Senate Study Bill 3300 



                                      SENATE FILE       
                                      BY  (PROPOSED COMMITTEE ON
                                           APPROPRIATIONS BILL BY
                                           CHAIRPERSON DVORSKY)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning public retirement systems and other employee
  2    benefit=related matters, including the public safety peace
  3    officers' retirement, accident, and disability system, the
  4    Iowa public employees' retirement system, the statewide fire
  5    and police retirement system, and the judicial retirement
  6    system, including implementation and transition provisions,
  7    and providing effective and retroactive applicability dates.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 6675XC 82
 10 ec/sc/5

PAG LIN



  1  1                           DIVISION I
  1  2            PUBLIC SAFETY PEACE OFFICERS' RETIREMENT,
  1  3                 ACCIDENT, AND DISABILITY SYSTEM
  1  4    Section 1.  Section 97A.1, subsection 14, Code 2007, is
  1  5 amended by striking the subsection.
  1  6    Sec. 2.  Section 97A.1, subsection 15, Code 2007, is
  1  7 amended to read as follows:
  1  8    15.  "Pensions" shall mean annual payments for life derived
  1  9 from the appropriations provided by the state of Iowa and from
  1 10 contributions of the members which are deposited in the
  1 11 pension accumulation retirement fund.  All pensions shall be
  1 12 paid in equal monthly installments.
  1 13    Sec. 3.  Section 97A.4, Code 2007, is amended by adding the
  1 14 following new unnumbered paragraph:
  1 15    NEW UNNUMBERED PARAGRAPH.  Upon application by an active
  1 16 member prior to June 30, 2009, the board of trustees shall
  1 17 credit as service for a member of the system a previous period
  1 18 of service as a member of a city fire retirement system and
  1 19 police retirement system operating under chapter 411 prior to
  1 20 January 1, 1992, for which service was not eligible to be
  1 21 transferred to this system pursuant to section 97A.17.
  1 22    Sec. 4.  Section 97A.5, subsections 3 and 4, Code 2007, are
  1 23 amended to read as follows:
  1 24    3.  COMPENSATION.  The trustees shall serve as such without
  1 25 compensation, but they shall be reimbursed from the expense
  1 26 retirement fund for all necessary expenses which they may
  1 27 incur through service on the board.
  1 28    4.  RULES.  The board of trustees shall, from time to time,
  1 29 establish such rules not inconsistent with this chapter, for
  1 30 the administration of funds the system and the retirement fund
  1 31 created by this chapter and as may be necessary or appropriate
  1 32 for the transaction of its business.
  1 33    Sec. 5.  Section 97A.5, subsection 6, paragraph a, Code
  1 34 2007, is amended to read as follows:
  1 35    a.  The department of public safety shall keep in
  2  1 convenient form the data necessary for the actuarial valuation
  2  2 of the various funds of the system and for checking the
  2  3 expense of the system.  The commissioner of public safety
  2  4 shall keep a record of all the acts and proceedings of the
  2  5 board, which records shall be open to public inspection.  The
  2  6 board of trustees shall biennially make a report to the
  2  7 general assembly showing the fiscal transactions of the system
  2  8 for the preceding biennium, the amount of the accumulated cash
  2  9 and securities of the system, and the last balance sheet
  2 10 showing the financial condition of the system by means of an
  2 11 actuarial valuation of the assets and liabilities of the
  2 12 system.
  2 13    Sec. 6.  Section 97A.5, subsections 8, 9, 11, and 12, Code
  2 14 2007, are amended to read as follows:
  2 15    8.  MEDICAL BOARD.  The board of trustees shall designate a
  2 16 single medical provider network as the medical board to be
  2 17 composed of three physicians who for the system.  The medical
  2 18 board shall arrange for and pass upon the all medical
  2 19 examinations required under the provisions of this chapter and
  2 20 shall report in writing to the board of trustees, its
  2 21 conclusions and recommendations upon all matters duly referred
  2 22 to it.  For examinations required because of disability, a
  2 23 physician from the medical board specializing in occupational
  2 24 medicine, and a second physician specializing in an
  2 25 appropriate field of medicine as determined by the
  2 26 occupational medicine physician, shall pass upon the medical
  2 27 examinations required for disability retirements and shall
  2 28 report to the system in writing their conclusions and
  2 29 recommendations upon all matters referred to the medical
  2 30 board.  Each report of a medical examination under section
  2 31 97A.6, subsections 3 and 5, shall include the medical board's
  2 32 findings in accordance with section 97A.6 as to the extent of
  2 33 the member's physical impairment.
  2 34    9.  DUTIES OF ACTUARY.  The actuary hired by the board of
  2 35 trustees shall be the technical advisor of the board of
  3  1 trustees on matters regarding the operation of the funds
  3  2 retirement fund created by the provisions of this chapter and
  3  3 shall perform such other duties as are required in connection
  3  4 therewith.
  3  5    11.  ACTUARIAL INVESTIGATION.  At least once in each
  3  6 two=year period, the actuary hired by the board of trustees
  3  7 shall make an actuarial investigation in the mortality,
  3  8 service, and compensation experience of the members and
  3  9 beneficiaries of the system, and the interest and other
  3 10 earnings on the moneys and other assets of the system, and
  3 11 shall make a valuation of the assets and liabilities of the
  3 12 funds retirement fund of the system, and taking into account
  3 13 the results of the investigation and valuation, the board of
  3 14 trustees shall:
  3 15    a.  Adopt adopt for the system, upon recommendation of the
  3 16 system's actuary, such actuarial methods and assumptions,
  3 17 interest rate, and mortality and other tables as shall be
  3 18 deemed necessary;
  3 19    b.  Certify the rates of contribution payable by the state
  3 20 of Iowa in accordance with section 97A.8 to conduct the
  3 21 actuarial valuation of the system.
  3 22    12.  ANNUAL ACTUARIAL VALUATION.
  3 23    a.  On the basis of the actuarial methods and assumptions,
  3 24 rate of interest, and tables adopted by the board of trustees,
  3 25 the actuary hired by the board of trustees shall make an
  3 26 annual actuarial valuation of the assets and liabilities of
  3 27 the funds of the system retirement fund created by this
  3 28 chapter.  As a result of the annual actuarial valuation, the
  3 29 board of trustees shall certify the rates of contribution
  3 30 payable by the state of Iowa in accordance with section 97A.8.
  3 31    b.  Effective with the fiscal year beginning July 1, 2008,
  3 32 the annual actuarial valuation required to be conducted shall
  3 33 include information as required by section 97D.5.
  3 34    Sec. 7.  Section 97A.5, subsection 13, paragraphs b, c, and
  3 35 d, Code 2007, are amended to read as follows:
  4  1    b.  The funds retirement fund established in section 97A.8
  4  2 shall be held in trust for the benefit of the members of the
  4  3 system and the members' beneficiaries.  No part of the corpus
  4  4 or income of the funds retirement fund shall be used for, or
  4  5 diverted to, purposes other than for the exclusive benefit of
  4  6 the members or the members' beneficiaries or for expenses
  4  7 incurred in the operation of the funds retirement fund.  A
  4  8 person shall not have any interest in, or right to, any part
  4  9 of the corpus or income of the funds retirement fund except as
  4 10 otherwise expressly provided.
  4 11    c.  Notwithstanding any provision of this chapter to the
  4 12 contrary, in the event of a complete discontinuance of
  4 13 contributions, for reasons other than achieving fully funded
  4 14 status upon an actuarially determined basis, or upon
  4 15 termination of the funds retirement fund established in
  4 16 section 97A.8, a member shall be vested, to the extent then
  4 17 funded, in the benefits which the member has accrued at the
  4 18 date of the discontinuance or termination.
  4 19    d.  Benefits payable from the funds retirement fund
  4 20 established in section 97A.8 to members and members'
  4 21 beneficiaries shall not be increased due to forfeitures from
  4 22 other members.  Forfeitures shall be used as soon as possible
  4 23 to reduce future contributions by the state to the pension
  4 24 accumulation retirement fund, except that the rate shall not
  4 25 be less than the minimum rate established in section 97A.8.
  4 26    Sec. 8.  Section 97A.5, subsection 14, Code 2007, is
  4 27 amended to read as follows:
  4 28    14.  INVESTMENT CONTRACTS.  The board of trustees may
  4 29 execute contracts and agreements with investment advisors,
  4 30 consultants, and investment management and benefit consultant
  4 31 firms in the administration of the funds retirement fund
  4 32 established in section 97A.8.
  4 33    Sec. 9.  Section 97A.6, subsection 7, Code 2007, is amended
  4 34 by adding the following new paragraph:
  4 35    NEW PARAGRAPH.  d.  Should a disability beneficiary under
  5  1 age fifty=five be employed in a public safety occupation, the
  5  2 disability beneficiary's retirement allowance shall cease.
  5  3 Notwithstanding any provision of this chapter to the contrary,
  5  4 if a disability beneficiary is employed in a public safety
  5  5 occupation that would otherwise constitute membership service,
  5  6 the disability beneficiary shall not become a member of the
  5  7 system.  For purposes of this paragraph, "public safety
  5  8 occupation" means a peace officer, as defined in section
  5  9 97A.1; a protection occupation, as defined in section 97B.49B;
  5 10 a sheriff or deputy sheriff as defined in section 97B.49C; and
  5 11 a police officer or fire fighter as defined in section 411.1,
  5 12 who was not restored to active service as provided by this
  5 13 subsection.
  5 14    Sec. 10.  Section 97A.6, subsection 11, Code 2007, is
  5 15 amended to read as follows:
  5 16    11.  PENSIONS OFFSET BY COMPENSATION BENEFITS.  Any amounts
  5 17 which may be paid or payable by the state under the provisions
  5 18 of any workers' compensation or similar law to a member or to
  5 19 the dependents of a member on account of any disability or
  5 20 death, shall be offset against and payable in lieu of any
  5 21 benefits payable out of funds the retirement fund provided by
  5 22 the state under the provisions of this chapter on account of
  5 23 the same disability or death.  In case the present value of
  5 24 the total commuted benefits under said workers' compensation
  5 25 or similar law is less than the pension reserve on present
  5 26 value of the benefits otherwise payable from funds the
  5 27 retirement fund provided by the state under this chapter, then
  5 28 the present value of the commuted payments shall be deducted
  5 29 from the pension reserve payable and such benefits as may be
  5 30 provided by the pension reserve system so reduced shall be
  5 31 payable under the provisions of this chapter.
  5 32    Sec. 11.  Section 97A.7, subsections 1, 2, and 3, Code
  5 33 Supplement 2007, are amended to read as follows:
  5 34    1.  The board of trustees shall be the trustees of the
  5 35 several funds retirement fund created by this chapter as
  6  1 provided in section 97A.8 and shall have full power to invest
  6  2 and reinvest such funds subject to the terms, conditions,
  6  3 limitations, and restrictions imposed by subsection 2 of this
  6  4 section and chapter 12F, and subject to like terms,
  6  5 conditions, limitations, and restrictions said trustees shall
  6  6 have full power to hold, purchase, sell, assign, transfer, or
  6  7 dispose of any of the securities and investments in which any
  6  8 of the funds created herein shall retirement fund which have
  6  9 been invested, as well as of the proceeds of said investments
  6 10 and any moneys belonging to said funds the retirement fund.
  6 11 The board of trustees may authorize the treasurer of state to
  6 12 exercise any of the duties of this section.  When so
  6 13 authorized the treasurer of state shall report any
  6 14 transactions to the board of trustees at its next monthly
  6 15 meeting.
  6 16    2.  The several funds retirement fund created by this
  6 17 chapter may be invested in any investments authorized for the
  6 18 Iowa public employees' retirement system in section 97B.7A.
  6 19    3.  The treasurer of the state shall be the custodian of
  6 20 the several funds retirement fund.  All payments from said
  6 21 funds the retirement fund shall be made by the treasurer only
  6 22 upon vouchers signed by two persons designated by the board of
  6 23 trustees.  A duly attested copy of the resolution of the board
  6 24 of trustees designating such persons and bearing on its face
  6 25 specimen signatures of such persons shall be filed with the
  6 26 treasurer of state as the treasurer's authority for making
  6 27 payments on such vouchers.  No voucher shall be drawn unless
  6 28 it shall previously have been allowed by resolution of the
  6 29 board of trustees.
  6 30    Sec. 12.  Section 97A.8, Code 2007, is amended to read as
  6 31 follows:
  6 32    97A.8  METHOD OF FINANCING.
  6 33    There is hereby created as a special fund, separate and
  6 34 apart from all other public moneys or funds of this state, the
  6 35 peace officers' retirement, accident, and disability system
  7  1 retirement fund, hereafter called the "retirement fund".  All
  7  2 the assets of the system created and established by this
  7  3 chapter shall be credited according to the purpose for which
  7  4 they are held to one of three funds, namely, the pension
  7  5 accumulation fund, the pension reserve fund, and the expense
  7  6 to the retirement fund.
  7  7    1.  PENSION ACCUMULATION FUND.  The pension accumulation
  7  8 fund shall be the fund in which shall be accumulated all All
  7  9 moneys for the payment of all pensions and other benefits
  7 10 payable from contributions made by the state and from which
  7 11 shall be paid the lump=sum death benefits for all members
  7 12 payable from the said contributions shall be accumulated in
  7 13 the retirement fund.  The refunds and benefits for all members
  7 14 and beneficiaries shall be payable from the retirement fund.
  7 15 Contributions to and payments from the pension accumulation
  7 16 retirement fund shall be as follows:
  7 17    a.  On account of each member there shall be paid annually
  7 18 into the pension accumulation retirement fund by the state of
  7 19 Iowa an amount equal to a certain percentage of the earnable
  7 20 compensation of the member to be known as the "normal
  7 21 contribution".  The rate percent of such contribution shall be
  7 22 fixed on the basis of the liabilities of the retirement system
  7 23 as shown by annual actuarial valuations.
  7 24    b.  (1)  On the basis of the actuarial methods and
  7 25 assumptions, rate of interest, and of the mortality, interest,
  7 26 and other tables adopted by the board of trustees, the board
  7 27 of trustees, upon the advice of the actuary hired by the board
  7 28 for that purpose, shall make each valuation required by this
  7 29 chapter pursuant to the requirements of section 97A.5 and
  7 30 shall immediately after making such valuation, determine the
  7 31 "normal contribution rate".  The normal contribution rate
  7 32 shall be the rate percent of the earnable compensation of all
  7 33 members obtained by deducting from the total liabilities of
  7 34 the fund the sum of the amount of the funds in hand to the
  7 35 credit of the fund and dividing the remainder by one percent
  8  1 of the present value of the prospective future compensation of
  8  2 all members as computed on the basis of the rate of interest
  8  3 and of mortality and service tables adopted by the board of
  8  4 trustees, all equal to the rate required by the system to
  8  5 discharge its liabilities, stated as a percentage of the
  8  6 earnable compensation of all members, and reduced by the
  8  7 employee contribution made pursuant to rate provided in this
  8  8 subsection.  However, the normal rate of contribution shall
  8  9 not be less than seventeen percent.  The normal rate of
  8 10 contribution shall be determined by the board of trustees
  8 11 after each valuation.  To assist in determining the normal
  8 12 rate of contribution, the board of trustees may adopt a
  8 13 smoothing method for valuing the assets of the system.  The
  8 14 smoothing method is designed to reduce changes in the normal
  8 15 contribution rate which could result from fluctuations in the
  8 16 market value of the assets of the system.
  8 17    (2)  Notwithstanding the provisions of subparagraph (1) to
  8 18 the contrary, the normal contribution rate shall be as
  8 19 follows:
  8 20    (a)  For the fiscal year beginning July 1, 2008, nineteen
  8 21 percent.
  8 22    (b)  For the fiscal year beginning July 1, 2009, twenty=one
  8 23 percent.
  8 24    (c)  For the fiscal year beginning July 1, 2010,
  8 25 twenty=three percent.
  8 26    (d)  For the fiscal year beginning July 1, 2011,
  8 27 twenty=five percent.
  8 28    (e)  For each fiscal year beginning on or after July 1,
  8 29 2012, the lesser of twenty=seven percent or the normal
  8 30 contribution rate as calculated pursuant to subparagraph (1).
  8 31    c.  The total amount payable in each year to the pension
  8 32 accumulation retirement fund shall not be less than the rate
  8 33 percent known as the normal contribution rate of the total
  8 34 compensation earnable by all members during the year.
  8 35 However, the aggregate payment by the state shall be
  9  1 sufficient when combined with the amount in the retirement
  9  2 fund to provide the pensions and other benefits payable out of
  9  3 the retirement fund during the then current year.
  9  4    d.  All lump=sum death benefits on account of death in
  9  5 active service payable from contributions of the state shall
  9  6 be paid from the pension accumulation retirement fund.
  9  7    e.  Upon the retirement or death of a member an amount
  9  8 equal to the pension reserve on any pension payable to the
  9  9 member or on account of the member's death shall be
  9 10 transferred from the pension accumulation fund to the pension
  9 11 reserve fund.
  9 12    f.  e.  Except as otherwise provided in paragraph "h" "g":
  9 13    (1)  An amount equal to three and one=tenth percent of each
  9 14 member's compensation from the earnable compensation of the
  9 15 member shall be paid to the pension accumulation retirement
  9 16 fund for the fiscal year beginning July 1, 1989.
  9 17    (2)  An amount equal to four and one=tenth percent of each
  9 18 member's compensation from the earnable compensation of the
  9 19 member shall be paid to the pension accumulation retirement
  9 20 fund for the fiscal year beginning July 1, 1990.
  9 21    (3)  An amount equal to five and one=tenth percent of each
  9 22 member's compensation from the earnable compensation of the
  9 23 member shall be paid to the pension accumulation retirement
  9 24 fund for the fiscal year beginning July 1, 1991.
  9 25    (4)  An amount equal to six and one=tenth percent of each
  9 26 member's compensation from the earnable compensation of the
  9 27 member shall be paid to the pension accumulation retirement
  9 28 fund for the fiscal year beginning July 1, 1992.
  9 29    (5)  An amount equal to seven and one=tenth percent of each
  9 30 member's compensation from the earnable compensation of the
  9 31 member shall be paid to the pension accumulation retirement
  9 32 fund for the fiscal year beginning July 1, 1993.
  9 33    (6)  An amount equal to eight and one=tenth percent of each
  9 34 member's compensation from the earnable compensation of the
  9 35 member shall be paid to the pension accumulation retirement
 10  1 fund for the fiscal period beginning July 1, 1994, through
 10  2 December 31, 1994, and an amount equal to eight and
 10  3 thirty=five hundredths percent of each member's compensation
 10  4 from the earnable compensation of the member shall be paid to
 10  5 the pension accumulation retirement fund for the fiscal period
 10  6 beginning January 1, 1995, through June 30, 1995.
 10  7    (7)  An amount equal to nine and thirty=five hundredths
 10  8 percent of each member's compensation from the earnable
 10  9 compensation of the member shall be paid to the pension
 10 10 accumulation retirement fund for the fiscal year beginning
 10 11 July 1, 1995.
 10 12    (8)  Notwithstanding any other provision of this chapter,
 10 13 beginning July 1, 1996, and each fiscal year thereafter, an
 10 14 amount equal to the member's contribution rate times each
 10 15 member's compensation shall be paid to the pension
 10 16 accumulation retirement fund from the earnable compensation of
 10 17 the member.  For the purposes of this subparagraph, the
 10 18 member's contribution rate shall be nine and thirty=five
 10 19 hundredths percent.  However, the system shall increase the
 10 20 member's contribution rate as necessary to cover any increase
 10 21 in cost to the system resulting from statutory changes which
 10 22 are enacted by any session of the general assembly meeting
 10 23 after January 1, 1995, if the increase cannot be absorbed
 10 24 within the contribution rates otherwise established pursuant
 10 25 to this paragraph, but subject to a maximum employee
 10 26 contribution rate of eleven and three=tenths percent.  After
 10 27 the employee contribution reaches eleven and three=tenths
 10 28 percent, sixty percent of the additional cost of such
 10 29 statutory changes shall be paid by the employer under
 10 30 paragraph "c" and forty percent of the additional cost shall
 10 31 be paid by employees under this paragraph subparagraph (8).
 10 32    g.  f.  The board of trustees shall certify to the director
 10 33 of the department of administrative services and the director
 10 34 of the department of administrative services shall cause to be
 10 35 deducted from the earnable compensation of each member the
 11  1 contribution required under this subsection and shall forward
 11  2 the contributions to the board of trustees for recording and
 11  3 for deposit in the pension accumulation retirement fund.
 11  4    The deductions provided for under this subsection shall be
 11  5 made notwithstanding that the minimum compensation provided by
 11  6 law for any member is reduced.  Every member is deemed to
 11  7 consent to the deductions made under this section.
 11  8    h.  g.  Notwithstanding the provisions of paragraph "f"
 11  9 "e", the following transition percentages apply to members'
 11 10 contributions as specified:
 11 11    (1)  For members who on July 1, 1990, have attained the age
 11 12 of forty=nine years or more, an amount equal to nine and
 11 13 one=tenth percent of each member's compensation from the
 11 14 earnable compensation of the member shall be paid to the
 11 15 pension accumulation retirement fund for the fiscal period
 11 16 beginning July 1, 1990, through October 15, 1992, and
 11 17 commencing October 16, 1992, and for each subsequent fiscal
 11 18 period, the rates specified in paragraph "f" "e",
 11 19 subparagraphs (4) through (8), shall apply.
 11 20    (2)  For members who on July 1, 1990, have attained the age
 11 21 of forty=eight years but have not attained the age of
 11 22 forty=nine years, an amount equal to eight and one=tenth
 11 23 percent shall be paid for the fiscal year beginning July 1,
 11 24 1990, and an amount equal to nine and one=tenth percent shall
 11 25 be paid for the fiscal period beginning July 1, 1991, through
 11 26 October 15, 1992, and commencing October 16, 1992, and for
 11 27 each subsequent fiscal period, the rates specified in
 11 28 paragraph "f" "e", subparagraphs (4) through (8), shall apply.
 11 29    (3)  For members who on July 1, 1990, have attained the age
 11 30 of forty=seven years but have not attained the age of
 11 31 forty=eight years, an amount equal to seven and one=tenth
 11 32 percent shall be paid for the fiscal year beginning July 1,
 11 33 1990, an amount equal to eight and one=tenth percent shall be
 11 34 paid for the fiscal year beginning July 1, 1991, and an amount
 11 35 equal to nine and one=tenth percent shall be paid for the
 12  1 fiscal period beginning July 1, 1992, through October 15,
 12  2 1992, and commencing October 16, 1992, and for each subsequent
 12  3 fiscal period, the rates specified in paragraph "f" "e",
 12  4 subparagraphs (4) through (8), shall apply.
 12  5    (4)  For members who on July 1, 1990, have attained the age
 12  6 of forty=six years but have not attained the age of
 12  7 forty=seven years, an amount equal to six and one=tenth
 12  8 percent shall be paid for the fiscal year beginning July 1,
 12  9 1990, an amount equal to seven and one=tenth percent shall be
 12 10 paid for the fiscal year beginning July 1, 1991, an amount
 12 11 equal to eight and one=tenth percent shall be paid for the
 12 12 fiscal period beginning July 1, 1992, through October 15,
 12 13 1992, and commencing October 16, 1992, and for each subsequent
 12 14 fiscal period, the rates specified in paragraph "f" "e",
 12 15 subparagraphs (4) through (8), shall apply.
 12 16    (5)  For members who on July 1, 1990, have attained the age
 12 17 of forty=five years but have not attained the age of forty=six
 12 18 years, an amount equal to five and one=tenth percent shall be
 12 19 paid for the fiscal year beginning July 1, 1990, an amount
 12 20 equal to six and one=tenth percent shall be paid for the
 12 21 fiscal year beginning July 1, 1991, and an amount equal to
 12 22 seven and one=tenth percent shall be paid for the fiscal
 12 23 period beginning July 1, 1992, through October 15, 1992.
 12 24 Commencing October 16, 1992, and for each subsequent fiscal
 12 25 period, the rates specified in paragraph "f" "e",
 12 26 subparagraphs (4) through (8), shall apply.
 12 27    i.  h.  (1)  Notwithstanding paragraph "g" "f" or other
 12 28 provisions of this chapter, beginning January 1, 1995, for
 12 29 federal income tax purposes, and beginning January 1, 1999,
 12 30 for state income tax purposes, member contributions required
 12 31 under paragraph "f" "e" or "h" "g" which are picked up by the
 12 32 department shall be considered employer contributions for
 12 33 federal and state income tax purposes, and the department
 12 34 shall pick up the member contributions to be made under
 12 35 paragraph "f" "e" or "h" "g" by its employees.  The department
 13  1 shall pick up these contributions by reducing the salary of
 13  2 each of its employees covered by this chapter by the amount
 13  3 which each employee is required to contribute under paragraph
 13  4 "f" "e" or "h" "g" and shall certify the amount picked up in
 13  5 lieu of the member contributions to the department of
 13  6 administrative services.  The department of administrative
 13  7 services shall forward the amount of the contributions picked
 13  8 up to the board of trustees for recording and deposit in the
 13  9 pension accumulation retirement fund.
 13 10    (2)  Member contributions picked up by the department under
 13 11 subparagraph (1) shall be treated as employer contributions
 13 12 for federal and state income tax purposes only and for all
 13 13 other purposes of this chapter shall be treated as employee
 13 14 contributions and deemed part of the employee's earnable
 13 15 compensation or salary.
 13 16    2.  PENSION RESERVE FUND.  The pension reserve fund shall
 13 17 be the fund in which shall be held the reserves on all
 13 18 pensions granted to members or to their beneficiaries and from
 13 19 which such pensions and benefits in lieu thereof shall be
 13 20 paid.  Should a beneficiary retired on account of disability
 13 21 be restored to active service and again become a member of the
 13 22 system, the member's pension reserve shall be transferred from
 13 23 the pension reserve fund to the pension accumulation fund.
 13 24 Should the pension of a disability beneficiary be reduced as a
 13 25 result of an increase in the beneficiary's amount earned, the
 13 26 amount of the annual reduction in the beneficiary's pension
 13 27 shall be paid annually into the pension accumulation fund
 13 28 during the period of such reduction.
 13 29    3.  2.  a.  EXPENSE FUND.  The expense fund shall be the
 13 30 fund to which shall be credited all money provided by the
 13 31 state of Iowa to pay the administration expenses of the system
 13 32 and from which shall be paid all All the expenses necessary in
 13 33 connection with the administration and operation of the system
 13 34 shall be paid from the retirement fund.  Biennially the board
 13 35 of trustees shall estimate the amount of money necessary to be
 14  1 paid into the expense fund during the ensuing biennium to
 14  2 provide for the expense of operation of the system.
 14  3 Investment management expenses shall be charged to the
 14  4 investment income of the system and there is appropriated from
 14  5 the system an amount required for the investment management
 14  6 expenses.  The board of trustees shall report the investment
 14  7 management expenses for the fiscal year as a percent of the
 14  8 market value of the system.
 14  9    b.  For purposes of this subsection, investment management
 14 10 expenses are limited to the following:
 14 11    a.  (1)  Fees for investment advisors, consultants, and
 14 12 investment management and benefit consultant firms hired by
 14 13 the board of trustees in administering this chapter.
 14 14    b.  (2)  Fees and costs for safekeeping fund assets.
 14 15    c.  (3)  Costs for performance and compliance monitoring,
 14 16 and accounting for fund investments.
 14 17    d.  (4)  Any other costs necessary to prudently invest or
 14 18 protect the assets of the fund.
 14 19    Sec. 13.  Section 97A.11, Code 2007, is amended to read as
 14 20 follows:
 14 21    97A.11  CONTRIBUTIONS BY THE STATE.
 14 22    On or before the first day of November in each year, the
 14 23 board of trustees shall certify to the director of the
 14 24 department of administrative services the amounts which will
 14 25 become due and payable during the year next following to the
 14 26 pension accumulation retirement fund and the expense fund.
 14 27 The amounts so certified shall be paid by the director of the
 14 28 department of administrative services out of the funds
 14 29 appropriated for the Iowa department of public safety, to the
 14 30 treasurer of state, the same to be credited to the system for
 14 31 the ensuing year.
 14 32    Sec. 14.  Section 97A.12, Code 2007, is amended to read as
 14 33 follows:
 14 34    97A.12  EXEMPTION FROM EXECUTION AND OTHER PROCESS OR
 14 35 ASSIGNMENT == EXCEPTIONS.
 15  1    The right of any person to a pension, annuity, or
 15  2 retirement allowance, to the return of contributions, the
 15  3 pension, annuity, or retirement allowance itself, any optional
 15  4 benefit or death benefit, any other right accrued or accruing
 15  5 to any person under this chapter, and the moneys in the
 15  6 various funds retirement fund created under this chapter, are
 15  7 not subject to execution, garnishment, attachment, or any
 15  8 other process whatsoever, and are unassignable except for the
 15  9 purposes of enforcing child, spousal, or medical support
 15 10 obligations or marital property orders, or as otherwise
 15 11 specifically provided in this chapter.  For the purposes of
 15 12 enforcing child, spousal, or medical support obligations, the
 15 13 garnishment or attachment of or the execution against
 15 14 compensation due a person under this chapter shall not exceed
 15 15 the amount specified in 15 U.S.C. } 1673(b).
 15 16    Sec. 15.  Section 97A.14, Code 2007, is amended to read as
 15 17 follows:
 15 18    97A.14  HOSPITALIZATION AND MEDICAL ATTENTION.
 15 19    The board of trustees shall provide hospital, nursing, and
 15 20 medical attention for the members in service when injured
 15 21 while in the performance of their duties and shall continue to
 15 22 provide hospital, nursing, and medical attention for injuries
 15 23 or diseases incurred while in the performance of their duties
 15 24 for the members receiving a retirement allowance under section
 15 25 97A.6, subsection 6.  The cost of hospital, nursing, and
 15 26 medical attention shall be paid out of the expense retirement
 15 27 fund.  However, any amounts received by the injured person
 15 28 under the workers' compensation law of the state, or from any
 15 29 other source for such specific purposes, shall be deducted
 15 30 from the amount paid by the board of trustees provisions of
 15 31 this section.
 15 32    Sec. 16.  Section 97A.14A, subsection 5, Code 2007, is
 15 33 amended to read as follows:
 15 34    5.  All funds recovered by the system under this section
 15 35 shall be deposited in the pension accumulation retirement fund
 16  1 created in section 97A.8.
 16  2    Sec. 17.  Section 97A.15, subsection 2, paragraph a, Code
 16  3 2007, is amended to read as follows:
 16  4    a.  "Accumulated contributions" means the sum of all
 16  5 amounts deducted from the compensation of a member and
 16  6 credited to the member's individual account in the annuity
 16  7 savings fund together with regular interest thereon as
 16  8 provided in this subsection.  Accumulated contributions do not
 16  9 include any amount deducted from the compensation of a member
 16 10 and credited to the pension accumulation retirement fund.
 16 11    Sec. 18.  Section 97A.15, subsection 8, Code 2007, is
 16 12 amended to read as follows:
 16 13    8.  The actuary shall annually determine the amount
 16 14 required in the annuity reserve fund.  If the amount required
 16 15 is less than the amount in the annuity reserve fund, the board
 16 16 of trustees shall transfer the excess funds from the annuity
 16 17 reserve fund to the pension accumulation retirement fund.  If
 16 18 the amount required is more than the amount in the annuity
 16 19 reserve fund, the board of trustees shall transfer the amount
 16 20 prescribed by the actuary to the annuity reserve fund from the
 16 21 pension accumulation retirement fund.
 16 22    Sec. 19.  PEACE OFFICERS' RETIREMENT, ACCIDENT, AND
 16 23 DISABILITY SYSTEM == REIMBURSEMENT.
 16 24    1.  Notwithstanding any provision of section 97A.8 to the
 16 25 contrary, the Iowa department of public safety peace officers'
 16 26 retirement, accident, and disability system as defined in
 16 27 section 97A.2 shall not increase the contribution rate of
 16 28 members of the system to cover any increase in cost to the
 16 29 system resulting from the section of this Act amending section
 16 30 97A.4.
 16 31    2.  Notwithstanding any provision of chapter 97A to the
 16 32 contrary, a member who purchased permissive service credit
 16 33 pursuant to section 97A.10 for service as described in section
 16 34 97A.10, paragraph "a", subparagraph (2), shall, upon
 16 35 application to the retirement system by October 1, 2008,
 17  1 receive credit for such service as provided by section 97A.4,
 17  2 as amended in this Act, and be reimbursed from the retirement
 17  3 fund as provided in section 97A.8 for contributions made by
 17  4 the member to purchase such service.
 17  5                           DIVISION II
 17  6            IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
 17  7    Sec. 20.  Section 97B.1A, subsection 20, paragraph a, Code
 17  8 2007, is amended to read as follows:
 17  9    a.  Service in the armed forces of the United States, if
 17 10 the employee was employed by a covered employer immediately
 17 11 prior to entry into the armed forces, and if the any of the
 17 12 following requirements are met:
 17 13    (1)  The employee was released from service and returns to
 17 14 covered employment with an employer within twelve months of
 17 15 the date on which the employee has the right of release from
 17 16 service or within a longer period as required by the
 17 17 applicable laws of the United States.
 17 18    (2)  The employee, while serving on active duty in the
 17 19 armed forces of the United States in an area designated by the
 17 20 president of the United States or the United States Congress
 17 21 as a combat zone or as a qualified hazardous duty area, or
 17 22 deployed outside the United States away from the individual's
 17 23 permanent duty station while participating in an operation
 17 24 designated by the United States secretary of defense as a
 17 25 contingency operation as defined in 10 U.S.C. } 101(a)(13), or
 17 26 which became such a contingency operation by the operation of
 17 27 law, dies, or suffers an injury or acquires a disease
 17 28 resulting in death, so long as the death from the injury or
 17 29 disease occurs within a two=year period from the date the
 17 30 employee suffered the active duty injury or disease and the
 17 31 active duty injury or disease prevented the employee from
 17 32 returning to covered employment as provided in subparagraph
 17 33 (1).
 17 34    Sec. 21.  Section 97B.1A, subsection 26, paragraph a,
 17 35 subparagraph (2), subparagraph subdivision (i), Code 2007, is
 18  1 amended to read as follows:
 18  2    (i)  Payments for allowances made to an employee that are
 18  3 not included in an employee's federal taxable income except
 18  4 for those allowances included as wages for a member of the
 18  5 general assembly.
 18  6    Sec. 22.  Section 97B.1A, subsection 26, paragraph a,
 18  7 subparagraph (2), Code 2007, is amended by adding the
 18  8 following new subparagraph subdivision:
 18  9    NEW SUBPARAGRAPH SUBDIVISION.  (n)  Bonuses of any type,
 18 10 whether paid in a lump sum or in installments.
 18 11    Sec. 23.  Section 97B.4, subsection 2, Code Supplement
 18 12 2007, is amended by adding the following new paragraph:
 18 13    NEW PARAGRAPH.  d.  In administering this chapter, the
 18 14 system shall not be a participating agency for purposes of
 18 15 chapter 8A, subchapter II.
 18 16    Sec. 24.  Section 97B.4, subsection 4, paragraph d, Code
 18 17 Supplement 2007, is amended to read as follows:
 18 18    d.  ANNUAL VALUATION OF ASSETS.  The system shall cause an
 18 19 annual actuarial valuation to be made of the assets and
 18 20 liabilities of the retirement system and shall prepare an
 18 21 annual statement of the amounts to be contributed under this
 18 22 chapter, and shall publish annually such valuation of the
 18 23 assets and liabilities and the statement of receipts and
 18 24 disbursements of the retirement system.  Based upon the
 18 25 actuarial methods and assumptions adopted by the board for the
 18 26 annual actuarial valuation, the system shall certify to the
 18 27 governor the contribution rates determined thereby as the
 18 28 rates necessary and sufficient for members and employers to
 18 29 fully fund the benefits and retirement allowances being
 18 30 credited.  Effective with the fiscal year beginning July 1,
 18 31 2008, the annual actuarial valuation required by this
 18 32 paragraph shall include information as required by section
 18 33 97D.5 for each membership group which separately determines
 18 34 contribution rates under this chapter.
 18 35    Sec. 25.  Section 97B.7, subsection 3, paragraph d, Code
 19  1 2007, is amended to read as follows:
 19  2    d.  To be used to pay for investment management expenses
 19  3 incurred in the management of the retirement fund.  Expenses
 19  4 incurred pursuant to this paragraph shall be charged to the
 19  5 investment income of the retirement fund.  However, the amount
 19  6 appropriated for a fiscal year under this paragraph shall not
 19  7 exceed four=tenths of one percent of the market value of the
 19  8 retirement fund.
 19  9    Sec. 26.  Section 97B.9, subsections 1 and 2, Code 2007,
 19 10 are amended to read as follows:
 19 11    1.  An employer shall be charged the greater of ten twenty
 19 12 dollars per occurrence or interest at the combined interest
 19 13 and dividend rate required under section 97B.70 for the
 19 14 applicable calendar year for contributions unpaid on the date
 19 15 on which they are due and payable as prescribed by the system.
 19 16 The system may adopt rules prescribing circumstances for which
 19 17 the interest or charge shall not accrue with respect to
 19 18 contributions required.  Interest or charges collected
 19 19 pursuant to this section shall be paid into the Iowa public
 19 20 employees' retirement fund.
 19 21    2.  If within thirty days after due notice the employer
 19 22 defaults in payment of contributions or interest thereon, the
 19 23 amount due shall may be collected by civil action in the name
 19 24 of the system, and the employer adjudged in default shall pay
 19 25 the costs of such action.  Civil actions brought under this
 19 26 section to collect contributions or interest thereon shall be
 19 27 heard by the court at the earliest possible date and shall be
 19 28 entitled to preference upon the calendar of the court over all
 19 29 other civil actions.
 19 30    Sec. 27.  Section 97B.10, subsection 3, Code 2007, is
 19 31 amended to read as follows:
 19 32    3.  Except as provided in this subsection, interest
 19 33 Interest shall not be paid on credits issued pursuant to this
 19 34 section.  However, if a credit for contributions paid prior to
 19 35 an individual's decision to elect out of coverage pursuant to
 20  1 section 97B.42A is issued, accumulated interest and interest
 20  2 on dividends as provided in section 97B.70 shall apply.  In
 20  3 addition, the system may, at any time, apply accumulated
 20  4 interest and interest dividends as provided in section 97B.70
 20  5 on any credits issued under this section if the system finds
 20  6 that the crediting of interest is just and equitable.
 20  7    Sec. 28.  Section 97B.11, Code 2007, is amended to read as
 20  8 follows:
 20  9    97B.11  CONTRIBUTIONS BY EMPLOYER AND EMPLOYEE.
 20 10    1.  Each employer shall deduct from the wages of each
 20 11 member of the retirement system a contribution in the amount
 20 12 of the applicable employee percentage of the covered wages
 20 13 paid by the employer and such additional amount if otherwise
 20 14 required by law, until the member's termination from
 20 15 employment.  The contributions of the employer shall be in the
 20 16 amount of the applicable employer percentage of the covered
 20 17 wages of the member and such additional amount if otherwise
 20 18 required by law.
 20 19    2.  For Prior to July 1, 2011, for purposes of this
 20 20 section, unless the context otherwise requires:
 20 21    a.  "Applicable employee percentage" means the percentage
 20 22 rate equal to three and seven=tenths percent plus forty
 20 23 percent of the total additional percentage.
 20 24    b.  "Applicable employer percentage" means the percentage
 20 25 rate equal to five and seventy=five hundredths percent plus
 20 26 sixty percent of the total additional percentage.
 20 27    c.  "Total additional percentage" means as follows:
 20 28    (1)  For, for the fiscal period beginning July 1, 2007,
 20 29 through June 30, 2011, the total additional percentage for a
 20 30 fiscal year shall be the total additional percentage for the
 20 31 prior fiscal year plus, only if the total comparison
 20 32 percentage is greater than the total of the applicable
 20 33 employee percentage and the applicable employer percentage for
 20 34 the prior fiscal year, one=half percentage point.
 20 35    (2)  For each fiscal year beginning on or after July 1,
 21  1 2011, the total additional percentage shall be the total
 21  2 additional percentage for the prior fiscal year.
 21  3    d.  "Total comparison percentage" means the percentage rate
 21  4 that the system determines, based upon the most recent
 21  5 actuarial valuation of the retirement system, would be
 21  6 sufficient to amortize the unfunded actuarial liability of the
 21  7 retirement system in ten years.
 21  8    3.  On and after July 1, 2011, for purposes of this
 21  9 section, unless the context otherwise requires:
 21 10    a.  For members in regular service:
 21 11    (1)  "Applicable employee percentage" means the percentage
 21 12 rate equal to forty percent of the required contribution rate
 21 13 for members in regular service.
 21 14    (2)  "Applicable employer percentage" means the percentage
 21 15 rate equal to sixty percent of the required contribution rate
 21 16 for members in regular service.
 21 17    b.  For members in special service in a protection
 21 18 occupation as described in section 97B.49B:
 21 19    (1)  "Applicable employee percentage" means the percentage
 21 20 rate equal to forty percent of the required contribution rate
 21 21 for members described in section 97B.49B.
 21 22    (2)  "Applicable employer percentage" means the percentage
 21 23 rate equal to sixty percent of the required contribution rate
 21 24 for members described in section 97B.49B.
 21 25    c.  For members in special service as a county sheriff or
 21 26 deputy sheriff as described in section 97B.49C:
 21 27    (1)  "Applicable employee percentage" means the percentage
 21 28 rate equal to fifty percent of the required contribution rate
 21 29 for members described in section 97B.49C.
 21 30    (2)  "Applicable employer percentage" means the percentage
 21 31 rate equal to fifty percent of the required contribution rate
 21 32 for members described in section 97B.49C.
 21 33    d.  "Required contribution rate" means that percentage of
 21 34 the covered wages of members in regular service, members
 21 35 described in section 97B.49B, and members described in section
 22  1 97B.49C, that the system shall, for each fiscal year,
 22  2 separately set for members in each membership category as
 22  3 provided in this paragraph.  The required contribution rate
 22  4 for a membership category shall be the contribution rate the
 22  5 system actuarially determines, based upon the most recent
 22  6 actuarial valuation of the system and using the actuarial
 22  7 methods, assumptions, and funding policy approved by the
 22  8 investment board, is the rate required by the system to
 22  9 discharge its liabilities as a percentage of the covered wages
 22 10 of members in that membership category.  However, the required
 22 11 contribution rate set by the system for a fiscal year shall
 22 12 not vary by more than one=half percentage point from the
 22 13 required contribution rate for the prior fiscal year.
 22 14    Sec. 29.  Section 97B.14, Code 2007, is amended to read as
 22 15 follows:
 22 16    97B.14  CONTRIBUTIONS FORWARDED.
 22 17    Contributions deducted from the wages of the member under
 22 18 section 97B.11 prior to January 1, 1995, member contributions
 22 19 picked up by the employer under section 97B.11A beginning
 22 20 January 1, 1995, and the employer's contribution shall be
 22 21 forwarded to the system for recording and deposited with the
 22 22 treasurer of the state to the credit of the Iowa public
 22 23 employees' retirement fund.  Contributions shall be remitted
 22 24 monthly, if total contributions by both employee and employer
 22 25 amount to one hundred dollars or more each month, and shall be
 22 26 otherwise paid in such manner, at such times, and under such
 22 27 conditions, either by copies of payrolls or other methods
 22 28 necessary or helpful in securing proper identification of the
 22 29 member, as may be prescribed by the system.
 22 30    Sec. 30.  Section 97B.33, Code 2007, is amended to read as
 22 31 follows:
 22 32    97B.33  CERTIFICATION TO DIRECTOR PAYMENT TO INDIVIDUALS.
 22 33    Upon final decision of the system, or upon final judgment
 22 34 of any court of competent jurisdiction, that any person is
 22 35 entitled to any payment or payments under this chapter, the
 23  1 system shall certify to the director of the department of
 23  2 administrative services the name and address of the person so
 23  3 entitled to receive such payment or payments, the amount of
 23  4 such payment or payments, and the time at which such payment
 23  5 or payments should be made, and the system, through the
 23  6 director of the department of administrative services, shall
 23  7 make payment in accordance with the certification of the
 23  8 system to the person, provided that where judicial review of
 23  9 the system system's decision is or may be sought in accordance
 23 10 with the terms of the Iowa administrative procedure Act,
 23 11 chapter 17A, certification of payment may be withheld pending
 23 12 such review.  The director of the department of administrative
 23 13 services shall not be held personally liable for any payment
 23 14 or payments made in accordance with a certification by the
 23 15 system.
 23 16    Sec. 31.  Section 97B.34A, subsections 1 and 2, Code 2007,
 23 17 are amended to read as follows:
 23 18    1.  If the total sum to be paid to the minor is less than
 23 19 ten the greater of twenty=five thousand dollars or the maximum
 23 20 amount permitted under section 565B.7, subsection 3, the funds
 23 21 may be paid to an adult as custodian for the minor.  The
 23 22 custodian must complete the proper forms as determined by the
 23 23 system.
 23 24    2.  If the total sum to be paid to the minor is equal to or
 23 25 more than ten thousand dollars the amount authorized in
 23 26 subsection 1, the funds must be paid to a court=established
 23 27 conservator.  The system shall not make payment until the
 23 28 conservatorship has been established and the system has
 23 29 received the appropriate documentation.
 23 30    Sec. 32.  Section 97B.38, Code 2007, is amended to read as
 23 31 follows:
 23 32    97B.38  FEES FOR SERVICES.
 23 33    The system may, by rule, prescribe reasonable fees which
 23 34 may be charged for production costs incurred, including staff
 23 35 time and materials, associated with performing to perform its
 24  1 duties under this chapter for active, inactive, and retired
 24  2 members, beneficiaries, and the general public, where such
 24  3 production costs are more than de minimis, as determined by
 24  4 the system.
 24  5    Sec. 33.  Section 97B.49B, subsection 1, paragraph e, Code
 24  6 2007, is amended by adding the following new subparagraphs:
 24  7    NEW SUBPARAGRAPH.  (9)  A jailer or detention officer who
 24  8 performs duties as a jailer, including but not limited to the
 24  9 transportation of inmates, who is certified as having
 24 10 completed jailer training pursuant to chapter 80B, and who is
 24 11 employed by a county as a jailer.
 24 12    NEW SUBPARAGRAPH.  (10)  An employee covered by the merit
 24 13 system as provided in chapter 8A, subchapter IV, whose primary
 24 14 duty is providing security at Iowa national guard
 24 15 installations and facilities and who carries or is licensed to
 24 16 carry a firearm while performing those duties.
 24 17    NEW SUBPARAGRAPH.  (11)  An emergency medical care provider
 24 18 who provides emergency medical services, as defined in section
 24 19 147A.1, and who is not a member of the retirement systems
 24 20 established in chapter 410 or 411.
 24 21    NEW SUBPARAGRAPH.  (12)  An investigator employed by a
 24 22 county attorney's office who is a certified law enforcement
 24 23 officer and who is deputized as an investigator for the county
 24 24 attorney's office by the sheriff of the applicable county.
 24 25    Sec. 34.  Section 97B.49B, subsection 3, paragraph a, Code
 24 26 2007, is amended by striking the paragraph.
 24 27    Sec. 35.  Section 97B.49C, subsection 3, paragraph a, Code
 24 28 2007, is amended by striking the paragraph.
 24 29    Sec. 36.  Section 97B.49F, subsection 1, paragraph b,
 24 30 subparagraph (2), subparagraph subdivision (b), Code 2007, is
 24 31 amended to read as follows:
 24 32    (b)  The percentage representing the percentage amount the
 24 33 actuary has certified, in the annual actuarial valuation of
 24 34 the retirement system as of June 30 of the year in which the
 24 35 dividend is to be paid, that the fund can absorb without
 25  1 requiring an increase in the employer and employee
 25  2 contributions to the fund.  The actuary's certification of
 25  3 such percentage amount shall be based on a comparison of the
 25  4 actuarially required contribution rate for the fiscal year of
 25  5 the dividend adjustment to the statutory contribution rate for
 25  6 that same fiscal year.  If the actuarially required
 25  7 contribution rate exceeds the statutory contribution rate for
 25  8 that same fiscal year, the percentage amount shall be zero.
 25  9    Sec. 37.  Section 97B.49H, subsection 3, Code 2007, is
 25 10 amended to read as follows:
 25 11    3.  The system shall annually determine the amount to be
 25 12 credited to the supplemental accounts of active members.  The
 25 13 total amount credited to the supplemental accounts of all
 25 14 active members shall not exceed the amount that the system
 25 15 determines, in consultation with the system's actuary, can be
 25 16 absorbed without significantly impacting the funded status of
 25 17 leaves the system fully funded following the crediting of the
 25 18 total amount to the supplemental accounts.  The amount to be
 25 19 credited shall not be greater than the amount calculated by
 25 20 multiplying the member's covered wages for the applicable wage
 25 21 reporting period by the supplemental rate.  For purposes of
 25 22 this subsection, the supplemental rate is the difference, if
 25 23 positive, between the combined employee and employer statutory
 25 24 contribution rates in effect under section 97B.11 and the
 25 25 normal cost rate of the retirement system as determined by the
 25 26 system's actuary in the most recent annual actuarial valuation
 25 27 of the retirement system.  The credits shall be made at least
 25 28 quarterly to each member's account at the time that covered
 25 29 wages are reported for each wage reporting period during the
 25 30 calendar year following a determination that the retirement
 25 31 system does not have an unfunded accrued liability will remain
 25 32 fully funded following the crediting of the total amount to
 25 33 the supplemental accounts.  The normal cost rate, calculated
 25 34 according to the actuarial cost method used, is the percent of
 25 35 pay allocated to each year of service that is necessary to
 26  1 fund projected benefits over all members' service with the
 26  2 retirement system.
 26  3    Sec. 38.  Section 97B.50, subsection 2, Code 2007, is
 26  4 amended by adding the following new paragraph:
 26  5    NEW PARAGRAPH.  d.  For a vested member who retires from
 26  6 the retirement system due to disability on or after July 1,
 26  7 2009, and commences receiving disability benefits pursuant to
 26  8 the federal Railroad Retirement Act, 45 U.S.C. } 231 et seq.,
 26  9 or the federal Social Security Act, 42 U.S.C. } 423 et seq.,
 26 10 the system may require the vested member to certify on an
 26 11 annual basis continued eligibility for disability payments
 26 12 under the federal Railroad Retirement Act or the federal
 26 13 Social Security Act.  If the vested member is under the age at
 26 14 which disability benefits are converted under the federal
 26 15 Social Security Act or the federal Railroad Retirement Act to
 26 16 retirement benefits and is no longer eligible for disability
 26 17 payments under either the federal Railroad Retirement Act or
 26 18 the federal Social Security Act, the vested member shall no
 26 19 longer be eligible to receive retirement benefits as provided
 26 20 by this subsection.  If the system has paid retirement
 26 21 benefits to the member between the month the member was no
 26 22 longer eligible for payment pursuant to the federal Railroad
 26 23 Retirement Act or the federal Social Security Act and the
 26 24 month the system terminated retirement benefits under this
 26 25 paragraph, the member shall return all retirement benefits
 26 26 paid by the system following the termination of such federal
 26 27 disability benefits, plus interest.  The system shall adopt
 26 28 rules pursuant to chapter 17A to implement this paragraph.
 26 29    Sec. 39.  Section 97B.50A, subsection 12, Code 2007, is
 26 30 amended to read as follows:
 26 31    12.  CONTRIBUTIONS.  The expenses incurred in the
 26 32 administration of this section by the system shall be paid
 26 33 through contributions as determined pursuant to section
 26 34 97B.49B, subsection 3, or section 97B.49C, subsection 3, as
 26 35 applicable 97B.11.
 27  1    Sec. 40.  Section 97B.52, subsection 1, paragraph a,
 27  2 unnumbered paragraphs 1 and 3, Code 2007, are amended to read
 27  3 as follows:
 27  4    A lump sum payment equal to the accumulated contributions
 27  5 of the member at the date of death plus the product of an
 27  6 amount equal to the highest year of covered wages of the
 27  7 deceased member and the number of years of membership service
 27  8 divided by the applicable denominator.  However, a lump sum
 27  9 payment made to a beneficiary under this paragraph due to the
 27 10 death of a member shall not be less than the amount that would
 27 11 have been payable on the death of the member on June 30, 1984,
 27 12 under this paragraph as it appeared in the 1983 Code.
 27 13    Effective July 1, 1978, a method of payment under this
 27 14 paragraph filed with the system by a member does not apply.
 27 15    Sec. 41.  Section 97B.53B, Code 2007, is amended to read as
 27 16 follows:
 27 17    97B.53B  ROLLOVERS OF MEMBERS' ACCOUNTS.
 27 18    1.  As used in this section, unless the context otherwise
 27 19 requires, and to the extent permitted by the internal revenue
 27 20 service:
 27 21    a.  "Direct rollover" means a payment by the system to the
 27 22 eligible retirement plan specified by the member or the
 27 23 member's surviving spouse an eligible person.
 27 24    b.  "Eligible person" means any of the following:
 27 25    (1)  The member.
 27 26    (2)  The member's surviving spouse.
 27 27    (3)  The member's spouse or former spouse as an alternate
 27 28 payee under a qualified domestic relations order.
 27 29    (4)  Effective January 1, 2007, the member's nonspouse
 27 30 beneficiaries who are designated beneficiaries as defined by
 27 31 section 401(a)(9)(E) of the federal Internal Revenue Code, as
 27 32 authorized under section 829 of the federal Pension Protection
 27 33 Act of 2006.
 27 34    c.  "Eligible retirement plan" means either, for an
 27 35 eligible person, any of the following retirement plans that
 28  1 accepts can accept an eligible rollover distribution from a
 28  2 member or a member's surviving spouse that eligible person:
 28  3    (1)  An individual retirement account in accordance with
 28  4 section 408(a) of the federal Internal Revenue Code.
 28  5    (2)  An individual retirement annuity in accordance with
 28  6 section 408(b) of the federal Internal Revenue Code.
 28  7    (3)  In addition, an "eligible retirement plan" includes an
 28  8 An annuity plan in accordance with section 403(a) of the
 28  9 federal Internal Revenue Code, or a qualified trust in
 28 10 accordance with section 401(a) of the federal Internal Revenue
 28 11 Code, that accepts an eligible rollover distribution from a
 28 12 member.
 28 13    (4)  Effective January 1, 2002, the term "eligible
 28 14 retirement plan" also includes an annuity contract described
 28 15 in section 403(b) of the federal Internal Revenue Code, and an
 28 16 eligible plan under section 457(b) of the federal Internal
 28 17 Revenue Code which is maintained by a state, political
 28 18 subdivision of a state, or any agency or instrumentality of a
 28 19 state or political subdivision of a state that chooses to
 28 20 separately account for amounts transferred into such eligible
 28 21 retirement plan from the system.
 28 22    (5)  Effective January 1, 2008, a Roth individual
 28 23 retirement account or a Roth individual retirement annuity
 28 24 established under section 408A of the Internal Revenue Code.
 28 25    c. d.  (1)  "Eligible rollover distribution" includes any
 28 26 of the following:
 28 27    (a)  All or any portion of a member's account and
 28 28 supplemental account.
 28 29    (b)  Effective January 1, 2002, after=tax employee
 28 30 contributions, if the plan to which such amounts are to be
 28 31 transferred is an individual retirement account described in
 28 32 federal Internal Revenue Code section 408(a) or 408(b), or is
 28 33 a qualified defined contribution plan described in federal
 28 34 Internal Revenue Code section 401(a) or 403(a), and such plan
 28 35 agrees to separately account for the after=tax amount so
 29  1 transferred.
 29  2    (c)  A distribution made on behalf of a surviving spouse
 29  3 and to an alternate payee, who is a spouse or former spouse,
 29  4 under a qualified domestic relations order.  Effective January
 29  5 1, 2007, after=tax employee contributions to a qualified
 29  6 defined benefit plan described in federal Internal Revenue
 29  7 Code section 401(a) or 403(a), or a tax=sheltered annuity plan
 29  8 described in federal Internal Revenue Code section 403(b), and
 29  9 such plan agrees to separately account for the after=tax
 29 10 amount so transferred.
 29 11    (2)  An eligible rollover distribution does not include any
 29 12 of the following:
 29 13    (a)  A distribution that is one of a series of
 29 14 substantially equal periodic payments, which occur annually or
 29 15 more frequently, made for the life or life expectancy of the
 29 16 distributee or the joint lives or joint life expectancies of
 29 17 the distributee and the distributee's designated beneficiary,
 29 18 or made for a specified period of ten years or more.
 29 19    (b)  A distribution to the extent that the distribution is
 29 20 required pursuant to section 401(a)(9) of the federal Internal
 29 21 Revenue Code.
 29 22    (c)  Prior to January 1, 2002, the portion of any
 29 23 distribution that is not includible in the gross income of the
 29 24 distributee, determined without regard to the exclusion for
 29 25 net unrealized appreciation with respect to employer
 29 26 securities.
 29 27    2.  Effective January 1, 1993, a member or a member's
 29 28 surviving spouse An eligible person may elect, at the time and
 29 29 in the manner prescribed in rules adopted by the system and in
 29 30 rules of the receiving retirement plan, to have the system pay
 29 31 all or a portion of an eligible rollover distribution directly
 29 32 to an eligible retirement plan, specified by the member or the
 29 33 member's surviving spouse, in a direct rollover.  However,
 29 34 effective January 1, 2007, if the eligible person is a
 29 35 nonspouse beneficiary as described in subsection 1, paragraph
 30  1 "b", subparagraph (4), the nonspouse beneficiary may only have
 30  2 a direct rollover of the distribution to an individual
 30  3 retirement account or annuity as described in subsection 1,
 30  4 paragraph "c", subparagraphs (1), (2), and (5), established
 30  5 for the purpose of receiving the distribution on behalf of the
 30  6 nonspouse beneficiary, and such individual retirement account
 30  7 or annuity will be treated as an inherited individual
 30  8 retirement account or annuity pursuant to section 829 of the
 30  9 federal Pension Protection Act of 2006.
 30 10    Sec. 42.  Section 97B.65, Code 2007, is amended to read as
 30 11 follows:
 30 12    97B.65  REVISION RIGHTS RESERVED == LIMITATION ON INCREASE
 30 13 OF BENEFITS == RATES OF CONTRIBUTION.
 30 14    1.  The right is reserved to the general assembly to alter,
 30 15 amend, or repeal any provision of this chapter or any
 30 16 application thereof to any person, provided, however, that to
 30 17 the extent of the funds in the retirement system the amount of
 30 18 benefits which at the time of any such alteration, amendment,
 30 19 or repeal shall have accrued to any member of the retirement
 30 20 system shall not be repudiated, provided further, however,
 30 21 that the amount of benefits accrued on account of prior
 30 22 service shall be adjusted to the extent of any unfunded
 30 23 accrued liability then outstanding.
 30 24    2.  An increase in the benefits or retirement allowances
 30 25 provided under this chapter shall not be enacted until after
 30 26 the system's actuary determines that the system is fully
 30 27 funded and will continue to be fully funded immediately
 30 28 following enactment of the increase and the increase can be
 30 29 absorbed within the contribution rates otherwise established
 30 30 for the membership group authorized to receive the increase.
 30 31 However, an increase in the benefits or retirement allowances
 30 32 provided under this chapter may be enacted if the statutory
 30 33 change providing for the increase is accompanied by a change
 30 34 in the employer and employee contribution rates an adjustment
 30 35 in the required contribution rate of the membership group
 31  1 affected that is necessary to support such increase as
 31  2 determined by the system's actuary.
 31  3    Sec. 43.  Section 97B.80C, subsection 1, paragraph a, Code
 31  4 2007, is amended to read as follows:
 31  5    a.  "Nonqualified service" means service that is not
 31  6 qualified service and includes, but is not limited to, any of
 31  7 the following:
 31  8    (1)  Full=time volunteer public service in the federal
 31  9 peace corps program.  Service that is not qualified service.
 31 10    (2)  Public employment comparable to employment covered
 31 11 under this chapter in a qualified Canadian governmental entity
 31 12 that is an elementary school, secondary school, college, or
 31 13 university that is organized, administered, and primarily
 31 14 supported by the provincial, territorial, or federal
 31 15 governments of Canada, or any combination of the same.  Any
 31 16 period of time for which there was no performance of services.
 31 17    (3)  Service as described in subsection 1, paragraph "c",
 31 18 subparagraph (2).
 31 19    Sec. 44.  Section 97B.80C, subsection 2, Code 2007, is
 31 20 amended to read as follows:
 31 21    2.  a.  A vested or retired member may make contributions
 31 22 to the retirement system to purchase up to the maximum amount
 31 23 of permissive service credit for qualified service as
 31 24 determined by the system, pursuant to Internal Revenue Code
 31 25 section 415(n), and the requirements of this section, and the
 31 26 system's administrative rules.
 31 27    b.  A vested or retired member of the retirement system who
 31 28 has five or more full calendar years of covered wages may make
 31 29 contributions to the retirement system to purchase up to five
 31 30 years a maximum of twenty quarters of permissive service
 31 31 credit for nonqualified service as determined by the system,
 31 32 pursuant to Internal Revenue Code section 415(n), and the
 31 33 requirements of this section, and the system's administrative
 31 34 rules.  A vested or retired member must have at least twenty
 31 35 quarters of covered wages in order to purchase permissive
 32  1 service credit for nonqualified service.
 32  2    c.  A vested or retired member may convert regular member
 32  3 service credit to special service credit by payment of the
 32  4 amount actuarially determined as necessary to fund the
 32  5 resulting increase in the member's accrued benefit.  The
 32  6 conversion shall be treated as a purchase of qualified service
 32  7 credit subject to the requirements of paragraph "a" if the
 32  8 service credit to be converted was or would have been for
 32  9 qualified service.  The conversion shall be treated as a
 32 10 purchase of nonqualified service credit subject to the
 32 11 requirements of paragraph "b" if the service credit to be
 32 12 converted was purchased as nonqualified service credit.
 32 13    Sec. 45.  Section 97B.80C, subsection 3, Code 2007, is
 32 14 amended by adding the following new paragraph:
 32 15    NEW PARAGRAPH.  cc.  For a member making contributions for
 32 16 a purchase of permissive service credit for qualified service
 32 17 as described in subsection 1, paragraph "c", subparagraph (1),
 32 18 subparagraph subdivision (h), in which the member received, as
 32 19 a vested member, a refund of the member's accumulated
 32 20 contributions prior to July 1, 1998, the member shall receive
 32 21 a credit against the actuarial cost of the service purchase in
 32 22 an amount equal to the accumulated employer contributions of
 32 23 the member which were not paid to the member as a refund
 32 24 multiplied by a fraction of years of service for that member,
 32 25 determined as provided in section 97B.49A, 97B.49B, or
 32 26 97B.49C, as of the date the member received the refund, plus
 32 27 interest as calculated pursuant to section 97B.70.
 32 28    Sec. 46.  Section 97B.82, subsection 2, paragraph b,
 32 29 subparagraph (2), subparagraph subdivision (c), Code 2007, is
 32 30 amended to read as follows:
 32 31    (c)  The For rollover service purchases prior to January 1,
 32 32 2007, the portion of any distribution that is not includible
 32 33 in the gross income of the distributee, determined without
 32 34 regard to the exclusion for net unrealized appreciation with
 32 35 respect to employer securities.
 33  1    For rollover service purchases on or after January 1, 2007,
 33  2 the portion of any distribution that is not includible in the
 33  3 gross income of the distributee, determined without regard to
 33  4 the exclusion for net unrealized appreciation with respect to
 33  5 employer securities, shall be treated as an eligible rollover
 33  6 distribution only when such portion is received from a
 33  7 qualified plan under section 401(a) or 403(a) of the federal
 33  8 Internal Revenue Code.
 33  9    Sec. 47.  Section 97B.82, subsection 3, Code 2007, is
 33 10 amended to read as follows:
 33 11    3.  A member may purchase any service credit as authorized
 33 12 by this section, to the extent permitted by the internal
 33 13 revenue service, by means of a direct transfer, excluding of
 33 14 pretax amounts, and effective January 1, 2007, any after=tax
 33 15 contributions, from an annuity contract qualified under
 33 16 federal Internal Revenue Code section 403(b), or an eligible
 33 17 plan described in federal Internal Revenue Code section
 33 18 457(b), maintained by a state, political subdivision of a
 33 19 state, or any agency or instrumentality of a state or
 33 20 political subdivision of a state.  A direct transfer is a
 33 21 trustee=to=trustee transfer to the retirement system of
 33 22 contributions made to annuity contracts qualified under
 33 23 federal Internal Revenue Code section 403(b) and eligible
 33 24 governmental plans qualified under federal Internal Revenue
 33 25 Code section 457(b) for purposes of purchasing service credit
 33 26 in the retirement system.
 33 27    Sec. 48.  Section 97B.73B, Code 2007, is repealed.
 33 28    Sec. 49.  TRANSITION PROVISION == REQUIRED CONTRIBUTION
 33 29 RATE FOR FISCAL YEAR 2010=2011.  For purposes of establishing
 33 30 the required contribution rate for the fiscal year beginning
 33 31 July 1, 2011, as provided in section 97B.11, as amended in
 33 32 this Act, the required contribution rate for the fiscal year
 33 33 beginning July 1, 2010, shall be, for members in regular
 33 34 service, members described in section 97B.49B, and members
 33 35 described in section 97B.49C, the total contribution
 34  1 percentage rate paid by members and employers of that
 34  2 membership group for the fiscal year beginning July 1, 2010.
 34  3    Sec. 50.  IMPLEMENTATION PROVISION.  Notwithstanding any
 34  4 provision of section 97B.65 to the contrary, the provisions of
 34  5 this division of this Act shall be enacted and implemented by
 34  6 the Iowa public employees' retirement system upon the
 34  7 effective dates provided for the provisions of this division
 34  8 of this Act.
 34  9    Sec. 51.  EFFECTIVE DATES == RETROACTIVE APPLICABILITY.
 34 10    1.  The sections of this Act amending section 97B.49B,
 34 11 subsection 3, section 97B.49C, subsection 3, section 97B.50A,
 34 12 subsection 12, and section 97B.65 take effect July 1, 2011.
 34 13    2.  The section of this Act amending section 97B.53B, being
 34 14 deemed of immediate importance, takes effect upon enactment,
 34 15 and, except as otherwise stated, is retroactively applicable
 34 16 to January 1, 2007, and is applicable on and after that date.
 34 17    3.  The sections of this Act amending section 97B.82, being
 34 18 deemed of immediate importance, take effect upon enactment,
 34 19 and are retroactively applicable to January 1, 2007, and are
 34 20 applicable on and after that date.
 34 21                          DIVISION III
 34 22           STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM
 34 23    Sec. 52.  Section 411.5, subsections 10 and 11, Code 2007,
 34 24 are amended to read as follows:
 34 25    10.  ACTUARIAL INVESTIGATION == TABLES == RATES.  At least
 34 26 once in each five=year period, the actuary shall make an
 34 27 actuarial investigation into the mortality, service, and
 34 28 compensation experience of the members and beneficiaries of
 34 29 the retirement system, and the interest and other earnings on
 34 30 the moneys and other assets of the retirement system, and
 34 31 shall make a valuation of the assets and liabilities of the
 34 32 fire and police retirement fund, and on the basis of the
 34 33 results of the investigation and valuation, the system shall
 34 34 do all of the following:
 34 35    a.  Adopt adopt for the retirement system such actuarial
 35  1 methods and assumptions, interest rate, and mortality and
 35  2 other tables as are deemed necessary to conduct the annual
 35  3 actuarial valuation of the system.
 35  4    b.  Certify the rates of contribution payable by the cities
 35  5 in accordance with section 411.8.
 35  6    c.  Certify the rates of contributions payable by the
 35  7 members in accordance with section 411.8.
 35  8    11.  ANNUAL ACTUARIAL VALUATION.
 35  9    a.  On the basis of the actuarial methods and assumptions,
 35 10 rate of interest and tables adopted, the actuary shall make an
 35 11 annual valuation of the assets and liabilities of the fire and
 35 12 police retirement fund created by this chapter.  As a result
 35 13 of the annual actuarial valuation, the system shall do all of
 35 14 the following:
 35 15    (1)  Certify the rates of contribution payable by the
 35 16 cities in accordance with section 411.8.
 35 17    (2)  Certify the rates of contributions payable by the
 35 18 members in accordance with section 411.8.
 35 19    b.  Effective with the fiscal year beginning July 1, 2008,
 35 20 the annual actuarial valuation required to be conducted shall
 35 21 include information as required by section 97D.5.
 35 22    Sec. 53.  Section 411.8, subsection 1, paragraph b, Code
 35 23 2007, is amended to read as follows:
 35 24    b.  On the basis of the actuarial methods and assumptions,
 35 25 rate of interest, and of the mortality, interest and other
 35 26 tables adopted by the system, the actuary engaged by the
 35 27 system to make each valuation required by this chapter
 35 28 pursuant to the requirements of section 411.5, shall
 35 29 immediately after making such valuation, determine the "normal
 35 30 contribution rate".  Except as otherwise provided in this
 35 31 lettered paragraph, the normal contribution rate shall be the
 35 32 rate percent of the earnable compensation of all members
 35 33 obtained by deducting from the total liabilities of the fund
 35 34 the amount of the funds in hand to the credit of the fund and
 35 35 dividing the remainder by one percent of the present value of
 36  1 the prospective future compensation of all members as computed
 36  2 on the basis of the rate of interest and of mortality and
 36  3 service tables adopted, all equal to the rate required by the
 36  4 system to discharge its liabilities, stated as a percentage of
 36  5 the earnable compensation of all members, and reduced by the
 36  6 employee contribution made pursuant to rate provided in
 36  7 paragraph "f" of this subsection and the contribution rate
 36  8 representing the state appropriation made as provided in
 36  9 section 411.20.  However, the normal rate of contribution
 36 10 shall not be less than seventeen percent.
 36 11    Beginning July 1, 1996, and each fiscal year thereafter,
 36 12 the normal contribution rate shall be the rate percent of the
 36 13 earnable compensation of all members obtained by deducting
 36 14 from the total liabilities of the fund the amount of the funds
 36 15 in hand to the credit of the fund and dividing the remainder
 36 16 by one percent of the present value of the prospective future
 36 17 compensation of all members as computed on the basis of the
 36 18 rate of interest and of mortality and service tables adopted,
 36 19 multiplied by six=tenths, or seventeen percent, whichever is
 36 20 greater.
 36 21    The normal rate of contribution shall be determined by the
 36 22 actuary after each valuation.
 36 23    Sec. 54.  NEW SECTION.  411.10  PURCHASE OF SERVICE CREDIT
 36 24 FOR MILITARY SERVICE.
 36 25    1.  An active member of the system who has been a member of
 36 26 the retirement system five or more years may elect to purchase
 36 27 up to five years of service credit for military service, other
 36 28 than military service required to be recognized under Internal
 36 29 Revenue Code section 414(u) or under the federal Uniformed
 36 30 Services Employment and Reemployment Rights Act, that will be
 36 31 recognized by the retirement system for purposes of
 36 32 calculating a member's benefit, pursuant to Internal Revenue
 36 33 Code section 415(n) and the requirements of this section.
 36 34    2.  a.  A member seeking to purchase service credit
 36 35 pursuant to this section shall file a written application with
 37  1 the system requesting an actuarial determination of the cost
 37  2 of a purchase of service credit.  Upon receipt of the cost
 37  3 estimate for the purchase of service from the system, the
 37  4 member may make contributions to the system in an amount equal
 37  5 to the actuarial cost of the service credit purchase.
 37  6    b.  For purposes of this subsection, the actuarial cost of
 37  7 the service credit purchase is an amount determined by the
 37  8 system in accordance with actuarial tables, as reported to the
 37  9 system by the system's actuary, which reflects the actuarial
 37 10 cost necessary to fund an increased retirement allowance
 37 11 resulting from the purchase of service credit.
 37 12    3.  The system shall ensure that the member, in exercising
 37 13 an option provided in this section, does not exceed the amount
 37 14 of annual additions to a member's account permitted pursuant
 37 15 to section 415 of the federal Internal Revenue Code.
 37 16    4.  The board of trustees shall adopt rules providing for
 37 17 the implementation and administration of this section.
 37 18                           DIVISION IV
 37 19                   JUDICIAL RETIREMENT SYSTEM
 37 20    Sec. 55.  Section 602.9104, subsection 1, paragraph b, Code
 37 21 2007, is amended to read as follows:
 37 22    b.  The state shall contribute annually to the judicial
 37 23 retirement fund an amount equal to the state's required
 37 24 contribution for all judges covered under this article.  The
 37 25 state's required contribution shall be appropriated directly
 37 26 to the judicial retirement fund by the general assembly.
 37 27    Sec. 56.  Section 602.9104, subsection 4, paragraphs b, c,
 37 28 d, and e, Code 2007, are amended to read as follows:
 37 29    b.  "Fully funded status" means that the most recent
 37 30 actuarial valuation reflects that, using the projected unit
 37 31 credit method in accordance with generally recognized and
 37 32 accepted actuarial principles and practices set forth by the
 37 33 American academy of actuaries, the funded status of the system
 37 34 is at least ninety one hundred percent, based upon the
 37 35 benefits provided for judges through the judicial retirement
 38  1 system as of July 1, 2006.
 38  2    c.  "Judge's required contribution" means an amount equal
 38  3 to the basic salary of the judge multiplied by the following
 38  4 applicable percentage:
 38  5    (1)  For the fiscal year beginning July 1, 2008, and ending
 38  6 June 30, 2009, seven and seven=tenths percent.
 38  7    (2)  For the fiscal year beginning July 1, 2009, and ending
 38  8 June 30, 2010, eight and seven=tenths percent.
 38  9    (1)  (3)  For the fiscal year beginning July 1, 2006 2010,
 38 10 and for each subsequent fiscal year until the system attains
 38 11 fully funded status, six percent multiplied by a fraction
 38 12 equal to the actual percentage rate contributed by the state
 38 13 for that fiscal year divided by twenty=three and seven=tenths
 38 14 percent nine and thirty=five hundredths percent.
 38 15    (2)  (4)  Commencing with the first fiscal year in which
 38 16 the system attains fully funded status, and for each
 38 17 subsequent fiscal year, the percentage rate equal to fifty
 38 18 forty percent of the required contribution rate.
 38 19    d.  "Required contribution rate" means that percentage of
 38 20 the basic salary of all judges covered under this article
 38 21 which the actuary of the system determines is necessary, using
 38 22 the projected unit credit method in accordance with generally
 38 23 recognized and accepted actuarial principles and practices set
 38 24 forth by the American academy of actuaries, to amortize the
 38 25 unfunded actuarial liability of the judicial retirement system
 38 26 within twenty years equal to the actuarially required
 38 27 contribution rate determined by the actuary pursuant to
 38 28 section 602.9116.
 38 29    e.  "State's required contribution" means an amount equal
 38 30 to the basic salary of all judges covered under this article
 38 31 multiplied by the following applicable percentage:
 38 32    (1)  For the fiscal year beginning July 1, 2006 2008, and
 38 33 for each subsequent fiscal year until the system attains fully
 38 34 funded status, twenty=three and seven=tenths thirty and
 38 35 six=tenths percent.
 39  1    (2)  Commencing with the first fiscal year in which the
 39  2 system attains fully funded status, and for each subsequent
 39  3 fiscal year, the percentage rate equal to fifty sixty percent
 39  4 of the required contribution rate.
 39  5    Sec. 57.  Section 602.9116, subsection 1, Code Supplement
 39  6 2007, is amended to read as follows:
 39  7    1.  The court administrator shall cause an actuarial
 39  8 valuation to be made of the assets and liabilities of the
 39  9 judicial retirement fund at least once every four years
 39 10 commencing with the fiscal year beginning July 1, 1981.  For
 39 11 each fiscal year in which an actuarial valuation is not
 39 12 conducted, the court administrator shall cause an annual
 39 13 actuarial update to be prepared for the purpose of determining
 39 14 the adequacy of the contribution rates specified in section
 39 15 602.9104.  The court administrator shall adopt actuarial
 39 16 methods and assumptions, mortality tables, and other necessary
 39 17 factors for use in the actuarial calculations required for the
 39 18 valuation upon the recommendation of the actuary.  In
 39 19 addition, effective with the fiscal year beginning July 1,
 39 20 2008, the actuarial valuation or actuarial update required to
 39 21 be conducted shall include information as required by section
 39 22 97D.5.  Following the actuarial valuation or annual actuarial
 39 23 update, the court administrator shall determine the condition
 39 24 of the system, determine the actuarially required contribution
 39 25 rate for each fiscal year which is the rate required by the
 39 26 system to discharge its liabilities, stated as a percentage of
 39 27 the basic salary of all judges covered under this article, and
 39 28 shall report any findings and recommendations to the general
 39 29 assembly.
 39 30                           DIVISION V
 39 31                    MISCELLANEOUS PROVISIONS
 39 32    Sec. 58.  Section 8A.438, Code 2007, is amended by striking
 39 33 the section and inserting in lieu thereof the following:
 39 34    8A.438  TAX=SHELTERED INVESTMENT CONTRACTS.
 39 35    1.  The director may establish a tax=sheltered investment
 40  1 program for eligible employees.  The director may arrange for
 40  2 the provision of investment vehicles authorized under section
 40  3 403(b) of the Internal Revenue Code, as defined in section
 40  4 422.3.  The department may offer the tax=sheltered investment
 40  5 program to eligible public employers in the state of Iowa.
 40  6    2.  a.  A special, separate tax=sheltered investment
 40  7 revolving trust fund is created in the state treasury under
 40  8 the control of the department.  The fund shall consist of all
 40  9 moneys deposited in the fund pursuant to this section, any
 40 10 funds received from other entities in the state of Iowa, and
 40 11 interest and earnings thereon.  The director is the trustee of
 40 12 the fund and shall administer the fund.  Any loss to the fund
 40 13 shall be charged against the fund and the director shall not
 40 14 be personally liable for such loss.
 40 15    b.  Moneys in the fund are not subject to section 8.33.
 40 16 Notwithstanding section 12C.7, subsection 2, interest or
 40 17 earnings on moneys in the fund shall be credited to the fund.
 40 18    Sec. 59.  Section 55.1, unnumbered paragraph 1, Code 2007,
 40 19 is amended to read as follows:
 40 20    A person who is elected to a municipal, county, state, or
 40 21 federal office shall, upon written application to the employer
 40 22 of that person, be granted a leave of absence from regular
 40 23 employment to serve in that office except where prohibited by
 40 24 the federal law.  The leave of absence may be granted without
 40 25 pay and, except that if a salaried employee takes leave
 40 26 without pay from regular employment for a portion of a pay
 40 27 period, the employee's salaried compensation for that pay
 40 28 period shall be reduced by the ratio of the number of days of
 40 29 leave taken to the total number of days in the pay period.
 40 30 The leave of absence shall be granted without loss of net
 40 31 credited service and benefits earned.  This section shall not
 40 32 be construed to require an employer to pay pension, health or
 40 33 other benefits during the leave of absence to an employee
 40 34 taking a leave of absence under this section.
 40 35    Sec. 60.  Section 55.1, unnumbered paragraph 3, Code 2007,
 41  1 is amended to read as follows:
 41  2    An employee shall not be prohibited from returning to
 41  3 regular employment before the period expires for which the
 41  4 leave of absence was granted.  This section applies only to
 41  5 employers which employ twenty or more full=time persons.  The
 41  6 leave of absence granted by this section need not exceed six
 41  7 years.  The leave of absence granted by this section does not
 41  8 apply to an elective office held by the employee prior to the
 41  9 election.
 41 10    Sec. 61.  Section 97C.21, Code 2007, is amended to read as
 41 11 follows:
 41 12    97C.21  VOLUNTARY COVERAGE OF ELECTED OFFICIALS.
 41 13    Notwithstanding any provision of this chapter to the
 41 14 contrary, an employer of elected officials otherwise excluded
 41 15 from the definition of employee as provided in section 97C.2,
 41 16 may, but is not required to, choose to provide benefits to
 41 17 those elected officials as employees as provided by this
 41 18 chapter.  Alternatively, the governor may authorize a
 41 19 statewide referendum of the appointed and elected officials of
 41 20 the state and its political subdivisions on the question of
 41 21 whether to include in or exclude from the definition of
 41 22 employee all such positions.  This choice shall be reflected
 41 23 in the federal=state agreement described in section 97C.3,
 41 24 and, if necessary, in this chapter.  An employer who is
 41 25 providing benefits to elected officials otherwise excluded
 41 26 from the definition of employee prior to July 1, 2002, shall
 41 27 not be deemed to be in an erroneous reporting situation, and
 41 28 corrections for prior federal social security withholdings
 41 29 shall not be required.  The implementation of this section
 41 30 shall be subject to the approval of the federal social
 41 31 security administration.
 41 32    Sec. 62.  Section 97D.2, Code 2007, is amended to read as
 41 33 follows:
 41 34    97D.2  ANALYSIS OF COST OF PROPOSED CHANGES.
 41 35    When the public retirement systems committee established by
 42  1 section 97D.4 or a standing committee of the senate or house
 42  2 of representatives recommends a proposal for a change in a
 42  3 public retirement system within this state, the committee
 42  4 shall require the development of actuarial information
 42  5 concerning the costs of the proposed change.  If the proposal
 42  6 affects police and fire retirement under chapter 411, the
 42  7 committee shall arrange for the services of an actuarial
 42  8 consultant or request actuarial information from the statewide
 42  9 fire and police retirement system created in chapter 411 to
 42 10 assist in developing the information.  Actuarial information
 42 11 developed as provided under this section concerning the cost
 42 12 of a proposed change shall include information on the effect
 42 13 of the proposed change on the normal cost rate for that public
 42 14 retirement system using the entry age normal actuarial cost
 42 15 method.
 42 16    Sec. 63.  NEW SECTION.  97D.5  PUBLIC RETIREMENT SYSTEMS ==
 42 17 ANNUAL ACTUARIAL VALUATIONS == REQUIRED INFORMATION.
 42 18    1.  For purposes of this section, "public retirement
 42 19 system" means the public safety peace officers' retirement
 42 20 system created in chapter 97A, the Iowa public employees'
 42 21 retirement system created in chapter 97B, the statewide fire
 42 22 and police retirement system created in chapter 411, or the
 42 23 judicial retirement system created in chapter 602.
 42 24    2.  Effective with the fiscal year beginning July 1, 2008,
 42 25 a public retirement system shall include in each actuarial
 42 26 valuation or actuarial update required to be conducted by that
 42 27 public retirement system the following additional information,
 42 28 all as determined by using the entry age normal actuarial cost
 42 29 method:
 42 30    a.  The actuarially required contribution rate for the
 42 31 public retirement system which is equal to the normal cost
 42 32 rate plus the contribution rate necessary to amortize the
 42 33 unfunded actuarial accrued liability on a level percent of
 42 34 payroll basis over thirty years.
 42 35    b.  The normal cost rate for the public retirement system
 43  1 which shall be determined for each individual member on a
 43  2 level percentage of salary basis and then summed for all
 43  3 members to obtain the total normal cost.
 43  4    Sec. 64.  Section 260C.14, subsection 9, Code 2007, is
 43  5 amended by striking the subsection and inserting in lieu
 43  6 thereof the following:
 43  7    9.  a.  The board may establish a plan, in accordance with
 43  8 section 403(b) of the Internal Revenue Code, as defined in
 43  9 section 422.3, for employees, which plan shall consist of one
 43 10 or more investment contracts, on a group or individual basis,
 43 11 acquired from a company, or a salesperson for that company,
 43 12 that is authorized to do business in this state.
 43 13    b.  The selection of investment contracts to be included
 43 14 within the plan established by the board shall be made either
 43 15 pursuant to a competitive bidding process conducted by the
 43 16 board, in coordination with employee organizations
 43 17 representing employees eligible to participate in the plan, or
 43 18 pursuant to an agreement with the department of administrative
 43 19 services to make available investment contracts included in a
 43 20 deferred compensation or similar plan established by the
 43 21 department pursuant to section 8A.438, which plan meets the
 43 22 requirements of this subsection.  The determination of whether
 43 23 to select investment contracts for the plan pursuant to a
 43 24 competitive bidding process or by agreement with the
 43 25 department of administrative services shall be made by
 43 26 agreement between the board and the employee organizations
 43 27 representing employees eligible to participate in the plan.
 43 28    c.  The board may make elective deferrals in accordance
 43 29 with the plan as authorized by an eligible employee for the
 43 30 purpose of making contributions to an investment contract in
 43 31 the plan on behalf of the employee.  The deferrals shall be
 43 32 made in the manner which will qualify contributions to the
 43 33 investment contract for the benefits under section 403(b) of
 43 34 the Internal Revenue Code, as defined in section 422.3.  In
 43 35 addition, the board may make nonelective employer
 44  1 contributions to the plan.
 44  2    d.  As used in this subsection, unless the context
 44  3 otherwise requires, "investment contract" shall mean a
 44  4 custodial account utilizing mutual funds or an annuity
 44  5 contract which meets the requirements of section 403(b) of the
 44  6 Internal Revenue Code, as defined in section 422.3.
 44  7    Sec. 65.  Section 273.3, subsection 14, Code 2007, is
 44  8 amended by striking the subsection and inserting in lieu
 44  9 thereof the following:
 44 10    14.  a.  The board may establish a plan, in accordance with
 44 11 section 403(b) of the Internal Revenue Code, as defined in
 44 12 section 422.3, for employees, which plan shall consist of one
 44 13 or more investment contracts, on a group or individual basis,
 44 14 acquired from a company, or a salesperson for that company,
 44 15 that is authorized to do business in this state.
 44 16    b.  The selection of investment contracts to be included
 44 17 within the plan established by the board shall be made either
 44 18 pursuant to a competitive bidding process conducted by the
 44 19 board, in coordination with employee organizations
 44 20 representing employees eligible to participate in the plan, or
 44 21 pursuant to an agreement with the department of administrative
 44 22 services to make available investment contracts included in a
 44 23 deferred compensation or similar plan established by the
 44 24 department pursuant to section 8A.438, which plan meets the
 44 25 requirements of this subsection.  The determination of whether
 44 26 to select investment contracts for the plan pursuant to a
 44 27 competitive bidding process or by agreement with the
 44 28 department of administrative services shall be made by
 44 29 agreement between the board and the employee organizations
 44 30 representing employees eligible to participate in the plan.
 44 31    c.  The board may make elective deferrals in accordance
 44 32 with the plan as authorized by an eligible employee for the
 44 33 purpose of making contributions to the investment contract on
 44 34 behalf of the employee.  The deferrals shall be made in the
 44 35 manner which will qualify contributions to the investment
 45  1 contract for the benefits under section 403(b) of the Internal
 45  2 Revenue Code, as defined in section 422.3.  In addition, the
 45  3 board may make nonelective employer contributions to the plan.
 45  4    d.  As used in this subsection, unless the context
 45  5 otherwise requires, "investment contract" shall mean a
 45  6 custodial account utilizing mutual funds or an annuity
 45  7 contract which meets the requirements of section 403(b) of the
 45  8 Internal Revenue Code, as defined in section 422.3.
 45  9    Sec. 66.  Section 294.16, Code 2007, is amended by striking
 45 10 the section and inserting in lieu thereof the following:
 45 11    294.16  INVESTMENT CONTRACTS.
 45 12    1.  The school district may establish a plan, in accordance
 45 13 with section 403(b) of the Internal Revenue Code, as defined
 45 14 in section 422.3, for employees, which plan shall consist of
 45 15 one or more investment contracts, on a group or individual
 45 16 basis, acquired from a company, or a salesperson for that
 45 17 company, that is authorized to do business in this state.
 45 18    2.  The selection of investment contracts to be included
 45 19 within the plan established by the school district shall be
 45 20 made either pursuant to a competitive bidding process
 45 21 conducted by the school district, in coordination with
 45 22 employee organizations representing employees eligible to
 45 23 participate in the plan, or pursuant to an agreement with the
 45 24 department of administrative services to make available
 45 25 investment contracts included in a deferred compensation or
 45 26 similar plan established by the department pursuant to section
 45 27 8A.438, which plan meets the requirements of this section.
 45 28 The determination of whether to select investment contracts
 45 29 for the plan pursuant to a competitive bidding process or by
 45 30 agreement with the department of administrative services shall
 45 31 be made by agreement between the school district and the
 45 32 employee organizations representing employees eligible to
 45 33 participate in the plan.
 45 34    3.  The school district may make elective deferrals and in
 45 35 accordance with the plan as authorized by an eligible employee
 46  1 for the purpose of making contributions to the investment
 46  2 contract on behalf of the employee.  The deferrals shall be
 46  3 made in the manner which will qualify contributions to the
 46  4 investment contract for the benefits under section 403(b) of
 46  5 the Internal Revenue Code, as defined in section 422.3.  In
 46  6 addition, the school district may make nonelective employer
 46  7 contributions to the plan.
 46  8    4.  As used in this section, unless the context otherwise
 46  9 requires, "investment contract" shall mean a custodial account
 46 10 utilizing mutual funds or an annuity contract which meets the
 46 11 requirements of section 403(b) of the Internal Revenue Code,
 46 12 as defined in section 422.3.
 46 13    Sec. 67.  TRANSITION PROVISIONS == INTERNAL REVENUE CODE
 46 14 SECTION 403(b) PLANS.  Notwithstanding any provision of law to
 46 15 the contrary, the investment contracts to be included within a
 46 16 plan established pursuant to section 260C.14, subsection 9,
 46 17 section 273.3, subsection 14, or section 294.16, for the
 46 18 period beginning January 1, 2009, and ending December 31,
 46 19 2009, shall be investment contracts selected by the department
 46 20 of administrative services from among the investment contracts
 46 21 included in a deferred compensation or similar plan
 46 22 established by the department of administrative services,
 46 23 which plan meets the requirements of section 403(b) of the
 46 24 Internal Revenue Code, as defined in section 422.3, or shall
 46 25 be from no more than five companies authorized to issue
 46 26 investment contracts as selected by the applicable employer
 46 27 and from no more than three companies authorized to issue
 46 28 investment contracts as selected by, and in the sole
 46 29 discretion of, the employee organizations representing the
 46 30 applicable employer's employees.  Selection of companies and
 46 31 investment contracts for a plan shall be made in the best
 46 32 interests of employees eligible to participate in the plan.
 46 33 The determination of whether to select investment contracts
 46 34 for the plan for the period beginning January 1, 2009, and
 46 35 ending December 31, 2009, that are included in a deferred
 47  1 compensation or similar plan established by the department of
 47  2 administrative services or that are selected by the applicable
 47  3 employer and the employee organizations representing the
 47  4 applicable employer's employees, shall be made by an agreement
 47  5 entered into by August 15, 2008, between the applicable
 47  6 employer and the employee organizations representing the
 47  7 applicable employer's employees eligible to participate in the
 47  8 plan.  Applicable employers shall have the authority to take
 47  9 such action as deemed necessary to establish, effective
 47 10 January 1, 2009, an eligible plan pursuant to section 260C.14,
 47 11 subsection 9, section 273.3, subsection 14, or section 294.16.
 47 12    Sec. 68.  DEPARTMENT OF ADMINISTRATIVE SERVICES ==
 47 13 SELECTION OF INVESTMENT CONTRACT PROVIDERS FOR INTERNAL
 47 14 REVENUE CODE SECTION 403(b) PLANS.
 47 15    1.  The department of administrative services shall
 47 16 establish, by January 1, 2010, a plan, as authorized pursuant
 47 17 to section 8A.438 and in accordance with section 403(b) of the
 47 18 Internal Revenue Code, as defined in section 422.3, for
 47 19 employees, which plan shall consist of one or more investment
 47 20 contracts, on a group or individual basis, acquired from a
 47 21 company, or a salesperson for that company, that is authorized
 47 22 to do business in this state, that is eligible to be utilized
 47 23 as a vendor of investment contracts for plans established
 47 24 pursuant to section 260C.14, subsection 9, section 273.3,
 47 25 subsection 14, or section 294.16.
 47 26    2.  The department of administrative services shall
 47 27 determine which vendors will be authorized to participate
 47 28 under the tax=sheltered investment program established by the
 47 29 department pursuant to section 8A.438.  Employee organizations
 47 30 representing employees and employers participating in the
 47 31 programs authorized under sections 8A.433 and 8A.438 shall be
 47 32 allowed to assist the department in this decision, specific
 47 33 only to the initial competitive bid process that will
 47 34 determine the vendors that will be in the program as of
 47 35 January 1, 2010.
 48  1    3.  As used in this section, unless the context otherwise
 48  2 requires, "investment contract" shall mean a custodial account
 48  3 utilizing mutual funds or an annuity contract which meets the
 48  4 requirements of section 403(b) of the Internal Revenue Code,
 48  5 as defined in section 422.3.
 48  6    Sec. 69.  EFFECTIVE DATE.
 48  7    1.  The sections of this division of this Act amending
 48  8 section 260C.14, subsection 9, section 273.3, subsection 14,
 48  9 and section 294.16, take effect January 1, 2009.
 48 10    2.  The section of this division of this Act, enacting
 48 11 transition provisions relating to plans required to meet
 48 12 requirements for Internal Revenue Code section 403(b) plans,
 48 13 being deemed of immediate importance, takes effect upon
 48 14 enactment.
 48 15                           EXPLANATION
 48 16    This bill makes numerous changes to public retirement
 48 17 systems, including the public safety peace officers'
 48 18 retirement, accident, and disability system, the Iowa public
 48 19 employees' retirement system, the statewide fire and police
 48 20 retirement system, and the judicial retirement system, as well
 48 21 as other employee benefit matters.  The bill may include a
 48 22 state mandate as defined in Code section 25B.3.  The state
 48 23 mandate funding requirement in Code section 25B.2, however,
 48 24 does not apply to public employee retirement systems.  The
 48 25 changes to each public retirement system as well as other
 48 26 employee benefit=related matters are as follows:
 48 27    PEACE OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM
 48 28 (PORS).  The bill eliminates references in Code chapter 97A to
 48 29 the pension accumulation fund, pension reserve fund, and the
 48 30 expense fund as separate funds of PORS and provides that the
 48 31 assets of PORS are in one retirement fund.
 48 32    Code section 97A.4 is amended to provide that an active
 48 33 member of PORS can have service credited under PORS for
 48 34 service in a city fire and police retirement system operating
 48 35 under Code chapter 411 prior to those systems' consolidation
 49  1 on January 1, 1992, if the person was not eligible to transfer
 49  2 that service from the Code chapter 411 system to PORS and the
 49  3 member applies for service by June 30, 2009.  The bill also
 49  4 provides that contribution rates of members shall not be
 49  5 increased to provide for this benefit and a member eligible
 49  6 for service credit as provided in this provision, who
 49  7 purchased such service pursuant to Code section 97A.10, shall,
 49  8 by applying for service credit by October 1, 2008, be
 49  9 reimbursed by the retirement system for the contributions made
 49 10 by the member to purchase the service.
 49 11    Code section 97A.5(8), concerning the medical board for the
 49 12 system, is amended to provide that the board of trustees can
 49 13 designate a single medical provider network as the medical
 49 14 board of the system.  The bill provides that disability
 49 15 examinations shall be conducted by a physician from the
 49 16 medical board specializing in occupational medicine and a
 49 17 second physician selected by the occupational medicine
 49 18 physician in an appropriate field of medicine.  Current law
 49 19 provides for a three=physician medical board.
 49 20    Code section 97A.5(11) and (12), concerning the actuarial
 49 21 investigation and valuation of the system, is amended to
 49 22 provide that the board of trustees shall select the actuarial
 49 23 cost method to be used in conducting the annual actuarial
 49 24 valuation of the system.  A corresponding change in Code
 49 25 section 97A.8 is made to eliminate the requirement that the
 49 26 aggregate cost method be used.
 49 27    Code section 97A.6(7), concerning the reexamination of
 49 28 beneficiaries retired due to disability, is amended to provide
 49 29 that a member's disability retirement shall cease if the
 49 30 disabled member is under age 55 and becomes employed in
 49 31 another public safety occupation.
 49 32    Code section 97A.8(1)(b), concerning the determination of
 49 33 the contribution rate paid by the state to the PORS retirement
 49 34 fund, is amended.  The bill provides that the determination of
 49 35 the "normal contribution rate" paid by the state shall be
 50  1 based upon the actuarial valuation of the system using the
 50  2 actuarial cost method selected by the board of trustees and
 50  3 eliminates the requirement that the actuarial valuation use
 50  4 the aggregate cost actuarial method in calculating this rate.
 50  5 The bill further provides that notwithstanding this
 50  6 calculation, the state's normal contribution rate shall
 50  7 increase from the current minimum 17 percent rate by 2
 50  8 percentage points per fiscal year, beginning July 1, 2008,
 50  9 until reaching a maximum of 27 percent in the fiscal year
 50 10 beginning July 1, 2012.  Beginning July 1, 2012, the state's
 50 11 contribution rate for a fiscal year shall be the lesser of 27
 50 12 percent or the normal contribution rate calculated pursuant to
 50 13 the actuarial valuation of the system.
 50 14    IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (IPERS).  Code
 50 15 section 97B.1A(20), concerning the definition of service, is
 50 16 amended to provide that service includes a period of military
 50 17 service from which the IPERS member does not return to IPERS
 50 18 covered service due to injury or disease resulting in death.
 50 19 Currently, a member must return to covered employment from
 50 20 military service in order to receive service credit for the
 50 21 period of military service.
 50 22    Code section 97B.1A(26), concerning the definition of
 50 23 wages, is amended to exclude bonuses and allowances, except
 50 24 allowances included as wages for members of the general
 50 25 assembly, from the definition of wages.
 50 26    Code section 97B.4(2), concerning the authority of the
 50 27 system in administering IPERS, is amended to provide that
 50 28 IPERS is not a participating agency for purposes of
 50 29 information technology services under the department of
 50 30 administrative services.
 50 31    Code section 97B.7(3), concerning the payment of investment
 50 32 management expenses from the retirement fund, is amended to
 50 33 eliminate the cap on the amount authorized to be expended to
 50 34 pay investment management expenses during a fiscal year.  The
 50 35 current cap is four=tenths of one percent of the market value
 51  1 of the retirement fund.
 51  2    Code section 97B.9 is amended to set the fee for late
 51  3 contributions at the greater of $20 per occurrence or interest
 51  4 at the combined interest and dividend rate required under Code
 51  5 section 97B.70.  Currently, an employer is charged the greater
 51  6 of $10 per occurrence or interest at the combined interest and
 51  7 dividend rate required under Code section 97B.70.  The Code
 51  8 section is also amended to make civil actions to collect
 51  9 unpaid contributions from employers permissive.
 51 10    Code section 97B.10, concerning the crediting of erroneous
 51 11 contributions, is amended to eliminate a provision awarding
 51 12 interest on a credit for contributions paid prior to an
 51 13 individual's decision to elect out of IPERS coverage.
 51 14    Code section 97B.11, concerning contributions to the system
 51 15 by employers and employees, is amended.  Beginning July 1,
 51 16 2011, IPERS will determine a required contribution rate for
 51 17 each membership group, including members in regular service,
 51 18 which is the contribution rate the system actuarially
 51 19 determines is the rate required by the system to discharge its
 51 20 liabilities as to that membership group as a percentage of the
 51 21 covered wages of members in that membership category.
 51 22 However, the bill provides that the required contribution rate
 51 23 for each membership group in a fiscal year shall not vary by
 51 24 more than one=half percentage point from the required
 51 25 contribution rate for the previous year.  The bill then
 51 26 provides that, for members in regular service under IPERS, the
 51 27 employers shall pay 60 percent of the rate and members shall
 51 28 pay 40 percent of the rate.  While current law provides for an
 51 29 actuarial determination of the rates for members in each of
 51 30 the special service categories, the contribution rate for
 51 31 members in regular service is fixed.  As a result of this
 51 32 change, Code sections 97B.49B(3) and 97B.49C(3) are amended,
 51 33 effective July 1, 2011, by repealing that portion of each Code
 51 34 section that sets contribution rates for special service
 51 35 members to reflect that the establishment of those rates is
 52  1 done by the bill through amendment to Code section 97B.11 as
 52  2 of July 1, 2011.
 52  3    Code section 97B.14 is amended by eliminating an exception
 52  4 that permitted small employers with total monthly
 52  5 contributions of $100 or less to pay those contributions
 52  6 quarterly rather than monthly.  The bill requires all
 52  7 employers to pay contributions monthly, regardless of the
 52  8 amount of the contributions.
 52  9    Code section 97B.33, concerning payments made to an
 52 10 individual arising out of a decision by the system or a court,
 52 11 is amended to provide that the system may make the payment
 52 12 without certifying to the director of the department of
 52 13 administrative services that the person is entitled to the
 52 14 payment.
 52 15    Code section 97B.34A, concerning payment to minors, is
 52 16 amended to provide that if the sum to be paid is less than the
 52 17 greater of $25,000 or the amount authorized in section 565B.7,
 52 18 subsection 3 (currently $25,000), the funds may be paid to an
 52 19 adult as custodian for the minor.  Payments in excess of this
 52 20 amount are to be paid to a court=established conservator.
 52 21 Current law sets the maximum amount that can be paid to an
 52 22 adult custodian at $10,000.
 52 23    Code section 97B.38, concerning fees for services, is
 52 24 amended to allow the system to charge fees to anyone for the
 52 25 costs incurred by the system in performing its duties.
 52 26 Currently, members, beneficiaries, and the general public, but
 52 27 not employers, may be charged fees.
 52 28    Code section 97B.49B(1), concerning protection occupations,
 52 29 is amended to add county jailers and detention officers, Iowa
 52 30 national guard installation security officers, emergency
 52 31 medical services providers, and county attorney investigators,
 52 32 as members in a protection occupation for purposes of IPERS
 52 33 benefits.
 52 34    Code section 97B.49F, concerning the determination of the
 52 35 cost of living dividend, is amended.  Current law provides
 53  1 that the dividend increases by a percentage that is the lesser
 53  2 of 3 percent, the percentage increase in the consumer price
 53  3 index, and the percentage certified by the system's actuary
 53  4 that the system can absorb.  The bill amends the determination
 53  5 of the percentage calculated by the system's actuary to
 53  6 provide that the determination be made by comparing the
 53  7 actuarial required contribution rate for the system and the
 53  8 statutory contribution rate.  If the actuarial required rate
 53  9 exceeds that statutory rate, the bill provides that the
 53 10 percentage certified by the actuary shall be zero.
 53 11    Code section 97B.49H, concerning active member supplemental
 53 12 accounts, is amended to provide that no payments to the
 53 13 accounts be made unless the system remains fully funded
 53 14 following the payment to the supplemental accounts.  Current
 53 15 law allows payment only if the payment can be absorbed without
 53 16 significantly impacting the funded status of the system.
 53 17    Code section 97B.50, concerning early retirement due to
 53 18 disability, is amended to provide that a member who qualifies
 53 19 for IPERS regular disability benefits by becoming eligible for
 53 20 federal disability benefits must demonstrate their continued
 53 21 qualification for federal disability benefits to receive IPERS
 53 22 benefits.  Current law does not require a determination that
 53 23 the member remains eligible for federal disability benefits
 53 24 once initial eligibility is established.  The change does not
 53 25 affect the ability of the member to qualify for retirement
 53 26 benefits based on criteria other than disability.
 53 27    Code section 97B.52, concerning payment of a lump sum death
 53 28 benefit, is amended to eliminate a provision requiring a
 53 29 determination of what the lump sum payment would have been if
 53 30 the person had died on June 30, 1984, and a provision that the
 53 31 method of payment to a beneficiary selected by a member does
 53 32 not apply.
 53 33    Code section 97B.53B, concerning rollovers of members'
 53 34 accounts from IPERS to another eligible retirement plan, is
 53 35 amended to reflect Internal Revenue Code changes.  The bill
 54  1 provides that nonspouse beneficiaries of a member that are
 54  2 designated as beneficiaries pursuant to federal law are
 54  3 allowed to elect to have IPERS pay all or a portion of an
 54  4 eligible distribution to certain eligible retirement plans.
 54  5 The bill also provides that, beginning January 1, 2008, Roth
 54  6 individual retirement accounts and annuities are eligible
 54  7 retirement plans for a member, a member's surviving spouse, or
 54  8 a qualified payee under a qualified domestic relations order.
 54  9 The provision of the bill amending Code section 97B.53B takes
 54 10 effect upon enactment and is retroactively applicable to
 54 11 January 1, 2007.
 54 12    Code section 97B.65, concerning limitation on increases in
 54 13 benefits, is amended to provide that an increase in benefits
 54 14 shall not be implemented unless the system is fully funded and
 54 15 the increase in benefits can be absorbed into existing
 54 16 contribution rates for the membership group affected.  Current
 54 17 law only requires that the system be fully funded prior to
 54 18 implementing the increase in benefits.  This change also
 54 19 provides that the increase in benefits can be implemented even
 54 20 if the system is not fully funded or existing contribution
 54 21 rates are insufficient if the statutory change providing for
 54 22 the increased benefit is accompanied by a change in the
 54 23 required contribution rate necessary to support the increased
 54 24 benefit.  This provision takes effect July 1, 2011.
 54 25    Code section 97B.73B, concerning the purchase of service
 54 26 for patient advocates, is repealed by the bill.
 54 27    Code section 97B.80C(1) and (2), concerning purchases of
 54 28 permissive service credit, is amended.  The bill provides that
 54 29 any period of time when there was not performance of services
 54 30 is considered nonqualified service eligible for a purchase of
 54 31 service.  The bill also provides that a member may convert
 54 32 existing regular service credit to special service credit upon
 54 33 paying the actuarial cost of that enhanced benefit.  The bill
 54 34 provides that if the existing service was nonqualified
 54 35 service, then the purchase of special service credit for that
 55  1 service shall be made pursuant to the requirements governing
 55  2 the purchase of nonqualified service.  Alternatively, if the
 55  3 existing service was qualified service, then the purchase of
 55  4 special service credit for that service shall be made pursuant
 55  5 to the requirements governing the purchase of qualified
 55  6 service.
 55  7    Code section 97B.80C(3) is amended to provide that a member
 55  8 buying back service under IPERS can receive a credit for the
 55  9 cost of purchasing that prior service if the member received a
 55 10 refund for that service, as a vested member, prior to July 1,
 55 11 1998.  The credit shall be in an amount equal to the
 55 12 accumulated employer contributions of the member which were
 55 13 not paid to the member as a refund multiplied by a fraction of
 55 14 years of service for that member, determined as provided in
 55 15 Code section 97B.49A, 97B.49B, or 97B.49C, as of the date the
 55 16 member received the refund, plus interest.
 55 17    Code section 97B.82, concerning the purchase of service
 55 18 credit from a direct rollover of moneys from another
 55 19 retirement plan to IPERS, is amended to reflect Internal
 55 20 Revenue Code changes.  The provisions of the bill amending
 55 21 Code section 97B.82 take effect upon enactment and are
 55 22 retroactively applicable to January 1, 2007.
 55 23    The bill also provides that notwithstanding any provision
 55 24 of Code section 97B.65 to the contrary, the provisions in this
 55 25 division of the bill shall be implemented upon the effective
 55 26 dates applicable for those provisions.
 55 27    STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM.  Code sections
 55 28 411.5 and 411.8, concerning the actuarial valuation and the
 55 29 method of financing the retirement system, are amended to
 55 30 provide that the board of trustees shall select the actuarial
 55 31 cost method to be used in the annual actuarial valuation of
 55 32 the system and in calculating the cities' contribution rate to
 55 33 the system.  Current law provides that the system use the
 55 34 aggregate cost actuarial method.
 55 35    New Code section 411.10 permits current members of the
 56  1 retirement system with at least five years of service to
 56  2 purchase up to five years of service credit under the system
 56  3 for military service.  The bill provides that the member is
 56  4 required to pay the full actuarial cost of the service
 56  5 purchase and must make written application with the retirement
 56  6 system for the purchase of service.
 56  7    JUDICIAL RETIREMENT SYSTEM.  Code section 602.9104,
 56  8 concerning contributions to the judicial retirement system, is
 56  9 amended.  The bill provides that beginning July 1, 2008, the
 56 10 judge's contribution percentage shall be 7.7 percent of salary
 56 11 for FY 2008=2009, 8.7 percent for FY 2009=2010, and 9.35
 56 12 percent for FY 2010=2011 and each fiscal year thereafter until
 56 13 the system reaches fully funded status.  In addition,
 56 14 beginning July 1, 2008, and for each fiscal year thereafter
 56 15 until the system reaches fully funded status, the state's
 56 16 contribution shall be 30.6 percent of salary of all judges.
 56 17 Once the fund reaches fully funded status, the bill provides
 56 18 that the state shall pay 60 percent and judges shall pay 40
 56 19 percent of the required contribution rate.  Current law
 56 20 provides that judges pay 6 percent and the state shall pay
 56 21 23.7 percent until the system reaches fully funded status but
 56 22 adjusts the judge's contribution based on the actual
 56 23 percentage paid by the state.  Current law then provides that
 56 24 upon reaching fully funded status, the state and the judges
 56 25 shall pay the required contribution rate to the system on a
 56 26 50=50 basis.
 56 27    Code section 602.9116, concerning the actuarial valuation
 56 28 of the system, is amended to provide that the court
 56 29 administrator determine the actuarial assumptions and methods
 56 30 to be used by the actuary.  A corresponding change is made in
 56 31 Code section 602.9104 to eliminate the requirement that the
 56 32 projected unit actuarial cost method be used.  The bill also
 56 33 provides that the annual valuation include the actuarially
 56 34 required contribution rate for the system.
 56 35    MISCELLANEOUS PROVISIONS.  Code section 8A.438, concerning
 57  1 annuity contracts, is stricken and rewritten by the bill.  The
 57  2 bill authorizes the director of the department of
 57  3 administrative services to establish a tax=sheltered
 57  4 investment program in accordance with section 403(b) of the
 57  5 Internal Revenue Code and to offer the program to eligible
 57  6 public employers in the state.  The bill establishes a trust
 57  7 fund in the state treasury under the control of the department
 57  8 for deposit of moneys received under the program.
 57  9    Code section 55.1, concerning leaves of absence for service
 57 10 in elective office, is amended by the bill.  Current law
 57 11 provides that a leave of absence granted to a person elected
 57 12 to a municipal, county, state, or federal office need not
 57 13 exceed six years.  This provision of the bill removes the
 57 14 six=year limitation.  In addition, the bill provides that if a
 57 15 salaried employee takes leave without pay to serve in elected
 57 16 office the salaried compensation for the pay period shall be
 57 17 reduced pro rata to the number of days taken.
 57 18    Code section 97C.21, concerning voluntary federal social
 57 19 security coverage for certain part=time elected officials, is
 57 20 amended to permit the governor to authorize a statewide
 57 21 referendum of these officials on whether they should be
 57 22 included as an employee for purposes of social security
 57 23 coverage.
 57 24    Code section 97D.2, concerning the analysis of proposed
 57 25 changes to retirement systems, is amended to require that
 57 26 actuarial information on the cost of a proposed change include
 57 27 information on the effect of the proposed change on the normal
 57 28 cost rate for the system using the entry age normal actuarial
 57 29 cost method.
 57 30    New Code section 97D.5 requires that PORS, IPERS, the
 57 31 statewide fire and police retirement system created in Code
 57 32 chapter 411, and the judicial retirement system created in
 57 33 Code chapter 602, include additional actuarial information in
 57 34 each system's actuarial valuation or update beginning with the
 57 35 2008=2009 fiscal year.  The new Code section requires each
 58  1 public retirement system to determine, using the entry age
 58  2 normal actuarial cost method, the actuarially required
 58  3 contribution rate and normal cost rate for the public
 58  4 retirement system and to include this information in the
 58  5 system's actuarial valuation.
 58  6    Code section 260C.14(9), Code section 273.3(14), and Code
 58  7 section 294.16, concerning annuity contracts for community
 58  8 college, area education agency (AEA), and school district
 58  9 employees, are stricken and rewritten by the bill.  These
 58 10 provisions of the bill provide that a community college or AEA
 58 11 board or school district may establish a plan in accordance
 58 12 with section 403(b) of the Internal Revenue Code allowing
 58 13 eligible employees to select one or more investment contracts.
 58 14 "Investment contract" is defined as a custodial account
 58 15 utilizing mutual funds or an annuity contract.  The bill
 58 16 provides that investment contracts in the plan shall either be
 58 17 selected pursuant to a competitive bidding process conducted
 58 18 by the employer in coordination with employees or by
 58 19 participation in the tax=sheltered investment program
 58 20 established by the department of administrative services.  The
 58 21 determination of whether to select investment contracts by
 58 22 competitive bid or by participation in the department of
 58 23 administrative services plan shall be by agreement between the
 58 24 employer and employee organizations representing employees.
 58 25 Current law provides that selection of an investment contract
 58 26 is at the discretion of the employee.  These provisions of the
 58 27 bill take effect January 1, 2009.
 58 28    The bill also establishes a transition provision, effective
 58 29 upon enactment, that provides for the selection of investment
 58 30 contracts in a 403(b) plan offered by a community college or
 58 31 AEA board, or school district, for the period beginning
 58 32 January 1, 2009, through December 31, 2009.  This section of
 58 33 the bill provides that investment contracts in the plan for
 58 34 that period shall either be investment contracts included in a
 58 35 deferred compensation or similar plan offered by the
 59  1 department of administrative services or no more than five
 59  2 companies authorized to issue investment contracts as selected
 59  3 by the applicable employer and no more than three companies
 59  4 authorized to issue investment contracts as selected by the
 59  5 employee organizations representing the employer's employees.
 59  6 The determination of whether to select investment contracts by
 59  7 determination of the applicable employer and employee
 59  8 organizations or by utilizing investment contracts selected by
 59  9 the department of administrative services shall be by
 59 10 agreement between the employer and employee organizations
 59 11 representing employees by August 15, 2008.  The bill
 59 12 authorizes the applicable employer to take all necessary steps
 59 13 to establish a 403(b) plan meeting the requirements of this
 59 14 bill by January 1, 2009.
 59 15    The bill further provides that the department of
 59 16 administrative services establish, by January 1, 2010, a
 59 17 tax=sheltered investment program as authorized by rewritten
 59 18 Code section 8A.438 in the bill.  The bill provides that
 59 19 selection of vendors authorized to participate in the program
 59 20 shall be determined by the department and allows impacted
 59 21 employee organizations and employers to assist the department
 59 22 in the initial competitive bid process relative to selecting
 59 23 the vendors.
 59 24 LSB 6675XC 82
 59 25 ec/sc/5