowance is
returned to covered employment, the member's disability retirement
allowance shall cease, the member shall again become an active
member, and shall contribute thereafter at the same rate payable by
similarly classified members. If a member receiving a disability
retirement allowance returns to special service employment, then the
period of time the member received a disability retirement allowance
shall constitute eligible service as defined in section 97B.49B,
subsection 1, or section 97B.49C, subsection 1, as applicable. Upon
subsequent retirement, the member's retirement allowance shall be
calculated as provided in section 97B.48A.
b. (1) If a member receiving a disability retirement
allowance is engaged in a gainful occupation that is not covered
employment, the member's disability retirement allowance shall be
reduced, if applicable, as provided in this paragraph.
(2) If the member is engaged in a gainful occupation paying more
than the difference between the member's net disability retirement
allowance and one and one-half times the reemployment comparison
amount for that member, then the amount of the member's disability
retirement allowance shall be reduced to an amount such that the
member's net disability retirement allowance plus the amount earned
by the member shall equal one and one-half times the reemployment
comparison amount for that member.
(3) The member shall submit sufficient documentation to the
system to permit the system to determine the member's net disability
retirement allowance and earnings from a gainful occupation that is
not covered employment for the applicable year.
(4) This paragraph does not apply to a member who is at least
fifty-five years of age and would have completed a sufficient number
of years of service if the member had remained in active special
service employment. For purposes of this subparagraph, a sufficient
number of years of service shall be the applicable years of service
for a special service member as described in section 97B.49B or
twenty-two for a special service member as described in section
97B.49C.
8. Death benefits. A member who is receiving an in-service
or ordinary disability retirement allowance under this section shall
be treated as having elected a lifetime monthly retirement allowance
with death benefits payable under section 97B.52, subsection 3,
unless the member elects an optional form of benefit provided under
section 97B.51, which shall be actuarially equivalent to the lifetime
monthly retirement allowance provided under this section.
9. Medical board. The system shall designate a medical board
to be composed of three physicians from the university of Iowa
hospitals and clinics who shall arrange for and pass upon the medical
examinations required under this section and shall report in writing
to the system the conclusions and recommendations upon all matters
duly referred to the medical board. Each report of a medical
examination under this section shall include the medical board's
findings as to the extent of the member's physical or mental
impairment. Except as required by this section, each report shall be
confidential and shall be maintained in accordance with the federal
Americans With Disabilities Act, and any other state or federal law
containing requirements for confidentiality of medical records.
10. Liability of third parties -- subrogation.a. If a member receives an injury for which benefits are
payable under this section, and if the injury is caused under
circumstances creating a legal liability for damages against a third
party other than the system, the member or the member's legal
representative may maintain an action for damages against the third
party. If a member or a member's legal representative commences such
an action, the plaintiff member or representative shall serve a copy
of the original notice upon the system not less than ten days before
the trial of the action, but a failure to serve the notice does not
prejudice the rights of the system, and the following rights and
duties ensue:
(1) The system shall be indemnified out of the recovery of
damages to the extent of benefit payments made by the retirement
system, with legal interest, except that the plaintiff member's
attorney fees may be first allowed by the district court.
(2) The system has a lien on the damage claim against the third
party and on any judgment on the damage claim for benefits for which
the retirement system is liable. In order to continue and preserve
the lien, the system shall file a notice of the lien within thirty
days after receiving a copy of the original notice in the office of
the clerk of the district court in which the action is filed.
b. If a member fails to bring an action for damages against a
third party within thirty days after the system requests the member
in writing to do so, the system is subrogated to the rights of the
member and may maintain the action against the third party, and may
recover damages for the injury to the same extent that the member may
recover damages for the injury. If the system recovers damages in
the action, the court shall enter judgment for distribution of the
recovery as follows:
(1) A sum sufficient to repay the system for the amount of such
benefits actually paid by the retirement system up to the time of the
entering of the judgment.
(2) A sum sufficient to pay the system the present worth,
computed at the interest rate provided in section 535.3 for court
judgments and decrees, of the future payments of such benefits for
which the retirement system is liable, but the sum is not a final
adjudication of the future payment which the member is entitled to
receive.
(3) Any balance shall be paid to the member.
c. Before a settlement is effective between the system and a
third party who is liable for any injury, the member must consent in
writing to the settlement; and if the settlement is between the
member and a third party, the system must consent in writing to the
settlement; or on refusal to consent, in either case, the district
court in the county in which either the employer of the member or the
system is located must consent in writing to the settlement.
d. For purposes of subrogation under this section, a payment
made to an injured member or the member's legal representative, by or
on behalf of a third party or the third party's principal or agent,
who is liable for, connected with, or involved in causing the injury
to the member, shall be considered paid as damages because the injury
was caused under circumstances creating a legal liability against the
third party, whether the payment is made under a covenant not to sue,
compromise settlement, denial of liability, or is otherwise made.
11. Document submissions. A member retired under this
section, in order to be eligible for continued receipt of retirement
benefits, shall submit to the system any documentation the system may
reasonably request which will provide information needed to determine
payments to the member under this section.
12. Contributions. The expenses incurred in the
administration of this section by the system shall be paid through
contributions as determined pursuant to section 97B.49B, subsection
3, or section 97B.49C, subsection 3, as applicable.
13. Applicability -- retroactivity.a. This section applies to a member who becomes disabled on
or after July 1, 2000, and also applies to a member who becomes
disabled prior to July 1, 2000, if the member has not terminated
special service employment as of June 30, 2000.
b. To qualify for benefits under this section, a member must
file a completed application with the system within one year of the
member's termination of employment. A member eligible for a
disability retirement allowance under this section is entitled to
receipt of retroactive adjustment payments for no more than six
months immediately preceding the month in which the completed
application for receipt of a disability retirement allowance under
this section is approved.
14. Rules. The system shall adopt rules pursuant to chapter
17A specifying the application procedure for members pursuant to this
section.
