411.6 - BENEFITS.

        411.6  BENEFITS.         1.  Service retirement benefit.  Retirement of a member on a      service retirement allowance shall be made by the system as follows:         a.  Any member in service may retire upon written application      to the system, setting forth at what time, not less than thirty nor      more than ninety days subsequent to the execution and filing of the      application, the member desires to be retired.  However, the member      at the time specified for retirement shall have attained the age of      fifty-five and shall have served twenty-two years or more, and      notwithstanding that, during the period of notification, the member      may have separated from the service.         b.  Any member in service who has been a member of the      retirement system four or more years and whose employment is      terminated prior to the member's retirement, other than by death or      disability, shall upon attaining retirement age, receive a service      retirement allowance of four twenty-seconds of the retirement      allowance the member would receive at retirement if the member's      employment had not been terminated, and an additional one      twenty-second of such retirement allowance for each additional year      of service not exceeding twenty-two years of service.  The amount of      the retirement allowance shall be calculated in the manner provided      in this paragraph using the average final compensation at the time of      termination of employment.         c.  Once a person commences receiving a service retirement      allowance pursuant to this section, if the person is reemployed, as      defined in section 411.3, the service retirement allowance shall not      be recalculated based upon the person's reemployment.         2.  Allowance on service retirement.         a.  The service retirement allowance for a member who      terminates service, other than by death or disability, prior to July      1, 1990, shall consist of a pension which equals fifty percent of the      member's average final compensation.         b.  The service retirement allowance for a member who      terminates service, other than by death or disability, on or after      July 1, 1990, but before July 1, 1992, shall consist of a pension      which equals fifty-four percent of the member's average final      compensation.         c.  Commencing July 1, 1992, for members who terminate      service, other than by death or disability, on or after that date,      but before July 1, 2000, the system shall increase the percentage      multiplier of the member's average final compensation by an      additional two percent each July 1 until reaching sixty percent of      the member's average final compensation.  The applicable percentage      multiplier shall be the rate in effect on the date of the member's      termination from service.         d.  Upon retirement from service on or after July 1, 2000, a      member shall receive a service retirement allowance which shall      consist of a pension which equals sixty-six percent of the member's      average final compensation.         e.  Commencing July 1, 1990, if the member has completed more      than twenty-two years of creditable service, the service retirement      allowance shall consist of a pension which equals the amount provided      in paragraph "b", "c", or "d", plus an additional      percentage as set forth below:         (1)  For a member who terminates service, other than by death or      disability, on or after July 1, 1990, but before July 1, 1991, and      who does not withdraw the member's contributions pursuant to section      411.23, upon the member's retirement there shall be added      three-tenths percent of the member's average final compensation for      each year of service over twenty-two years, excluding years of      service after the member's fifty-fifth birthday.  However, this      subparagraph does not apply to more than eight additional years of      service.         (2)  For a member who terminates service, other than by death or      disability, on or after July 1, 1991, but before October 16, 1992,      and who does not withdraw the member's contributions pursuant to      section 411.23, upon the member's retirement there shall be added      six-tenths percent of the member's average final compensation for      each year of service over twenty-two years, excluding years of      service after the member's fifty-fifth birthday.  However, this      subparagraph does not apply to more than eight additional years of      service.         (3)  For a member who terminates service, other than by death or      disability, on or after October 16, 1992, but before July 1, 1998,      and who does not withdraw the member's contributions pursuant to      section 411.23, upon the member's retirement there shall be added      six-tenths percent of the member's average final compensation for      each year of service over twenty-two years.  However, this      subparagraph does not apply to more than eight additional years of      service.         (4)  For a member who terminates service, other than by death or      disability, on or after July 1, 1998, but before July 1, 2000, and      who does not withdraw the member's contributions pursuant to section      411.23, upon the member's retirement there shall be added one and      one-half percent of the member's average final compensation for each      year of service over twenty-two years.  However, this subparagraph      does not apply to more than eight additional years of service.         (5)  For a member who terminates service, other than by death or      disability, on or after July 1, 2000, and who does not withdraw the      member's contributions pursuant to section 411.23, upon the member's      retirement there shall be added two percent of the member's average      final compensation for each year of service over twenty-two years.      However, this subparagraph does not apply to more than eight      additional years of service.         3.  Ordinary disability retirement benefit.  Upon application      to the system, of a member in good standing or of the chief of the      police or fire departments, respectively, any member in good standing      shall be retired by the system, not less than thirty and not more      than ninety days next following the date of filing the application,      on an ordinary disability retirement allowance, if the medical board      after a medical examination of the member certifies 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.  However, if a person's membership in the      system first commenced on or after July 1, 1992, 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 medical board      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 position held immediately prior to the      application for disability benefits.  The member-in-good-standing      requirement of this subsection may be waived for good cause as      determined by the board.  The burden of establishing good cause is on      the member.         4.  Allowance on ordinary disability retirement.         a.  Upon retirement for ordinary disability prior to July 1,      1998, a member shall receive an ordinary disability retirement      allowance which shall consist of a pension which shall equal fifty      percent of the member's average final compensation unless either of      the following conditions exist:         (1)  If the member has not had five or more years of membership      service, the member shall receive a pension equal to one-fourth of      the member's average final compensation.         (2)  If the member has had twenty-two or more years of membership      service, the member shall receive a disability retirement allowance      that is equal to the greater of the benefit that the member would      receive under subsection 2 if the member were fifty-five years of age      or the disability pension otherwise calculated under this subsection.         b.  Upon retirement for ordinary disability on or after July      1, 1998, a member who has five or more years of membership service      shall receive a disability retirement allowance in an amount equal to      the greater of fifty percent of the member's average final      compensation or the retirement allowance that the member would      receive under subsection 2 if the member had attained fifty-five      years of age.  A member who has less than five years of membership      service shall receive a pension equal to one-fourth of the member's      average final compensation.         5.  Accidental disability benefit.         a.  Upon application to the system, of a member in good      standing or of the chief of the police or fire departments,      respectively, any member in good standing who has become totally and      permanently incapacitated for duty as the natural and proximate      result of an injury or disease incurred in or aggravated by the      actual performance of duty at some definite time and place, or while      acting pursuant to order, outside of the city by which the member is      regularly employed, shall be retired by the system if the medical      board certifies 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.      However, if a person's membership in the system first commenced on or      after July 1, 1992, 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 medical condition shall be deemed to have been known to      exist on the date that membership commenced if the medical condition      is reflected in any record or document completed or obtained in      accordance with the system's medical protocols pursuant to section      400.8, or in any other record or document obtained pursuant to an      application for disability benefits from the system, if such record      or document existed prior to the date membership commenced.  A member      who is denied a benefit under this subsection, by reason of a finding      by the medical board 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 position held      immediately prior to the application for disability benefits.         b.  If a member in service or the chief of the police or fire      departments becomes incapacitated for duty as a natural or proximate      result of an injury or disease incurred in or aggravated by the      actual performance of duty at some definite time or place or while      acting, pursuant to order, outside the city by which the member is      regularly employed, the member, upon being found to be temporarily      incapacitated following a medical examination as directed by the      city, is entitled to receive the member's full pay and allowances      from the city's general fund or trust and agency fund until      reexamined as directed by the city and found to be fully recovered or      until the city determines that the member is likely to be permanently      disabled.  If the temporary incapacity of a member continues more      than sixty days, or if the city expects the incapacity to continue      more than sixty days, the city shall notify the system of the      temporary incapacity.  Upon notification by a city, the system may      refer the matter to the medical board for review and consultation      with the member's treating physician during the temporary incapacity.      Except as provided by this paragraph, the board of trustees of the      statewide system has no jurisdiction over these matters until the      city determines that the disability is likely to be permanent.         c. (1)  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 or the inhalation of noxious fumes, poison, or gases.         (2)  Disease under this subsection shall also mean cancer or      infectious disease and shall be presumed to have been contracted      while on active duty as a result of that duty.         (3)  However, if a person's membership in the system first      commenced on or after July 1, 1992, and the heart disease, disease of      the lungs or respiratory tract, cancer, or infectious disease would      not exist, but for a medical condition that was known to exist on the      date that membership commenced, the presumption established in this      paragraph "c" shall not apply.         d.  The requirement that a member be in good standing to apply      for and receive a benefit under this subsection may be waived for      good cause as determined by the board.  The burden of establishing      good cause is on the member.         6.  Retirement after accident.         a.  Upon retirement for accidental disability prior to July 1,      1990, a member shall receive an accidental disability retirement      allowance which shall consist of a pension equal to sixty-six and      two-thirds percent of the member's average final compensation.         b.  Upon retirement for accidental disability on or after July      1, 1990, but before July 1, 1998, a member shall receive an      accidental disability retirement allowance which shall consist of a      pension equal to sixty percent of the member's average final      compensation.  However, if the member has had twenty-two or more      years of membership service, the member shall receive a disability      retirement allowance that is equal to the greater of the retirement      allowance that the member would receive under subsection 2 if the      member was fifty-five years of age or the disability retirement      allowance calculated under this paragraph.         c.  Upon retirement for accidental disability on or after July      1, 1998, a member shall receive an accidental disability retirement      allowance which shall consist of a pension in an amount equal to the      greater of sixty percent of the member's average final compensation      or the retirement allowance that the member would receive under      subsection 2 if the member had attained fifty-five years of age.         7.  Reexamination of beneficiaries retired on account of      disability.  The system may, and upon the member's application      shall, require any disability beneficiary who has not yet attained      age fifty-five to undergo a medical examination at a place designated      by the medical board.  The examination shall be made by the medical      board or, in special cases, by an additional physician or physicians      designated by such board.  If any disability beneficiary who has not      attained the age of fifty-five refuses to submit to the medical      examination, the member's allowance may be discontinued until      withdrawal of such refusal, and if the refusal continues for one year      all rights in and to the member's pension may be revoked by the      system.  For a disability beneficiary who has not attained the age of      fifty-five and whose entitlement to a disability retirement commenced      on or after July 1, 2000, the medical board may, as part of the      examination required by this subsection, suggest appropriate medical      treatment or rehabilitation if, in the opinion of the medical board,      the recommended treatment or rehabilitation would likely restore the      disability beneficiary to duty.         a. (1)  Should any beneficiary for either ordinary or      accidental disability, except a beneficiary who is fifty-five years      of age or over, be engaged in a gainful occupation paying more than      the difference between the member's net retirement allowance and one      and one-half times the earnable compensation of an active member at      the same position on the salary scale within the member's rank as the      member held at retirement, then the amount of the member's retirement      allowance shall be reduced to an amount such that the member's net      retirement allowance plus the amount earned by the member shall equal      one and one-half times the amount of the current earnable      compensation of an active member at the same position on the salary      scale within the member's rank as the member held at retirement.      Should the member's earnings be later changed, the amount of the      member's retirement allowance may be further modified, provided that      the new retirement allowance shall not exceed the amount of the      retirement allowance adjusted by annual readjustments of pensions      pursuant to subsection 12 of this section nor an amount which would      cause the member's net retirement allowance, when added to the amount      earned by the beneficiary, to equal one and one-half times the amount      of the earnable compensation of an active member at the same position      on the salary scale within the member's rank as the member held at      retirement.  A beneficiary restored to active service at a salary      less than the average final compensation upon the basis of which the      member was retired at age fifty-five or greater, shall not again      become a member of the retirement system and shall have the member's      retirement allowance suspended while in active service.  If the rank      or position held by the retired member is subsequently abolished,      adjustments to the allowable limit on the amount of income which can      be earned in a gainful occupation shall be computed by the board of      trustees as though such rank or position had not been abolished and      salary increases had been granted to such rank or position on the      same basis as increases granted to other ranks and positions in the      department.  For purposes of this paragraph, "net retirement      allowance" means the amount determined by subtracting the amount      paid during the previous calendar year by the beneficiary for health      insurance or similar health care coverage for the beneficiary and the      beneficiary's dependents from the amount of the member's retirement      allowance paid for that year pursuant to this chapter.  The      beneficiary shall submit sufficient documentation to the system to      permit the system to determine the member's net retirement allowance      for the applicable year.         (2)  A beneficiary retired under this lettered paragraph, in order      to be eligible for continued receipt of retirement benefits, shall no      later than May 15 of each year submit to the system a copy of the      beneficiary's federal individual income tax return for the preceding      year.  The beneficiary shall also submit, within a reasonable period      of time, any documentation requested by the system that is determined      to be necessary by the system to determine the beneficiary's gross      wages.         (3)  Retroactive to July 1, 1976, the limitations on pay of a      member engaged in a gainful occupation who is retired under      accidental disability prescribed in this paragraph shall not apply to      a member who retired before July 1, 1976.         b.  Should a disability beneficiary under age fifty-five be      restored to active service at a compensation not less than the      disability beneficiary's average final compensation, the disability      beneficiary's retirement allowance shall cease, the disability      beneficiary shall again become a member and shall contribute      thereafter at the rate established in section 411.8, and former      service on the basis of which the disability beneficiary's service      was computed at the time of retirement shall be restored to full      force and effect and upon subsequent retirement the disability      beneficiary shall be credited with all service as a member and also      with the period of disability retirement.         c.  Should a disability beneficiary under age fifty-five be      employed in a public safety occupation, the disability beneficiary's      retirement allowance shall cease.  Notwithstanding any provision of      this chapter to the contrary, if a disability beneficiary is employed      in a public safety occupation that would otherwise constitute      membership service, the disability beneficiary shall not become a      member of the system.  For purposes of this paragraph, "public      safety occupation" means a peace officer, as defined in section      97A.1; a protection occupation, as defined in section 97B.49B; a      sheriff or deputy sheriff as defined in section 97B.49C; and a police      officer or fire fighter as defined in section 411.1, who was not      restored to active service as provided by this subsection.         8.  Ordinary death benefit.         a.  Upon the receipt of proof of the death of a member in      service, or a member not in service who has completed four or more      years of service as provided in subsection 1, paragraph "b",      there shall be paid to the person designated by the member to the      system as the member's beneficiary, if the member has had one or more      years of membership service and no pension is payable under      subsection 9, the greater of the following:         (1)  An amount equal to fifty percent of the compensation earnable      by the member during the year immediately preceding the member's      death if the member is in service, or an amount equal to fifty      percent of the compensation earned by the member during the member's      last year of service if the member is not in service.         (2)  An amount the member would have been entitled to withdraw      pursuant to section 411.23 if the member had terminated service on      the date of the member's death.         b. (1)  In lieu of the payment specified in paragraph "a",      a beneficiary meeting the qualifications of paragraph "c" may      elect to receive a monthly pension equal to one-twelfth of forty      percent of the average final compensation of the member, but not less      than twenty percent of the average monthly earnable compensation paid      to an active member of the system, as reported by the actuary.  For a      member not in service at the time of death, the pension shall be      reduced as provided in subsection 1, paragraph "b".         (2)  For a member not in service at the time of death, the pension      shall be paid commencing when the member would have attained the age      of fifty-five except that if there is a child of the member, the      pension shall be paid commencing with the member's death until the      child of the member no longer meets the definition of child as      provided in section 411.1.  The pension shall resume when the member      would have attained the age of fifty-five.         (3)  For a member in service at the time of death, the pension      shall be paid commencing with the member's death.  In addition to the      pension, there shall also be paid for each child of a member, a      monthly pension equal to six percent of the average monthly earnable      compensation paid to an active member of the system, as reported by      the actuary.         (4)  Notwithstanding section 411.6, subsection 8, Code 1985,      effective July 1, 1990, for a member's surviving spouse who, prior to      July 1, 1986, elected to receive pension benefits under this      paragraph, the monthly pension benefit shall be equal to the higher      of one-twelfth of forty percent of the average final compensation of      the member, or the amount the surviving spouse was receiving on July      1, 1990.         c.  The pension under paragraph "b" may be selected only      by the following beneficiaries:         (1)  The spouse.         (2)  If there is no spouse, or if the spouse dies and there is a      child of a member, then the member's child or children, in equal      shares.  The pension to each child shall terminate when the child no      longer meets the definition of child in section 411.1.         (3)  If there is no surviving spouse or child, then the member's      dependent father or mother, or both, as the system determines, to      continue until death.         d.  If the member failed to designate a beneficiary, or if the      beneficiary designated by the member predeceases the member, the      benefits provided in paragraph "a" of this subsection shall be      paid as follows in the following order of priority:         (1)  To the member's surviving spouse.         (2)  To the member's surviving children, including any adult      children, in equal shares.         (3)  To the member's surviving parents, in equal shares.         (4)  To the member's estate.         (5)  To the member's heirs if the estate is not probated.         9.  Accidental death benefit.         a. (1)  If, upon the receipt of evidence and proof from the      chief of the police or fire department that the death of a member in      service was the natural and proximate result of an injury or disease      incurred in or aggravated by the actual performance of duty at some      definite time and place, or while acting pursuant to order, outside      of the city by which the member is regularly employed, the system      decides that death was so caused in the performance of duty, there      shall be paid, in lieu of the ordinary death benefit provided in      subsection 8, an accidental death benefit as set forth in this      subsection.         (2) (a)  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 or      the inhalation of noxious fumes, poison, or gases.         (b)  Disease under this subsection shall also mean cancer or      infectious disease and shall be presumed to have been contracted      while on active duty as a result of that duty.         b. (1)  If the member's designated beneficiary is the member's      spouse, child, or parent, an accidental death benefit pension equal      to one-half of the average final compensation of the member shall be      paid as follows:         (a)  If the member's designated beneficiary is the member's      spouse, then to the member's spouse.         (b)  If the member's designated beneficiary is the member's child      or children, then to the child or children in equal shares.  The      pension to each child shall terminate when the child no longer meets      the definition of child in section 411.1.         (c)  If the member's designated beneficiary is the member's      dependent father or mother, or both, then to the father or mother, or      both, in equal shares, to continue until death.         (2)  If the member failed to designate a beneficiary, or if the      beneficiary designated by the member predeceases the member, then an      accidental death benefit pension equal to one-half of the average      final compensation of the member shall be paid as follows:         (a)  To the member's spouse.         (b)  If there is no spouse, or if the spouse dies and there is a      child of the member, then to the member's child or children in equal      shares.  The pension to each child shall terminate when the child no      longer meets the definition of child in section 411.1.         (c)  If there is no surviving spouse or child, then to the      member's dependent father or mother, or both, in equal shares, to      continue until death.         c.  In addition to the accidental death benefit pension      provided in paragraph "b", there shall also be paid for each      child of a member a monthly pension equal to six percent of the      average monthly earnable compensation paid to an active member of the      system, as reported by the actuary.         d.  A person eligible to receive the pension payable under      paragraph "b" of this subsection may elect to receive the benefit      payable under subsection 8, paragraph "a", in lieu of the pension      provided in paragraph "b" of this subsection.         e.  If there is no person entitled to the pension payable      under paragraph "b" of this subsection, the death shall be      treated as an ordinary death case and the benefit payable under      subsection 8, paragraph "a", in lieu of the pension provided in      paragraph "a" of this subsection, shall be paid as provided by      that subsection.         10.  Pensions offset by compensation benefits.  Any amounts      which may be paid or payable by the said cities under the provisions      of any workers' compensation or similar law to a member or to the      dependents of a member on account of any disability or death, shall      be offset against and payable in lieu of any benefits payable under      the provisions of this chapter on account of the same disability or      death.  In addition, any amounts payable to a member as unemployment      compensation under the provisions of chapter 96 based on unemployment      from membership service for a member receiving an ordinary disability      benefit or an accidental disability benefit pursuant to this chapter      shall be offset against and payable in lieu of any benefits payable      under the provisions of this chapter for an ordinary disability or an      accidental disability.         11.  Pension to spouse and children of deceased pensioned      member.  In the event of the death of any member receiving a      retirement allowance under the provisions of subsection 2, 4, or 6 of      this section there shall be paid a pension:         a.  To the spouse, equal to one-half the amount received by      the deceased beneficiary, but in no instance less than twenty percent      of the average monthly earnable compensation paid to an active member      of the system, as determined by the actuary, and in addition a      monthly pension equal to the monthly pension payable under subsection      9 of this section for each child; or         b.  If the spouse dies either prior or subsequent to the death      of the member, to the guardian of each surviving child, a monthly      pension equal to the monthly pension payable under subsection 9 of      this section for the support of the child.         12.  Annual readjustment of pensions.  Pensions payable under      this section shall be adjusted as follows:         a.  On each July 1, the monthly pensions authorized in this      section payable to members retired prior to that date and to      beneficiaries entitled to a monthly pension prior to that date shall      be adjusted as provided in this subsection.  An amount equal to the      sum of one and one-half percent of the monthly pension of each      retired member and beneficiary and the applicable incremental amount      shall be added to the monthly pension of each retired member and      beneficiary.  The board of trustees may report to the general      assembly, at the board's discretion, on whether the provisions of      this subsection continue to provide an equitable method for the      annual readjustment of pensions payable under this chapter.         b.  For purposes of this subsection, "applicable incremental      amount" means the following amount for members receiving a pension      under subsection 2, 4, or 6 and for beneficiaries receiving a pension      under subsection 11:         (1)  Fifteen dollars where the member's retirement date was less      than five years prior to the effective date of the increase.         (2)  Twenty dollars where the member's retirement date was at      least five years, but less than ten years, prior to the effective      date of the increase.         (3)  Twenty-five dollars where the member's retirement date was at      least ten years, but less than fifteen years, prior to the effective      date of the increase.         (4)  Thirty dollars where the member's retirement date was at      least fifteen years, but less than twenty years, prior to the      effective date of the increase.         (5)  Thirty-five dollars where the member's retirement date was at      least twenty years prior to the effective date of the increase.         c.  For beneficiaries receiving a pension under subsection 8      or 9, the applicable incremental amount shall be determined as set      forth in paragraph "b", except that the date of the member's      death shall be substituted for the member's retirement date.         d.  A retired member eligible for benefits under subsection 1      of this section is not eligible for the readjustment of pensions      provided in this subsection unless the member served twenty-two years      and attained the age of fifty-five years prior to the member's      termination of employment.         e.  A retired member eligible for benefits under this section      and otherwise eligible for the readjustment of benefits provided in      this subsection is not eligible for the readjustment unless the      member was retired on or before the effective date of the      readjustment.         13. a.  Remarriage of surviving spouse.  Effective July 1,      1990, for a member who died prior to July 1, 1988, if the member's      surviving spouse remarried prior to July 1, 1988, the remarriage does      not make the spouse ineligible under subsection 8, paragraph "c",      subparagraphs (1) and (2), to receive benefits under subsections 8,      9, 11, and 12.         b.  Recomputation of benefit -- surviving spouse.  A benefit      payable under this chapter to a surviving spouse and to any surviving      spouse who receives a division of the surviving spouse benefit      pursuant to a marriage decree or marital property order under section      411.13 shall not be recomputed upon the death of any surviving      spouse.         14.  Beneficiary designation.  A member may designate, in      writing on a form prescribed by the system, any person or persons to      whom the system will pay a death benefit under this section in the      event of the member's death.  If the member is married at the time a      designation is signed, a designation of a beneficiary other than the      member's spouse shall not be valid unless the member's spouse      consents in writing to the designation.  A designation filed with the      system shall be deemed revoked if, subsequent to the designation, a      new designation is filed with the system, the member marries, or the      member divorces the individual who was the member's named      beneficiary.         15.  Line of duty death benefit.         a.  If, upon the receipt of evidence and proof from the chief      of the police or fire department that the death of a member in      service was the direct and proximate result of a traumatic personal      injury incurred in the line of duty, the system decides that death      was so caused, there shall be paid, to a person authorized to receive      an accidental death benefit as provided in subsection 9, paragraph      "b", the amount of one hundred thousand dollars, which shall be      payable in a lump sum.  However, for purposes of this subsection, a      child who no longer meets the definition of child in section 411.1      shall be eligible to receive a line of duty death benefit pursuant to      this subsection.         b.  A line of duty death benefit shall not be payable under      this subsection if any of the following applies:         (1)  The death resulted from stress, strain, occupational illness,      or a chronic, progressive, or congenital illness, including but not      limited to a disease of the heart, lungs, or respiratory system,      unless a traumatic personal injury was a substantial contributing      factor to the member's death.         (2)  The death was caused by the intentional misconduct of the      member or by the member's intent to cause the member's own death.         (3)  The member was voluntarily intoxicated at the time of death.         (4)  The member was performing the member's duties in a grossly      negligent manner at the time of death.         (5)  An individual who would otherwise be entitled to a benefit      under this subsection was, through the individual's actions, a      substantial contributing factor to the member's death.         (6)  The death qualifies for a volunteer emergency services      provider death benefit pursuant to section 100B.31.         16.  Ineligibility for disability benefits.         a.  A member otherwise eligible to receive a disability      retirement benefit under this chapter shall not be eligible to      receive such a benefit if the system determines that any of the      following conditions for ineligibility applies:         (1)  The disability would not exist but for the member's chemical      dependency, as defined in section 125.2, on a schedule I controlled      substance, as defined in section 124.204, or the member's chemical      dependency on a schedule II controlled substance, as defined in      section 124.206, resulting from the inappropriate use of the schedule      II controlled substance.         (2)  The disability is a mental disability proximately caused by      appropriate disciplinary actions taken against the member, or by      conflicts with a superior or coworker if the superior or coworker was      acting legally and appropriately toward the member when the conflicts      occurred.         b.  A member otherwise eligible to receive a disability      retirement benefit under this chapter, or who is receiving such a      benefit, shall not be eligible to receive such a benefit beginning      with the month following the determination by the system that the      disability would not exist but for the action of the member for which      the member has been convicted of a felony.         c.  A member eligible to commence receiving a disability      benefit on or after July 1, 2000, may be ineligible to receive a      disability retirement benefit if the system determines that the      member's alcoholism or drug addiction was a contributing factor      material to the determination of the member's disability.  Upon a      determination that the member's alcoholism or drug addiction was a      contributing factor in the member's disability, the system shall      direct the member to undergo substance abuse treatment that the      medical board determines is appropriate to treat the member's      alcoholism or drug addiction.  After the end of a twenty-four-month      period following the member's first month of entitlement to a      disability benefit, the system shall reevaluate the member's      disability.  If the system determines that the member failed to      comply with the treatment program prescribed by this paragraph and      that the member would not be disabled but for the member's alcoholism      or drug addiction, the member's entitlement to a disability benefit      under this chapter shall terminate effective the first day of the      first month following the month the member is notified of the      system's determination.         17.  Limitations on benefits -- prisoners.         a.  An individual who is otherwise entitled to a retirement      allowance under this chapter shall not receive a retirement allowance      for any month during which both of the following conditions exist:         (1)  The individual is confined in a jail, prison, or correctional      facility pursuant to the individual's conviction of a felony.         (2)  The individual has a spouse, or a child or children, as      defined in section 411.1.         b.  The amount of the retirement allowance not paid to the      individual under paragraph "a" shall be paid in the following      order of priority:         (1)  To the individual's spouse, if any.         (2)  If there is no spouse, then to the individual's child or      children, as defined in section 411.1.         c.  This subsection shall not be construed in a manner that      impairs the rights of any individual under a marital property,      spousal support, or child support order.  In addition, this      subsection shall not be construed to impair the statutory rights of a      governmental entity, including but not limited to the right of a      governmental entity to collect an amount for deposit in the victim      compensation fund established in chapter 915.  
         Section History: Early Form
         [C35, § 6326-f6; C39, § 6326.08; C46, 50, 54, 58, 62, 66, 71,      73, 75, 77, 79, 81, § 411.6; 82 Acts, ch 1261, § 30--39, 47] 
         Section History: Recent Form
         84 Acts, ch 1285, § 23; 86 Acts, ch 1203, § 3; 86 Acts, ch 1243, §      27, 28; 88 Acts, ch 1242, § 55--59; 90 Acts, ch 1240, § 53--66; 91      Acts, ch 41, § 3; 92 Acts, ch 1201, § 64--68; 94 Acts, ch 1183,      §69--72; 96 Acts, ch 1178, § 3, 4; 96 Acts, ch 1187, § 101--103, 110;      98 Acts, ch 1183, §86--92, 99; 2000 Acts, ch 1077, §95--107, 110;      2002 Acts, ch 1135, §42--51; 2004 Acts, ch 1103, § 57, 65, 66; 2006      Acts, ch 1092, §13--17; 2006 Acts, ch 1103, §4; 2009 Acts, ch 71, §1,      2; 2009 Acts, ch 99, §2, 3         Referred to in § 411.3, 411.4, 411.5, 411.6A, 411.6C, 411.15,      411.21, 411.22         Workers' compensation, chapter 85 
         Footnotes
         Reporting of costs of cancer and infectious disease benefits      required by October 1, 2013; 2009 Acts, ch 99, §5