70A.20 - EMPLOYEES DISABILITY PROGRAM.
70A.20 EMPLOYEES DISABILITY PROGRAM.
A state employees disability insurance program is created, which
shall be administered by the director of the department of
administrative services and which shall provide disability benefits
in an amount and for the employees as provided in this section. The
monthly disability benefits shall, at a minimum, provide twenty
percent of monthly earnings if employed less than one year, forty
percent of monthly earnings if employed one year or more but less
than two years, and sixty percent of monthly earnings thereafter,
reduced by primary and family social security determined at the time
social security disability payments commence, railroad retirement
disability income, workers' compensation if applicable, and any other
state-sponsored sickness or disability benefits payable. However,
the amount of benefits payable under the Iowa public employees'
retirement system pursuant to chapter 97B shall not reduce the
benefits payable pursuant to this section. Subsequent social
security or railroad retirement increases shall not be used to
further reduce the insurance benefits payable. As used in this
section, "primary and family social security" shall not include
social security benefits awarded to an adult child with a disability
of the state employee with a disability who does not reside with the
state employee with a disability if the social security benefits were
awarded to the adult child with a disability prior to the approval of
the state employee's benefits under this section, regardless of
whether the United States social security administration records the
benefits to the social security number of the adult child with a
disability, the state employee with a disability, or any other family
member, and such social security benefits shall not reduce the
benefits payable pursuant to this section. As used in this section,
unless the context otherwise requires, "adult" means a person who
is eighteen years of age or older. State employees shall receive
credit for the time they were continuously employed prior to and on
July 1, 1974. The following provisions apply to the employees
disability insurance program:
1. Waiting period of no more than ninety working days of
continuous sickness or accident disability or the expiration of
accrued sick leave, whichever is greater.
2. Maximum period benefits paid for both accident or sickness
disability:
a. If the disability occurs prior to the time the employee
attains the age of sixty-one years, the maximum benefit period shall
end sixty months after continuous benefit payments begin or on the
date on which the employee attains the age of sixty-five years,
whichever is later.
b. If the disability occurs on or after the time the employee
attains the age of sixty-one years but prior to the age of sixty-nine
years, the maximum benefit period shall end sixty months after
continuous benefit payments begin or on the date on which the
employee attains the age of seventy years, whichever is earlier.
c. If the disability occurs on or after the time the employee
attains the age of sixty-nine years, the maximum benefit period shall
end twelve months after continuous benefit payments begin.
3. a. Minimum and maximum benefits of not less than fifty
dollars per month and not exceeding three thousand dollars per month.
b. In no event shall benefits exceed one hundred percent of
the claimant's predisability covered monthly compensation.
4. All probationary and permanent full-time state employees shall
be covered under the employees disability insurance program, except
board members and members of commissions who are not full-time state
employees, and state employees who on July 1, 1974, are under another
disability program financed in whole or in part by the state, and
state employees who have agreed to participation in another
disability program through a collective bargaining agreement. For
purposes of this section, members of the general assembly serving on
or after January 1, 1989, are eligible for the plan during their
tenure in office, on the basis of enrollment rules established for
full-time state employees excluded from collective bargaining as
provided in chapter 20. Section History: Early Form
[C75, 77, 79, 81, § 79.20] Section History: Recent Form
84 Acts, ch 1146, § 2; 86 Acts, ch 1245, § 235; 88 Acts, ch 1267,
§15, 16
C93, § 70A.20
93 Acts, ch 7, § 1; 94 Acts, ch 1022, §1; 95 Acts, ch 162, §9; 96
Acts, ch 1129, §17; 2003 Acts, ch 145, §286; 2006 Acts, ch 1177, §27
Referred to in § 602.11103