Title III, PUBLIC SERVICES AND REGULATION (Ch. 80 - 122C)

Contributions deducted from the wages of the member under section 97B.11 prior to January 1, 1995, member contributions picked up by the employer under section 97B.11A beginning January 1, 1995, and the employer’s contribution shall be forwarded to the system for recording and de…

1. For purposes of this section , unless the context otherwise requires: a. “Change in the schedule of wage payments” means the formal or informal deferral of wages earned in one calendar year to a later calendar year or the acceleration of the wages payable under a contract of e…

1. The system may adopt rules under chapter 17A and establish procedures, not inconsistent with this chapter , which are necessary or appropriate to implement this chapter and shall adopt reasonable and proper rules to regulate and provide for the nature and extent of the proofs …

The system shall make decisions as to the rights of an individual applying for a payment under this chapter . When requested by an individual, or a person who makes a showing in writing that the individual’s or person’s rights may be prejudiced by a decision the system has made, …

1. The system shall establish and maintain records of each member, including but not limited to the amount of wages of each member, the contributions made on behalf of each member with interest, interest dividends credited, beneficiary designations, and applications for benefits …

After the expiration of each calendar year and prior to July 1 of the succeeding year, the system shall furnish each member with a statement of the member’s accumulated contributions and benefit credits accrued under this chapter up to the end of that calendar year and additional…

If following the delivery of the statement provided in section 97B.18 , it is brought to the attention of the system that any entry of wages in its records is erroneous, or that any item of wages has been omitted from the records, the system may correct the entry or include the o…

When used in this chapter : 1. “Abolished system” means the Iowa old-age and survivors’ insurance system repealed by sections 97.50 through 97.53 . 2. “Accumulated contributions” means the total obtained as of any date, by accumulating each individual contribution by the member w…

The purpose of this chapter is to promote economy and efficiency in the public service by providing an orderly means for employees, without hardship or prejudice, to have a retirement system which will provide for the payment of annuities, enabling the employees to care for thems…

Members and third-party payees may appeal any decision made by the system that affects their rights under this chapter . The appeal shall be filed with the system within thirty days after the notification of the decision was mailed to the party’s last known mailing address, or th…

If an appeal is filed and is not withdrawn, an administrative law judge in the department of inspections, appeals, and licensing, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify, or reverse the decision of the system. The hearing shall be…

For the purpose of any hearing, investigation, or other proceeding authorized or directed under this chapter , or relative to any other matter within its jurisdiction under this chapter , the system or administrative law judge may issue subpoenas requiring the attendance and test…

In case of refusal to obey a subpoena duly served upon any person, any district court of the state of Iowa for the district in which the person charged with refusal to obey is found or resides or transacts business, upon application by the system, may issue an order requiring tha…

No person so subpoenaed or ordered shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the p…

A representative designated by the chief executive officer and referred to in this chapter as a retirement benefits officer shall promptly examine applications for retirement benefits and on the basis of facts found shall determine whether or not the claim is valid. If the claim …

Anyone aggrieved by the decision of the administrative law judge may, at any time before the administrative law judge’s decision becomes final, petition the department of inspections, appeals, and licensing for review by the employment appeal board established in section 10A.601 …

The system shall be deemed to be a party to any judicial action involving any such decision and may be represented in any such judicial action by any qualified attorney who is a regular salaried employee of the system or who has been designated by the system for that purpose or, …

Judicial review of action of the system may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A , petitions for judicial review may be filed in the district …

1. The administrator of the system is the chief executive officer. The chief executive officer shall be appointed by the governor subject to confirmation by the senate and shall serve a four-year term of office beginning and ending as provided in section 69.19 . A vacancy shall b…

No bond shall be required for entering an appeal from any final order, judgment or decree of the district court in a proceeding for judicial review to the supreme court. [C46, 50, §97.33; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.32 ]

Upon final decision of the system, or upon final judgment of any court of competent jurisdiction, that any person is entitled to any payment or payments under this chapter , the system shall make payment to the person, provided that where judicial review of the system’s decision …

When it appears to the system that the interest of an applicant entitled to a payment would be served, certification of payment may be made, regardless of the legal competency or incompetency of the individual entitled to the payment, either for direct payment to the applicant, o…

1. The system may make payments to a minor, as defined in section 599.1 , as follows: a. If the total sum to be paid to the minor is less than the greater of twenty-five thousand dollars or the maximum amount permitted under section 565B.7, subsection 3 , the funds may be paid to…

Any payment made after June 30, 1953, under the conditions set forth in section 97B.34 , shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment. [C46, 50, §97.37; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.35 ]

The system is authorized to delegate to any member, officer, or employee of the system designated by it any of the powers conferred upon it by this chapter and is authorized to be represented by its own attorneys in any court in any case or proceeding arising under the provisions…

The system may prescribe rules governing the recognition of agents or other persons representing claimants before the system, and may require of the agents or other persons, before being recognized as representatives of claimants, that they show that they are of good character an…

The system may, by rule, prescribe reasonable fees which may be charged for costs incurred, including staff time and materials, to perform its duties under this chapter . [C46, 50, §97.42; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.38] 2001 Acts, ch 68, §21, 24 ; 2003 Acts, ch…

The right of any person to any future payment under this chapter is not transferable or assignable, at law or in equity, and the moneys paid or payable or rights existing under this chapter are not subject to execution, levy, attachment, garnishment, or other legal process, or to…

1. Chief executive officer. The system, through the chief executive officer, shall administer this chapter . The chief executive officer shall also be the system’s statutory designee with respect to the rulemaking power. 2. General authority. a. The system may adopt, amend, waive…

1. A person shall be guilty of a fraudulent practice if the person makes, or causes to be made, any false statement or representation for the purpose of causing an increase in any payment authorized to be made under this chapter , for the purpose of causing any payment to be made…

1. Each employee whose employment commences after July 4, 1953, or who has not qualified for credit for prior service rendered prior to July 4, 1953, or any publicly elected official of the state or any of its political subdivisions shall become a member upon the first day in whi…

1. Commencing January 1, 1999, a person who is newly hired in a position as an employee, as defined in section 97B.1A, subsection 8 , paragraph “a” , shall be covered under this chapter unless the person files an application with appropriate documentation to the system within six…

1. Commencing July 1, 1994, a person who is newly hired in the following positions in the department of public safety shall be a member of the Iowa department of public safety peace officers’ retirement, accident, and disability system established in chapter 97A : a. Gaming enfor…

A municipal utility that has established a pension and annuity retirement system for its employees pursuant to chapter 412 , or a school district that has established a pension and annuity retirement system for its employees pursuant to chapter 294 , may adopt a resolution to aut…

1. Each member in service on July 4, 1953, who made contributions under the abolished system, and who has not applied for and qualified for benefit payments under the abolished system, shall receive credit for years of prior service in the determination of retirement allowance pa…

1. Each member shall designate on a form to be furnished by the system a beneficiary for death benefits payable under this chapter on the death of the member. The designation may be changed from time to time by the member by filing a new designation with the system. 2. A designat…

A member’s normal retirement date is any of the following, whichever is applicable to the member: 1. The first of the month in which a member attains the age of sixty-five years if the member has not completed twenty years of membership service. 2. The first of the month in which…

1. A member who is not an active member of any other retirement system in the state which is maintained in whole or in part by public contributions may remain in service beyond the date the member attains the age of sixty-five. The employer shall not consider age as a factor in d…

A member’s early retirement date shall be the first of the month in which a member attains the age of fifty-five years or the first of any month after attaining the age of fifty-five years prior to the member’s normal retirement date, provided such date shall be after the last da…

1. Retirement allowances shall be paid monthly, except that, if an allowance of less than six hundred dollars a year is payable pursuant to section 97B.51, subsection 1 , paragraph “b” , the member’s retirement benefit shall be paid as a lump sum in an amount equal to the sum of …

1. a. If a member who has not reached the member’s sixty-fifth birthday and who has a bona fide retirement under this chapter is in regular full-time employment during a calendar year, the member’s retirement allowance shall be reduced by fifty cents for each dollar the member ea…

1. In the event that all, or any portion, of a retirement allowance, death benefit, or other distribution payable to a member or a member’s designated beneficiary, heirs at law, or estate, remains unpaid solely by reason of the inability of the system to locate the appropriate pa…

1. Definitions. For the purposes of this section : a. “Applicable percentage” means sixty percent or, for each active or inactive vested member retiring on or after July 1, 1996, sixty percent plus, if applicable, an additional one-fourth of one percentage point for each addition…

1. Definitions. For purposes of this section : a. “Applicable percentage” means the greater of the following percentages: (1) Sixty percent. (2) For each active or inactive vested member retiring on or after July 1, 1996, but before July 1, 2000, sixty percent plus, if applicable…

1. Definitions. For purposes of this section : a. “Applicable percentage” means the greater of the following percentages: (1) Sixty percent. (2) For each active or inactive vested member retiring on or after July 1, 1996, and before July 1, 1998, sixty percent plus, if applicable…

1. An active or inactive vested member, who is or has been employed in both special service and regular service, who retires on or after July 1, 1996, who is vested by service, and who at the time of retirement is at least fifty-five years of age, may elect to receive, in lieu of…