SB 128 - AS AMENDED BY THE HOUSE

5/1/01 0971s

5/1/01 1068s

05/17/01...1157h

2001 SESSION

01-0622

01/10

SENATE BILL 128

AN ACT relative to disability retirement benefits and mental injury.

SPONSORS: Sen. Hollingworth, Dist 23

COMMITTEE: Insurance

AMENDED ANALYSIS

The bill also allows public employees the opportunity to prove causation to the New Hampshire retirement system relative to mental injuries.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5/1/01 0971s

5/1/01 1068s

05/17/01...1157h

01-0622

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to disability retirement benefits and mental injury.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Disability Retirement Benefits; Group I. Amend RSA 100-A:6, I(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

2 Disability Retirement Benefits; Group II. Amend RSA 100-A:6, II(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

3 Contingency. If HB 232 of the 2001 session of the legislature becomes law, then sections 1 and 2 of this act shall take effect on the effective date of HB 232. If HB 232 of the 2001 legislative session does not become law, sections 1 and 2 of this act shall not take effect.

4 Effective Date.

I. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

II. The remainder of this act shall take effect upon its passage.