Iowa Administrative Code

month shall be based on the actual number of days in the month, i.e., monthly benefits divided by the number of days in the month multiplied by the number of days due.

months of a year is not creditable as service. Service of six months or more in any year shall be equivalent to one year of service; however, in no case shall a member receive more than one year of service credit for each 12-month period of service.

402.206(1) Members who terminate covered employment prior to age 55 other than by death or disability have certain rights to their accumulated contributions. a. A member with fewer than four years of service is not entitled to benefits under the system. A member terminating emplo…

retirement may elect to receive one of the following optional retirement benefits and have the optional retirement benefit or a designated fraction of the benefit paid to the member’s beneficiary: 1. Straight life annuity. 2. Straight life annuity with five years certain. 3. Stra…

402.208(1) The member may change or cancel the member’s selected optional benefit until the first monthly benefit payment is made using the selected option. After the first monthly payment to the member or beneficiary, the option shall become permanent and not subject to cancella…

selected. Whenever an optional benefit as provided for in rule 661—402.207(97A) has been selected by a member, the annual adjustments provided for in Iowa Code Supplement section 97A.6, subsection 14, shall continue to be provided.

an optional benefit as provided for in rule 661—402.207(97A) has been selected by a member, benefit payments shall terminate as follows, except as provided in rule 661—402.208(97A): 1. Straight life annuity. Upon the death of the retired member, all future retirement payments sha…

retirement benefit by a member shall not change the benefit that a child of a deceased member would otherwise be eligible to receive.

July 1, 2010. For members retiring on or after July 1, 2010, there shall be an adjustment occurring on July 1 for which the following applicable amount shall be added to the member’s monthly allowance: 402.212(1) On the first July 1 following the retirement of a member, there sha…

1, 2010. For members having retired before July 1, 2010, there shall be an adjustment occurring on July 1 for which the following applicable amount shall be added to the member’s monthly allowance: 402.213(1) For members having retired on or after July 2, 2009, but before July 1,…

pension, the adjustments to monthly allowance provided in rules 661—402.212(97A) and 661—402.213(97A) shall be reduced in the same manner as is provided for the member’s optional retirement benefit election made under rule 661—402.207(97A) or as provided in Iowa Code section 97A.…

DIVISION III SERVICE PURCHASES

2011, an active member may make application to the system to purchase up to the maximum amount of permissive service credit for eligible qualified service. [ARC 8935B, IAB 7/14/10, effective 7/1/10]

402.301(1) Eligible qualified service. “Eligible qualified service” means service as a member of a city fire retirement system or police retirement system operating under Iowa Code chapter 411 prior to January 1, 1992, for which service has not previously been credited. Eligible …

402.302(1) Determination of service credit. A member may determine the amount of permissive service credit, which shall be documented on a form provided by the secretary. Such documentation shall include the notarized certification by an official of the city or agency that employ…

402.303(1) Actuarial cost quote of permissive service credit. When made available to the secretary by the actuary, the cost quote shall be forwarded to the member promptly. Such delivery may be made through electronic mail, facsimile transmission, regular mail, or personal servic…

which has been completed pursuant to subrule 402.303(3) is irrevocable. However, this rule shall not be interpreted to limit the system’s ability to refund service credit purchase amounts when required in order to meet the provisions of the Internal Revenue Code. [ARC 8935B, IAB …

402.305(1) Review of rejection of certification of service credit. The board shall review a rejected certification of service credit. If the board overrules the rejection, the secretary shall submit the certification of service credit to the actuary to determine the member’s cost…

402.306(1) Within 60 days following the entry of an adjustment to a member’s years of service based on a purchase of permissive service credit, the secretary shall report the purchase to the system under which the service credit was originally earned. Note: This notification is i…

402.307(1) Eligibility. Effective July 1, 2010, an active member of the system who has been a member of the retirement system five or more years may purchase service credit for military service under this chapter. Note: Determination of length of active membership will be made pu…

subsection 16, the board will administer the payment of line-of-duty death benefits to beneficiaries of members who die in the line of duty. Information about the program may be obtained by mail from the Secretary of the Board of Trustees, Iowa Department of Public Safety, Peace …

obtained on request from the secretary. The board may accept a legible copy of a completed application for the federal Public Safety Officer Benefits Program as an application for payment of benefits from the member death benefit program. Completed application forms shall be mail…

death benefit program, the board shall make a determination as to whether or not the application meets the requirements for payment of benefits. Prior to making a determination, the board may require the beneficiary or responsible supervisory official who has certified that the d…

item, or any other amount authorized by a collective bargaining agreement to which an individual employee is subject, as reimbursement for replacement or repair of personal items of the department’s employees that have been damaged or destroyed while the employee is engaged in se…

fire service training bureau, with responsibility for instructing the general public and fire protection personnel throughout the state, providing service to public and private fire departments in the state, conducting research in the methods of maintaining and improving fire and…

53.2(1) Courses and registration fees. Current course offerings and associated registration and other related course fees of the fire service training bureau are available in electronic format via the fire service training bureau web page, and hard copy upon request. Current cour…

department may impound any vehicle determined to be “abandoned” as defined in Iowa Code section 321.89(1)“a,” provided that: 1. The officer shall first attempt to determine the owner through department of transportation records and request that the communications division advise …

6.2(1) Vehicles which an officer has reason to believe are wrongfully possessed by the person then having control of such vehicles or on which the vehicle identification number or the identification numbers of any component part have been altered or defaced, or on which an attemp…

officer shall tag it. A record is kept by the officer at the district to which the officer is assigned. After the period of time prescribed in Iowa Code section 321.89, the unattended vehicle shall be declared an abandoned vehicle. [ARC 4800C, IAB 12/4/19, effective 1/8/20]

6.4(1) Prior to towing an impounded vehicle, the officer shall: a. Request that a tow truck be dispatched to remove the vehicle. b. Complete a vehicle tow-in and recovery report which includes the following information: (1) Reason for towing; (2) The license number and descriptio…

6.5(1) The district officer in charge of abandoned vehicles shall notify, within 20 days of impoundment, by certified mail, the last known registered owner of the vehicle and all lienholders of record, addressed to their last known address of record, that the abandoned vehicle ha…

search an individual, vehicle, or location upon probable cause or as otherwise justified by law. These rules are intended to implement Iowa Code sections 80.9(2)“a” and 321.89 and Florida v. Wells, 110 Sup. Ct. 1632. [Filed 6/7/79, Notice 5/2/79—published 6/27/79, effective 8/2/7…

is established in Iowa Code section 80.28, under the joint purview of the department of public safety and the department of transportation. The board is charged to develop, implement, and oversee policy, operations, and fiscal components of communications interoperability efforts…

board and its procedures and about interoperability issues may be found on the Web site of the board. Note: The board Web site may be found at http://isicsb.iowa.gov/index.html. [ARC 9678B, IAB 8/24/11, effective 10/1/11] These rules are intended to implement Iowa Code section 80…

“Board” means the statewide interoperable communications system board established in Iowa Code section 80.28. “Interoperability” means the ability of public safety and public services personnel to communicate and to share data on an immediate basis, on demand, when needed, and wh…

is not a member of the board as the statewide interoperability coordinator (or “SWIC”) to coordinate work performed on behalf of the board and to complete tasks related to the mission of the board as assigned by the board or by the chairperson of the board with board approval. [A…

600.4(1) Membership. The board shall include 15 voting members and 4 ex officio, nonvoting members who are members of the Iowa general assembly, as provided in Iowa Code section 80.28. 600.4(2) Meetings. a. The board shall meet at least once a quarter at a time and place determin…

by reference, with the following amendment: 600.5(1) Wherever the term “department,” “department of public safety,” “commissioner,” or “commissioner of public safety” appears, substitute the term “board.” 600.5(2) Reserved. [ARC 9678B, IAB 8/24/11, effective 10/1/11]

600.6(1) Standing committees. A standing committee may be created or disbanded by majority vote of the voting members of the board present at any board meeting. a. The chairperson of each standing committee shall be a voting member of the board. b. Persons who are not voting memb…

coordinator shall be paid from funds available to the department of public safety or the department of transportation, pursuant to an agreement between those agencies, except that expenses related to participation on the board by employees of state agencies shall be borne by thei…

pursuit of the board’s purpose. Any such contract shall be entered into subject to approval of the legal counsel to the board and shall comply with the rules of the department of administrative services and any other applicable state laws regarding purchases by state agencies. [A…

basis for projects to further the purposes of the board, the chairperson shall appoint an advisory committee to review grant applications. The chairperson of the advisory committee shall be a voting member of the board, although other members may be members of the board or other …

DIVISION I IOWA ON-LINE WARRANTS AND ARTICLES SYSTEM [Prior to 8/16/95, see 661—8.1 to 8.101]

The Iowa on-line warrants and articles (IOWA) criminal justice information system is administered by the division of administrative services, field services bureau. The IOWA system, created pursuant to Iowa Code paragraph 80.9(2)“d” and Iowa Code section 692.14, provides criminal…

access to databases from various state agencies within Iowa, from the Federal Bureau of Investigation’s National Crime Information Center (NCIC), and from the motor vehicle departments of other states nationally through the National Law Enforcement Telecommunications System (NLET…

immunodeficiency virus-related (HIV) information into a wanted or missing person file of the IOWA system and the National Crime Information Center operated by the Federal Bureau of Investigation. HIV information shall be kept confidential and may be communicated only in accordanc…

justice agencies as defined by Iowa Code section 692.1(7). Prior to being permitted terminal access to the IOWA system, a criminal justice agency shall meet the following criteria: 8.104(1) All terminals shall be located within the facilities or vehicles of authorized agencies wh…

history data received from the department that is served with a subpoena, court order, request for production or other legal process demanding the production of criminal history data, shall notify the department in writing so that the department has an opportunity to make a timel…

These rules are intended to implement Iowa Code sections 80.9 and 692.14. DIVISION II CRIMINAL INTELLIGENCE INFORMATION Rescinded IAB 11/8/06, effective 1/1/07; see 661—Chapter 81 DIVISION III IOWA SEX OFFENDER REGISTRY Rescinded IAB 2/16/05, effective 4/1/05; see 661—Ch 83 [File…

“Agency” means the “department of public safety.” [ARC 7562B, IAB 2/11/09, effective 4/1/09]