Bills › 89th General Assembly

HSB 54Died when the session ended · February 2, 2021

HSB 54

Topics:Families & human servicesPublic safety & emergencies

Same legislation: HF 417

Where it is now

  1. Done: IntroducedJanuary 14, 2021
  2. Done: SubcommitteeJanuary 14, 2021
  3. Done: House committeeFebruary 2, 2021
  4. Stopped: Passes the HouseDied when the General Assembly ended
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary This bill changes rules and benefits for people in Iowa's municipal fire and police retirement system. It expands the definition of infectious diseases to include certain viruses and mental disorders, and it allows some retired members to apply for different types of disability benefits. Additionally, the bill increases the amount of money employees must contribute from their paychecks to fund the retirement system.1

Read the official explanation

This bill concerns benefits to members under the municipal fire and police retirement system established under Code chapter 411.1, concerning definitions, is amended. _____ years or less. The bill also amends the definition of “member in good standing” to mean any member in service who has not been terminated by the employing city of the member. The bill also amends the definition of “infectious disease” to include blood borne contagious diseases and any other disease or virus determined to be life-threatening that has been declared a pandemic, epidemic, or public health emergency. 15A as provided in the bill.6(5), concerning accidental disability benefits, is amended to allow an ordinary disability beneficiary to make application to the retirement system for an accidental disability retirement benefit. The subsection is further amended to provide that a person is entitled to pay and allowances if determined to be temporarily incapacitated prior to an accidental disability retirement determination and for an accidental disability retirement if the person has become totally and permanently incapacitated as a result of injury and disease arising out of and in the course of the employment and by the actual performance of duty without regard to whether that actual performance of duty was at some definite time and place. The subsection is also amended to provide that disease for purposes of an accidental disability benefit also means any incapacitating mental disorder arising out of and in the course of the employment, or while acting, pursuant to order, outside the city by which the member is regularly employed. _____ equal to the disability retirement allowance previously received by the beneficiary.6(9), concerning accidental death benefits, is amended to provide that an accidental death benefit shall also be paid if the death was as a result of injury and disease arising out of and in the course of the employment or by the actual performance of duty without regard to whether that actual performance of duty was at some definite time and place.19, or other comparable process. The bill provides for the repayment of benefits paid prior to the determination of ineligibility.55 percent of pay beginning July 1, 2020.15, concerning cities’ requirement to provide hospitalization and medical attention for injuries or diseases while on duty, is amended to provide that such attention shall also be provided for injuries arising out of and in the course of employment.6, subsection 6. The Code section is further amended to provide that a member shall not be required to pay the cost of hospital, nursing, and medical attention required, including payment of any costs or premiums associated with any insurance policy providing coverage. _____ that to be provided the cost of the hospital, nursing, and medical attention, the city shall have actual knowledge of the occurrence of an injury or disease or be provided notice of the occurrence of an injury or disease on behalf of a member or beneficiary within days from the date of the occurrence of the injury or disease. The bill provides that an action to require the city to provide the cost of the hospital, nursing, and medical attention shall not be maintained unless the action is commenced within two years from the date of the occurrence of the injury or disease or two years from the date the city denies a claim to provide hospital, nursing, and medical attention, whichever last occurs.15A provides that a member of a police or fire department of a city shall be granted a leave of absence without loss of pay and benefits if the member may have been exposed to an infectious disease and is required to be quarantined. The new Code section provides that compensation provided under this Code section shall be from the city’s general fund or trust and agency fund. This new Code section takes effect upon enactment and applies retroactively to January 1, 2020.3.2, subsection 3, to this new Code section which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in this new Code section.

Full bill text2

House subcommittee

Named January 14, 2021. On January 26, 2021 it recommended amendment and passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill changes disability benefits and infectious disease protections for members of the Municipal Fire and Police Retirement System of Iowa. It is estimated that the retirement system's unfunded liability will increase by approximately $4.3 million in fiscal year 2022, and administrative costs for the system may increase by $50,000 to $100,000 annually. The cost to increase member contribution rates is approximately $656,000 in fiscal year 2022, and the fiscal impact on cities for additional medical costs and wages cannot be determined at this time.3

Read the fiscal note

Description

House File 417 concerns certain benefits under the Municipal Fire and Police Retirement System of Iowa (MFPRSI), established under Iowa Code chapter 411, and including effective dates and retroactive applicability provisions. House File 417 retroactively applies new Iowa Code sections 411.1(11) and 411.15A related to infectious diseases, quarantine, and employment rights to January 1, 2020, and takes effect upon enactment. The Bill also increases the employee contribution rate from 9.40% of pay to 9.55%.

Background

Effective July 1, 1992, 87 local fire and police retirement systems in 49 cities were consolidated into a single statewide system, commonly referred to as the 411 System. The MFPRSI is governed by a nine-member Board of Trustees and four legislative members as required by Iowa Code section 411.36. The voting members of the Board include two fire and two police representatives, four city representatives, and a private citizen.

Based on the July 1, 2020, actuarial valuation, the MFPRSI covers approximately 4,084 active members, 1,141 disabled members, 3,049 retired members and beneficiaries, and 375 vested, terminated members. The current funded ratio is 79.93%. The current actuarial accrued liability is $3.390 billion, the actuarial value of assets is $2.710 billion, and the unfunded actuarial liability is $680.3 million.

For FY 2022, members’ estimated contributions at the current rate of 9.40% total $30.8 million, and the cities’ estimated contributions at 26.18% total $85.8 million. Total covered payroll is $327.9 million. The average annual compensation for an active member is $80,282. The table below shows the contribution rates for FY 2018 to FY 2022.

Per Iowa Code section 411.8, the member contribution rate will be increased for any statutory changes, if the increase cannot be absorbed within the current contribution rates, to a maximum of 11.35%. Costs would then be applied 60/40 between the employer and employee. The MFPRSI provides for both an ordinary and accidental disability for a member in good standing with the System. From 2002 through 2020, the MFPRSI reported one member in good standing who would have been affected by HF 417, if it were in effect at that time. The medical board determines if a member is medically able to perform their respective duties as a fire fighter or a police officer. If the member is determined to be unable to perform their duties, the MFPRSI decides if the member is eligible for an ordinary or accidental disability. TheFY 2018 FY 2019 FY 2020 FY 2021 FY 2022 Employer Contribution Rate 25.68% 26.02% 24.41% 25.31% 26.18% Employee Contribution Rate 9.40% 9.40% 9.40% 9.40% 9.40% Total 35.08% 35.42% 33.81% 34.71% 35.58% compensation for an ordinary disability is 50.0% of the average final compensation, whereas the compensation for accidental disability is 60.0% of the average final compensation. Cities are responsible for the payment of all medical costs related to MFPRSI claims under Iowa Code section 411.15. Cities cannot use workers’ compensation to cover short-term indemnity or medical cost exposure. Iowa Code section 85.1(4) states that workers’ compensation does not apply to “persons entitled to benefits pursuant to Iowa Code chapters 410 and 411.”

Assumptions

  • Expanding the number of disabilities eligible for an accidental disability and allowing retirees who are receiving an ordinary disability and within five years of retirement to apply for an accidental disability would reduce the funded ratio of the Fire and Police Retirement Fund by 0.10%, from 79.93% to 79.83%.
  • Based on the most recent actuarial valuation report as of July 1, 2020, no increase in costs can be absorbed within the existing contribution rates for FY 2022. The FY 2022 employee contribution rate would need to increase from 9.40% to 9.60%, an increase of 0.20%.
  • The total contribution rate impact of Section 1 of the Bill would be an increase of 0.05% to the members’ contribution rate to add diseases and viruses declared a pandemic, epidemic, or public health emergency by the federal government, Governor, or local public health authorities as a presumed job-related illness.
  • The total contribution rate impact of Sections 3-7 of the Bill would be an increase of 0.15% to the members’ contribution rate. These provisions include:
  • Allowing current ordinary disability retirees within five years of retirement to apply for an accidental disability will affect the total contribution rate by 0.08%.
  • Permitting future ordinary disabilities to be treated as accidental disabilities due to the elimination of the definite time and place requirement, addition of respiratory droplets to disease of lungs or respiratory tract, and greater than day-to-day stress standard for mental injuries will affect the total contribution rate by 0.07%.
  • Assumes that all other actuarial assumptions going forward will be met.
  • The MFPRSI may see an increase in administrative costs related to medical exams.
  • Cities may see increased medical and administrative costs for all injuries and diseases related to employment, regardless of the type of benefit received from the System.
  • There are approximately seven ordinary disability retirements per year. The estimate assumes there will be no overall increase in disability incidents; however, all future disabilities would qualify for accidental disabilities.
  • Eliminating the link between medical costs and 411 accidental disabilities, requiring medical cost coverage for cumulative injuries, eliminating the greater than day-to-day stress standard for mental injuries, and the addition of infectious diseases may result in additional medical costs and short-term wages being covered by city employers. In addition, HF 417 allows retroactive claims to be paid by the city employer, including presumptions and broadens the definitions of eligibility for disability/claims and presumed illnesses which may also increase city expenses.

Fiscal Impact

New Iowa Code section 411.15A applies retroactively to January 1, 2020, takes effect upon enactment, and grants leaves of absence if a member has been exposed to an infectious disease while on duty and is required to quarantine. The member will be compensated at the employee’s regular rate of pay for those regular hours during which the employee was absent. The compensation will be from the city’s general fund or trust and agency fund. The FY 2020 and FY 2021 fiscal impacts to the city employers cannot be determined at this time. House File 417 is estimated to increase administrative costs for the MFPRSI due to increased medical exams by $50,000 to $100,000 annually. Any increased administrative costs for the MFPRSI will be paid from the Fire and Police Retirement Fund.

The unfunded actuarial accrued liability of the Municipal Fire and Police Retirement Fund is estimated to increase in FY 2022 by approximately $4.3 million and the funded ratio would decrease from 79.93% to 79.83%.

The FY 2022 cost for increasing the members’ contribution rate from 9.40% to 9.60% is approximately $656,000 or $161 per employee. In subsequent fiscal years, this cost may increase based on covered payroll.

Cities under the MFPRSI are required to provide hospital, nursing, and medical attention for members of the police and fire departments. The fiscal impact of HF 417 on cities for additional medical costs and short-term wages cannot be determined at this time but may be significant.

Sources

  • Municipal Fire and Police Retirement System of Iowa Actuarial Valuation Report
  • Municipal Fire and Police Retirement System of Iowa
  • League of Cities

Reading a fiscal note4

Iowa Code it changes

Creates§411.15A

Amends§411.1§411.15§411.6§411.8

How the Code works5

Lobbying

9 for · 4 against · 10 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.

  • HF 2592 Concerning benefits under the municipal fire and police retirement system
    88th General Assembly · Passed House · very similar
    Passed a chamber

Similar bills this General Assembly

  • HSB 268 HSB 268
    89th General Assembly · Renumbered as HF 797
    Very similar
  • SSB 1132 SSB 1132
    90th General Assembly · Renumbered as SF 505
    Very similar

Matched by wording or an identical title.