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House File 540

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 540
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PERSONNEL PROCEDURES AND INVESTMENT POLICY
  1  5    REQUIREMENTS FOR STATE GOVERNMENT EMPLOYEES.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 12B.10, subsection 6, Code 1997, is
  1 10 amended by adding the following new paragraph:
  1 11    NEW PARAGRAPH.  h.  Investments under the deferred
  1 12 compensation plan established by the executive council
  1 13 pursuant to section 509A.12.
  1 14    Sec. 2.  Section 12B.10A, subsection 6, Code 1997, is
  1 15 amended by adding the following new paragraph:
  1 16    NEW PARAGRAPH.  h.  The deferred compensation plan
  1 17 established by the executive council pursuant to section
  1 18 509A.12.
  1 19    Sec. 3.  Section 12B.10B, subsection 3, Code 1997, is
  1 20 amended by adding the following new paragraph:
  1 21    NEW PARAGRAPH.  h.  The deferred compensation plan
  1 22 established by the executive council pursuant to section
  1 23 509A.12.
  1 24    Sec. 4.  Section 12B.10C, Code 1997, is amended by adding
  1 25 the following new subsection:
  1 26    NEW SUBSECTION.  7.  The deferred compensation plan
  1 27 established by the executive council pursuant to section
  1 28 509A.12.
  1 29    Sec. 5.  Section 12C.1, subsection 1, Code 1997, is amended
  1 30 to read as follows:
  1 31    1.  All funds held in the hands of by the following
  1 32 officers or institutions shall be deposited in one or more
  1 33 depositories first approved by the appropriate governing body
  1 34 as indicated:  For the treasurer of state, by the executive
  1 35 council; for judicial officers and court employees, by the
  2  1 supreme court; for the county treasurer, recorder, auditor,
  2  2 and sheriff, by the board of supervisors; for the city
  2  3 treasurer or other designated financial officer of a city, by
  2  4 the city council; for the county public hospital or merged
  2  5 area hospital, by the board of hospital trustees; for a
  2  6 memorial hospital, by the memorial hospital commission; for a
  2  7 school corporation, by the board of school directors; for a
  2  8 city utility or combined utility system established under
  2  9 chapter 388, by the utility board; for a regional library
  2 10 established under chapter 256, by the regional board of
  2 11 library trustees; and for an electric power agency as defined
  2 12 in section 28F.2, by the governing body of the electric power
  2 13 agency.  However, the treasurer of state and the treasurer of
  2 14 each political subdivision or the designated financial officer
  2 15 of a city shall invest all funds not needed for current
  2 16 operating expenses in time certificates of deposit in approved
  2 17 depositories pursuant to this chapter or in investments
  2 18 permitted by section 12B.10.  The list of public depositories
  2 19 and the amounts severally deposited in the depositories are
  2 20 matters of public record.  This subsection does not limit the
  2 21 definition of "public funds" contained in subsection 2.
  2 22 Notwithstanding provisions of this section to the contrary,
  2 23 public funds of a state government deferred compensation plan
  2 24 established by the executive council may also be invested in
  2 25 the investment products authorized under section 509A.12.
  2 26    Sec. 6.  NEW SECTION.  19A.12B  DEFERRED COMPENSATION PLAN.
  2 27    The department shall make available to eligible state
  2 28 employees by September 1, 1997 the option of utilizing mutual
  2 29 funds as an investment alternative to the state's deferred
  2 30 compensation plan established under section 509A.12.
  2 31 Participating employees shall, to the extent permitted by law,
  2 32 be allowed to transfer moneys deferred under the plan to a
  2 33 mutual fund offered pursuant to section 509A.12.
  2 34    Sec. 7.  Section 70A.31, Code 1997, is amended to read as
  2 35 follows:
  3  1    70A.31  ELIGIBILITY.
  3  2    The phased retirement incentive program requires that
  3  3 participants agree to work a maximum of thirty-two hours per
  3  4 week and a minimum of twenty hours per week for the first year
  3  5 four years after entering the program.  After the fourth year
  3  6 of participation in the program, participants shall agree to
  3  7 work a maximum of twenty hours per week.  Participants shall
  3  8 agree to retire from state government employment effective on
  3  9 the last day of their fifth year of participation in the
  3 10 program.
  3 11    Sec. 8.  Section 70A.32, subsection 4, Code 1997, is
  3 12 amended to read as follows:
  3 13    4.  Continuation of membership in the state employees
  3 14 disability insurance program.  During the five-year period,
  3 15 monthly earnings of the employee for purposes of the
  3 16 disability insurance program shall equal the monthly earnings
  3 17 as if the participant were a full-time employee.
  3 18    Sec. 9.  Section 70A.33, unnumbered paragraph 1, Code 1997,
  3 19 is amended to read as follows:
  3 20    A state employee meeting the requirements of section 70A.31
  3 21 may file a request to participate in the program with the head
  3 22 of the employee's state department, agency, or commission.
  3 23 The employee shall specify the number of hours per week the
  3 24 employee intends to work for each of the five years of
  3 25 participation, subject to the requirements of section 70A.31.
  3 26 Participation in the program is dependent upon the approval of
  3 27 the head of the department, agency, or commission.  The cost
  3 28 to the state department, agency, or commission shall be paid
  3 29 from the funds appropriated to the department, agency, or
  3 30 commission for salaries, support, maintenance, and
  3 31 miscellaneous purposes.
  3 32    Sec. 10.  Section 509A.12, unnumbered paragraph 1, Code
  3 33 1997, is amended to read as follows:
  3 34    At the request of an employee, the governing body or the
  3 35 county board of supervisors shall by contractual agreement
  4  1 acquire an individual or group life insurance contract,
  4  2 annuity contract, interest in a mutual fund, security, or any
  4  3 other deferred payment contract for the purpose of funding a
  4  4 deferred compensation program.  A governing body, county board
  4  5 of supervisors or other public entity, to the extent allowed
  4  6 by law, may establish a deferred compensation program under
  4  7 this section.  The contributions made on behalf of an employee
  4  8 who chooses to participate in the program shall be invested at
  4  9 the direction of the employee in a life insurance contract,
  4 10 annuity contract, mutual fund, security, or any other deferred
  4 11 payment contract offered as an investment option under the
  4 12 program.  The contract acquired for an employee shall be in
  4 13 accordance with the plan document and shall be acquired from
  4 14 any a company, or a salesperson for that company, that is
  4 15 authorized to do business in this state, or through an Iowa-
  4 16 licensed salesperson that the employee selects on a group or
  4 17 individual basis.  When the state of Iowa acquires an
  4 18 investment product pursuant to the plan document the state
  4 19 does not become a shareholder, stockholder, or owner of a
  4 20 corporation in violation of Article VIII, section 3, of the
  4 21 Constitution of the State of Iowa or any other provision of
  4 22 law.  
  4 23 
  4 24 
  4 25                                                             
  4 26                               RON J. CORBETT
  4 27                               Speaker of the House
  4 28 
  4 29 
  4 30                                                             
  4 31                               MARY E. KRAMER
  4 32                               President of the Senate
  4 33 
  4 34    I hereby certify that this bill originated in the House and
  4 35 is known as House File 540, Seventy-seventh General Assembly.
  5  1 
  5  2 
  5  3                                                             
  5  4                               ELIZABETH ISAACSON
  5  5                               Chief Clerk of the House
  5  6 Approved                , 1997
  5  7 
  5  8 
  5  9                         
  5 10 TERRY E. BRANSTAD
  5 11 Governor
     

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