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Senate Amendment 3681

Amendment Text

PAG LIN
  1  1    Amend Senate File 487 as follows:
  1  2    #1.  Page 1, by striking line 13 and inserting the
  1  3 following:  "enforcing child support obligations,
  1  4 including spousal or medical support obligations to
  1  5 the extent provided in the child support order, and".
  1  6    #2.  Page 1, lines 15 and 16, by striking the words
  1  7 ", spousal, or medical support obligations" and
  1  8 inserting the following:  "support obligations,
  1  9 including spousal or medical support obligations to
  1 10 the extent provided in the child support order".
  1 11    #3.  Page 1, by inserting after line 19 the
  1 12 following:
  1 13    "Sec. 100.  Section 97B.73, unnumbered paragraph 1,
  1 14 Code 1995, is amended to read as follows:
  1 15    A vested or retired member who was in public
  1 16 employment comparable to employment covered under this
  1 17 chapter in another state or in the federal government,
  1 18 or who was a member of another public retirement
  1 19 system in this state, including but not limited to the
  1 20 teachers insurance annuity association-college
  1 21 retirement equities fund, but who was not retired
  1 22 under that system, upon submitting verification of
  1 23 membership and service in the other public system to
  1 24 the department, including proof that the member has no
  1 25 further claim upon a retirement benefit from that
  1 26 other public system, may make employer and employee
  1 27 contributions to the system either for the entire
  1 28 period of service in the other public system, or for
  1 29 partial service in the other public system in
  1 30 increments of one or more years, as long as the
  1 31 increments represent full years and not a portion of a
  1 32 year.  The member may also make one lump sum
  1 33 contribution to the system which represents the entire
  1 34 period of service in the other public system, even if
  1 35 the period of time exceeds one year or includes a
  1 36 portion of a year.  If the member wishes to transfer
  1 37 only a portion of the service value of another public
  1 38 system to this system and the other public system
  1 39 allows a partial withdrawal of a member's system
  1 40 credits, the member shall receive credit for
  1 41 membership service in this system equivalent to the
  1 42 number of years of service transferred from the other
  1 43 public system.  The contribution payable shall be
  1 44 based upon the member's covered wages for the most
  1 45 recent full calendar year at the applicable rates in
  1 46 effect for that calendar year under sections 97B.11
  1 47 and 97B.49 and multiplied by the member's years of
  1 48 service in other public employment.  If the member's
  1 49 most recent covered wages were earned prior to the
  1 50 most recent calendar year, the member's covered wages
  2  1 shall be adjusted by the department by an inflation
  2  2 factor to reflect changes in the economy since the
  2  3 covered wages were earned.
  2  4    Sec. 101.  Section 97B.80, unnumbered paragraph 1,
  2  5 Code 1995, is amended to read as follows:
  2  6    Effective July 1, 1992, a A vested or retired
  2  7 member, who at any time served on active duty in the
  2  8 armed forces of the United States, upon submitting
  2  9 verification of the dates of the active duty service,
  2 10 may make employer and employee contributions to the
  2 11 system based upon the member's covered wages for the
  2 12 most recent full calendar year in which the member had
  2 13 reportable wages at the applicable rates in effect for
  2 14 that year under sections 97B.11 and 97B.49, for the
  2 15 period of time of the active duty service, in
  2 16 increments of no greater than one year and not less
  2 17 than one calendar quarter, and receive credit for
  2 18 membership service and prior service for the period of
  2 19 time for which the contributions are made.  However,
  2 20 the member may not make contributions in an increment
  2 21 of less than one year more than once.  The member may
  2 22 also make one lump sum contribution to the system
  2 23 which represents the period of time of the active duty
  2 24 service, even if the period of time exceeds one year
  2 25 or a portion of the service.  If the member's most
  2 26 recent covered wages were earned prior to the most
  2 27 recent calendar year, the member's covered wages shall
  2 28 be adjusted by the department by an inflation factor
  2 29 to reflect changes in the economy.  The department
  2 30 shall adjust benefits for a six-month period prior to
  2 31 the date the member pays contributions under this
  2 32 section if the member is receiving a retirement
  2 33 allowance at the time the contribution payment is
  2 34 made.  Verification of active duty service and payment
  2 35 of contributions shall be made to the department.
  2 36 However, a member is not eligible to make
  2 37 contributions under this section if the member is
  2 38 receiving, is eligible to receive, or may in the
  2 39 future be eligible to receive retirement pay from the
  2 40 United States government for active duty in the armed
  2 41 forces, except for retirement pay granted by the
  2 42 United States government under retired pay for
  2 43 nonregular service (10 U.S.C. } 1331, et seq.).  A
  2 44 member receiving retired pay for nonregular service
  2 45 who makes contributions under this section shall
  2 46 provide information required by the department
  2 47 documenting time periods covered under retired pay for
  2 48 nonregular service."
  2 49    #4.  Page 1, lines 32 and 33, by striking the words
  2 50 ", spousal, or medical support obligations" and
  3  1 inserting the following:  "support obligations,
  3  2 including spousal or medical support obligations to
  3  3 the extent provided in the child support order,".
  3  4    #5.  Page 1, by striking line 35 and inserting the
  3  5 following:  "enforcing child support obligations,
  3  6 including spousal or medical support obligations to
  3  7 the extent provided in the child support order, the".
  3  8    #6.  Page 2, by inserting after line 3 the
  3  9 following:
  3 10    "Sec.    .  Section 411.36, subsection 1,
  3 11 unnumbered paragraph 1, Code 1995, as amended by 1995
  3 12 Iowa Acts, Senate File 45, section 5, is amended to
  3 13 read as follows:
  3 14    A board of trustees for the statewide fire and
  3 15 police retirement system is created.  The board shall
  3 16 consist of thirteen fourteen members, including nine
  3 17 voting members and four five nonvoting members.
  3 18 Section 69.16A applies to the appointment of the
  3 19 voting members of the board.  The voting members of
  3 20 the board shall be as follows:
  3 21    Sec.    .  Section 411.36, subsection 1, unnumbered
  3 22 paragraph 2, Code 1995, as amended by 1995 Iowa Acts,
  3 23 Senate File 45, section 5, is amended to read as
  3 24 follows:
  3 25    The treasurer of state, or the treasurer's
  3 26 designee, shall serve as an ex officio, nonvoting
  3 27 member.  The other nonvoting members of the board
  3 28 shall be two state representatives, one appointed by
  3 29 the speaker of the house of representatives and one by
  3 30 the minority leader of the house, and two state
  3 31 senators, one appointed by the majority leader of the
  3 32 senate and one by the minority leader of the senate.
  3 33    Sec.    .  Section 411.36, subsection 2, Code 1995,
  3 34 is amended to read as follows:
  3 35    2.  Except as otherwise provided for the initial
  3 36 appointments, the The voting members shall be
  3 37 appointed for four-year terms, and the nonvoting
  3 38 members who are members of the senate and the house of
  3 39 representatives shall be appointed for two-year terms.
  3 40 Terms begin on May 1 in the year of appointment and
  3 41 expire on April 30 in the year of expiration.
  3 42    Sec.    .  Section 411.36, subsection 5, paragraph
  3 43 a, Code 1995, is amended to read as follows:
  3 44    a.  Members of the board, except the treasurer of
  3 45 state or the treasurer's designee, shall be paid their
  3 46 actual and necessary expenses incurred in the
  3 47 performance of their duties and shall receive a per
  3 48 diem as specified in section 7E.6 for each day of
  3 49 service.  Per diem and expenses shall be paid to
  3 50 voting members from the fire and police retirement
  4  1 fund created in section 411.8."
  4  2    #7.  Page 2, by inserting after line 3 the
  4  3 following:
  4  4    "Sec. 102.  1994 Iowa Acts, chapter 1183, section
  4  5 51, is amended to read as follows:
  4  6    SEC. 51.  Section 97B.66, unnumbered paragraphs 1
  4  7 and 2, Code Supplement 1993, are amended to read as
  4  8 follows:
  4  9    A vested or retired member who was a member of the
  4 10 teachers insurance and annuity association-college
  4 11 retirement equity fund at any time between July 1,
  4 12 1967 and June 30, 1971 and who became a member of the
  4 13 system on July 1, 1971, upon submitting verification
  4 14 of service and wages earned during the applicable
  4 15 period of service under the teachers insurance and
  4 16 annuity association-college retirement equity fund,
  4 17 may make employer and employee contributions to the
  4 18 system based upon the covered wages of the member and
  4 19 the covered wages and the contribution rates in effect
  4 20 for all or a portion of that period of service and
  4 21 receive credit for membership service under this
  4 22 system equivalent to the applicable period of
  4 23 membership service in the teachers insurance and
  4 24 annuity association-college retirement equity fund for
  4 25 which the contributions have been made.  In addition,
  4 26 a member making employer and employee contributions
  4 27 because of membership in the teachers insurance and
  4 28 annuity association-college retirement equity fund
  4 29 under this section who was a member of the system on
  4 30 June 30, 1967 and withdrew the member's accumulated
  4 31 contributions because of membership on July 1, 1967 in
  4 32 the teachers insurance and annuity association-college
  4 33 retirement equity fund, may make employee
  4 34 contributions to the system for all or a portion of
  4 35 the period of service under the system prior to July
  4 36 1, 1967.  A member making contributions pursuant to
  4 37 this section may make the contributions either for the
  4 38 entire applicable period of service, or, effective
  4 39 upon the date that the department determines that the
  4 40 amendments to this paragraph and unnumbered paragraph
  4 41 2 contained in this Act shall be implemented, for
  4 42 portions of the period of service, and if
  4 43 contributions are made for portions of the period of
  4 44 service, the contributions shall be in increments of
  4 45 one or more years, as long as the increments represent
  4 46 full years and not a portion of a year.  However, the
  4 47 department shall not implement the amendments to this
  4 48 paragraph or unnumbered paragraph 2, as enacted in
  4 49 this Act, unless and until the department determines
  4 50 that the most recent annual actuarial valuation of the
  5  1 retirement system indicates that the employer and
  5  2 employee contribution rates in effect under section
  5  3 97B.11 can absorb the amendments to this paragraph and
  5  4 unnumbered paragraph 2 and to section 97B.72,
  5  5 unnumbered paragraphs 1 and 2, section 97B.72A,
  5  6 subsection 1, unnumbered paragraph 1, section 97B.73A,
  5  7 unnumbered paragraph 1, and section 97B.74, unnumbered
  5  8 paragraphs 1 and 2, contained in this Act, after
  5  9 meeting the other established priority of the system.
  5 10 Until the amendments are implemented, the department
  5 11 shall continue to implement the provisions of section
  5 12 97B.66, unnumbered paragraphs 1 and 2, Code Supplement
  5 13 1993.  As used in this section, unless the context
  5 14 otherwise requires, "other established priority of the
  5 15 system" means that commencing January 1 following the
  5 16 most recent annual actuarial valuation of the system,
  5 17 the department has increased the covered wage
  5 18 limitation from the previous year by three thousand
  5 19 dollars, in accordance with section 97B.41, subsection
  5 20 20, paragraph "b", subparagraph (11).
  5 21    The contributions paid by the vested or retired
  5 22 member shall be equal to the accumulated contributions
  5 23 as defined in section 97B.41, subsection 2, by the
  5 24 member for the applicable period of service, and the
  5 25 employer contribution for the applicable period of
  5 26 service under the teachers insurance and annuity
  5 27 association-college retirement equity fund, that would
  5 28 have been or had been contributed by the vested or
  5 29 retired member and the employer, if applicable, plus
  5 30 interest on the contributions that would have accrued
  5 31 for the applicable period from the date the previous
  5 32 applicable period of service commenced under this
  5 33 system or from the date the service of the member in
  5 34 the teachers insurance and annuity association-college
  5 35 retirement equity fund commenced to the date of
  5 36 payment of the contributions by the member equal to
  5 37 two percent plus the interest dividend rate applicable
  5 38 for each year.
  5 39    Sec. 103.  1994 Iowa Acts, Chapter 1183, section
  5 40 53, is amended to read as follows:
  5 41    SEC. 53.  Section 97B.72, unnumbered paragraphs 1
  5 42 and 2, Code Supplement 1993, are amended to read as
  5 43 follows:
  5 44    Persons who are members of the Seventy-first
  5 45 General Assembly or a succeeding general assembly who
  5 46 submit proof to the department of membership in the
  5 47 general assembly during any period beginning July 4,
  5 48 1953, may make contributions to the system for all or
  5 49 a portion of the period of service in the general
  5 50 assembly, and receive credit for the applicable period
  6  1 for which contributions are made.  The contributions
  6  2 made by the member shall be equal to the accumulated
  6  3 contributions as defined in section 97B.41, subsection
  6  4 2, which would have been made if the member of the
  6  5 general assembly had been a member of the system
  6  6 during the applicable period.  The proof of membership
  6  7 in the general assembly and payment of accumulated
  6  8 contributions shall be transmitted to the department.
  6  9 A member making contributions pursuant to this section
  6 10 may make the contributions either for the entire
  6 11 applicable period of service, or, effective upon the
  6 12 date that the department determines that the
  6 13 amendments to this paragraph and unnumbered paragraph
  6 14 2 contained in this Act shall be implemented, for
  6 15 portions of the period of service, and if
  6 16 contributions are made for portions of the period of
  6 17 service, the contributions shall be in increments of
  6 18 one or more years, as long as the increments represent
  6 19 full years and not a portion of a year.  However, the
  6 20 department shall not implement the amendments to this
  6 21 paragraph or unnumbered paragraph 2, as enacted in
  6 22 this Act, unless and until the department determines
  6 23 that the most recent annual actuarial valuation of the
  6 24 retirement system indicates that the employer and
  6 25 employee contribution rates in effect under section
  6 26 97B.11 can absorb the amendments to this paragraph and
  6 27 unnumbered paragraph 2 and to section 97B.66,
  6 28 unnumbered paragraphs 1 and 2, section 97B.72A,
  6 29 subsection 1, unnumbered paragraph 1, section 97B.73A,
  6 30 unnumbered paragraph 1, and section 97B.74, unnumbered
  6 31 paragraphs 1 and 2, contained in this Act, after
  6 32 meeting the other established priority of the system,
  6 33 as defined in section 97B.66.  Until the amendments
  6 34 are implemented, the department shall continue to
  6 35 implement the provisions of section 97B.72, unnumbered
  6 36 paragraphs 1 and 2, Code Supplement 1993.
  6 37    There is appropriated from moneys available to the
  6 38 general assembly under section 2.12 an amount
  6 39 sufficient to pay the contributions of the employer
  6 40 based on the period of service for which the members
  6 41 have paid accumulated contributions in an amount equal
  6 42 to the contributions which would have been made if the
  6 43 members of the general assembly who made employee
  6 44 contributions had been members of the system during
  6 45 the applicable period of service in the general
  6 46 assembly plus two percent interest plus interest
  6 47 dividends for all completed calendar years and for any
  6 48 completed calendar year for which the interest
  6 49 dividend has not been declared and for completed
  6 50 months of partially completed calendar years at two
  7  1 percent interest plus the interest dividend rate
  7  2 calculated for the previous year, compounded annually,
  7  3 from the end of the calendar year in which
  7  4 contribution was made to the first day of the month of
  7  5 such date.
  7  6    Sec. 104.  1994 Iowa Acts, Chapter 1183, section
  7  7 54, is amended to read as follows:
  7  8    SEC. 54.  Section 97B.72A, subsection 1, unnumbered
  7  9 paragraph 1, Code Supplement 1993, is amended to read
  7 10 as follows:
  7 11    An active or vested member of the system who was a
  7 12 member of the general assembly prior to July 1, 1988,
  7 13 may make contributions to the system for all or a
  7 14 portion of the period of service in the general
  7 15 assembly.  The contributions made by the member shall
  7 16 be equal to the accumulated contributions as defined
  7 17 in section 97B.41, subsection 2, which would have been
  7 18 made if the member of the general assembly had been a
  7 19 member of the system during the applicable period of
  7 20 service in the general assembly.  A member making
  7 21 contributions pursuant to this section may make the
  7 22 contributions either for the entire applicable period
  7 23 of service, or for portions of the period of service,
  7 24 and, effective upon the date that the department
  7 25 determines that the amendments to this paragraph
  7 26 contained in this Act shall be implemented, if
  7 27 contributions are made for portions of the period of
  7 28 service, the contributions shall be in increments of
  7 29 one or more years, as long as the increments represent
  7 30 full years and not a portion of a year.  The member of
  7 31 the system shall submit proof to the department of
  7 32 membership in the general assembly.  The department
  7 33 shall credit the member with the period of membership
  7 34 service for which contributions are made.  However,
  7 35 the department shall not implement the amendments to
  7 36 this paragraph, as enacted in this Act, unless and
  7 37 until the department determines that the most recent
  7 38 annual actuarial valuation of the retirement system
  7 39 indicates that the employer and employee contribution
  7 40 rates in effect under section 97B.11 can absorb the
  7 41 amendments to this paragraph and to section 97B.66,
  7 42 unnumbered paragraphs 1 and 2, section 97B.72,
  7 43 unnumbered paragraphs 1 and 2, section 97B.73A,
  7 44 unnumbered paragraph 1, and section 97B.74, unnumbered
  7 45 paragraphs 1 and 2, contained in this Act, after
  7 46 meeting the other established priority of the system,
  7 47 as defined in section 97B.66.  Until the amendments
  7 48 are implemented, the department shall continue to
  7 49 implement the provisions of section 97B.72A,
  7 50 subsection 1, unnumbered paragraph 1, Code Supplement
  8  1 1993.
  8  2    Sec. 105.  1994 Iowa Acts, Chapter 1183, section
  8  3 57, is amended to read as follows:
  8  4    SEC. 57.  Section 97B.73A, unnumbered paragraph 1,
  8  5 Code Supplement 1993, is amended to read as follows:
  8  6    A part-time county attorney may elect in writing to
  8  7 the department to make employee contributions to the
  8  8 system for the county attorney's previous service as a
  8  9 county attorney and receive credit for membership
  8 10 service in the system for the applicable period of
  8 11 service as a part-time county attorney for which
  8 12 employee contributions are made.  The contributions
  8 13 paid by the member shall be equal to the accumulated
  8 14 contributions, as defined in section 97B.41,
  8 15 subsection 2, for the applicable period of membership
  8 16 service.  A member making contributions pursuant to
  8 17 this section may make the contributions either for the
  8 18 entire applicable period of service, or, effective
  8 19 upon the date that the department determines that the
  8 20 amendments to this paragraph contained in this Act
  8 21 shall be implemented, for portions of the period of
  8 22 service, and if contributions are made for portions of
  8 23 the period of service, the contributions shall be in
  8 24 increments of one or more years, as long as the
  8 25 increments represent full years and not a portion of a
  8 26 year.  A member who elects to make contributions under
  8 27 this section shall notify the county board of
  8 28 supervisors of the member's election, and the county
  8 29 board of supervisors shall pay to the department the
  8 30 employer contributions that would have been
  8 31 contributed by the employer under section 97B.11 plus
  8 32 interest on the contributions that would have accrued
  8 33 if the county attorney had been a member of the system
  8 34 for the applicable period of service.  However, the
  8 35 department shall not implement the amendments to this
  8 36 paragraph, as enacted in this Act, unless and until
  8 37 the department determines that the most recent annual
  8 38 actuarial valuation of the retirement system indicates
  8 39 that the employer and employee contribution rates in
  8 40 effect under section 97B.11 can absorb the amendments
  8 41 to this paragraph and to section 97B.66, unnumbered
  8 42 paragraphs 1 and 2, section 97B.72, unnumbered
  8 43 paragraphs 1 and 2, section 97B.72A, subsection 1,
  8 44 unnumbered paragraph 1, and section 97B.74, unnumbered
  8 45 paragraphs 1 and 2, contained in this Act, after
  8 46 meeting the other established priority of the system,
  8 47 as defined in section 97B.66.  Until the amendments
  8 48 are implemented, the department shall continue to
  8 49 implement the provisions of section 97B.73A,
  8 50 unnumbered paragraph 1, Code Supplement 1993.
  9  1    Sec. 106.  1994 Iowa Acts, Chapter 1183, section
  9  2 58, is amended to read as follows:
  9  3    SEC. 58.  Section 97B.74, unnumbered paragraphs 1
  9  4 and 2, Code Supplement 1993, are amended to read as
  9  5 follows:
  9  6    An active, vested, or retired member who was a
  9  7 member of the system at any time on or after July 4,
  9  8 1953, and who received a refund of the member's
  9  9 contributions for that period of membership service,
  9 10 may elect in writing to the department to make
  9 11 contributions to the system for all or a portion of
  9 12 the period of membership service for which a refund of
  9 13 contributions was made, and receive credit for the
  9 14 period of membership service for which contributions
  9 15 are made.  The contributions repaid by the member for
  9 16 such service shall be equal to the accumulated
  9 17 contributions, as defined in section 97B.41,
  9 18 subsection 2, received by the member for the
  9 19 applicable period of membership service plus interest
  9 20 on the accumulated contributions for the applicable
  9 21 period from the date of receipt by the member to the
  9 22 date of repayment equal to two percent plus the
  9 23 interest dividend rate applicable for each year
  9 24 compounded annually.
  9 25    An active member must have at least one quarter's
  9 26 reportable wages on file and have membership service,
  9 27 including that period of membership service for which
  9 28 a refund of contributions was made, sufficient to give
  9 29 the member vested status.  A member making
  9 30 contributions pursuant to this section may make the
  9 31 contributions either for the entire applicable period
  9 32 of service, or, effective upon the date that the
  9 33 department determines that the amendments to this
  9 34 paragraph and unnumbered paragraph 1 contained in this
  9 35 Act shall be implemented, for portions of the period
  9 36 of service, and if contributions are made for portions
  9 37 of the period of service, the contributions shall be
  9 38 in increments of one or more years, as long as the
  9 39 increments represent full years and not a portion of a
  9 40 year.  However, the department shall not implement the
  9 41 amendments to this paragraph or unnumbered paragraph
  9 42 1, as enacted in this Act, unless and until the
  9 43 department determines that the most recent annual
  9 44 actuarial valuation of the retirement system indicates
  9 45 that the employer and employee contribution rates in
  9 46 effect under section 97B.11 can absorb the amendments
  9 47 to this paragraph and to unnumbered paragraph 1 and to
  9 48 section 97B.66, unnumbered paragraphs 1 and 2, section
  9 49 97B.72, unnumbered paragraphs 1 and 2, section
  9 50 97B.72A, subsection 1, unnumbered paragraph 1, and
 10  1 section 97B.73A, unnumbered paragraph 1, contained in
 10  2 this Act, after meeting the other established priority
 10  3 of the system, as defined in section 97B.66.  Until
 10  4 the amendments are implemented, the department shall
 10  5 continue to implement the provisions of section
 10  6 97B.74, unnumbered paragraphs 1 and 2, Code Supplement
 10  7 1993."
 10  8    #8.  Title page, line 1, by inserting after the
 10  9 word "Act" the following:  "relating to public
 10 10 employee benefits and".
 10 11    #9.  Title page, line 3, by striking the words ",
 10 12 spousal, or" and inserting the following:  "support
 10 13 obligations including to the extent provided in the
 10 14 child support order any spousal or".
 10 15    #10.  By renumbering and correcting internal
 10 16 references as necessary.  
 10 17 
 10 18 
 10 19                              
 10 20 COMMITTEE ON STATE GOVERNMENT
 10 21 MICHAEL E. GRONSTAL, Chairperson
 10 22 SF 487.303 76
 10 23 cl/cf
     

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