Text: S05235                            Text: S05237
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5236

Amendment Text

PAG LIN
  1  1    Amend Senate File 2411, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, line 15, by striking the word "and".
  1  4    #2.  Page 1, line 16, by inserting after the word
  1  5 "system" the following:  ", and a person appointed by
  1  6 the governor".
  1  7    #3.  Page 1, line 16, by striking the word "Both"
  1  8 and inserting the following:  "The person appointed by
  1  9 the governor shall be an executive of a domestic life
  1 10 insurance company, an executive of a state or national
  1 11 bank operating within the state of Iowa, or an
  1 12 executive in the financial services industry, and
  1 13 shall be subject to confirmation by the senate.  The".
  1 14    #4.  Page 1, line 17, by inserting after the word
  1 15 "system" the following:  "and the person appointed by
  1 16 the governor".
  1 17    #5.  Page 3, by striking lines 6 through 15.
  1 18    #6.  Page 4, line 28, by inserting after the word
  1 19 "pension" the following:  "of a retired member".
  1 20    #7.  Page 4, line 30, by striking the words  "or
  1 21 death".
  1 22    #8.  Page 8, by striking lines 8 through 18.
  1 23    #9.  Page 12, line 21, by inserting after the word
  1 24 "Code." the following:  "In addition, wages includes
  1 25 amounts that can be received in cash in lieu of
  1 26 employer-paid contributions to such plans, if the
  1 27 election is uniformly available and is not limited to
  1 28 highly compensated employees, as defined in section
  1 29 414(q) of the Internal Revenue Code."
  1 30    #10.  Page 13, line 22, by inserting after the word
  1 31 "contributions" the following:  "that cannot be
  1 32 received by the employee in cash and that are made".
  1 33    #11.  Page 14, by striking lines 13 through 15.
  1 34    #12.  Page 19, by inserting after line 19 the
  1 35 following:
  1 36    "Sec.    .  Section 97B.48, subsection 3, Code
  1 37 1999, is amended to read as follows:
  1 38    3.  As of the first of the month in which a member
  1 39 attains the age of seventy years, the department shall
  1 40 provide written notification to the member that the
  1 41 member may commence receiving a retirement allowance
  1 42 regardless of the member's employment status.  Prior
  1 43 to receiving a retirement allowance pursuant to this
  1 44 subsection, a member shall acknowledge in writing that
  1 45 the member was informed by the department of the
  1 46 consequences of electing to receive a retirement
  1 47 allowance pursuant to this subsection and that receipt
  1 48 of a retirement allowance under this subsection is
  1 49 optional.  Upon termination from employment of a
  1 50 member receiving a retirement allowance pursuant to
  2  1 this subsection, the member is entitled to have the
  2  2 member's monthly retirement allowance recalculated
  2  3 using the applicable formula for determining a
  2  4 retirement allowance pursuant to sections 97B.49A
  2  5 through 97B.49G, as applicable, in place at the time
  2  6 of the member's first month of entitlement."
  2  7    #13.  Page 27, line 35, by striking the word
  2  8 "twelve" and inserting the following:  "thirty-six".
  2  9    #14.  Page 28, line 20, by striking the word
  2 10 "twelve" and inserting the following:  "thirty-six".
  2 11    #15.  Page 28, by inserting after line 22 the
  2 12 following:
  2 13    "Sec. ___.  Section 97B.50, subsection 2, Code
  2 14 1999, is amended by adding the following new
  2 15 paragraph:
  2 16    NEW PARAGRAPH.  c.  A vested member who terminated
  2 17 service due to a disability, who has been issued
  2 18 payment for a refund pursuant to section 97B.53, and
  2 19 who subsequently commences receiving disability
  2 20 benefits as a result of that disability pursuant to
  2 21 the federal Social Security Act, 42 U.S.C. } 423 et
  2 22 seq. or the federal Railroad Retirement Act, 45 U.S.C.
  2 23 } 231 et seq., may receive credit for membership
  2 24 service for the period covered by the refund payment,
  2 25 upon repayment to the department of the actuarial cost
  2 26 of receiving service credit for the period covered by
  2 27 the refund payment, as determined by the department.
  2 28 For purposes of this paragraph, the actuarial cost of
  2 29 the service purchase shall be determined as provided
  2 30 in section 97B.74.  The payment to the department as
  2 31 provided in this paragraph shall be made within ninety
  2 32 days after July 1, 2000, or the date federal
  2 33 disability payments commenced, whichever occurs later.
  2 34 For purposes of this paragraph, the date federal
  2 35 disability payments commence shall be the date that
  2 36 the member actually receives the first such payment,
  2 37 regardless of any retroactive payments included in
  2 38 that payment.  A member who repurchases service credit
  2 39 under this paragraph and applies for retirement
  2 40 benefits shall have the member's monthly allowance,
  2 41 including retroactive adjustment payments, determined
  2 42 in the same manner as provided in paragraph "a" or
  2 43 "b", as applicable.  This paragraph shall not be
  2 44 implemented until the system has received a
  2 45 determination letter from the federal internal revenue
  2 46 service approving the system's plan's qualified status
  2 47 under Internal Revenue Code section 401(a)."
  2 48    #16.  Page 43, line 3, by striking the words "An
  2 49 individual" and inserting the following:  "A
  2 50 beneficiary".
  3  1    #17.  Page 43, line 4, by striking the word
  3  2 "individual's" and inserting the following:
  3  3 "beneficiary's".
  3  4    #18.  Page 44, line 26, by striking the words
  3  5 "three calendar months" and inserting the following:
  3  6 "one calendar month".
  3  7    #19.  Page 51, by inserting after line 23 the
  3  8 following:
  3  9    "Sec.      Section 97B.73, subsection 1, Code 1999,
  3 10 is amended to read as follows:
  3 11    1.  a.  A vested or retired member who has one or
  3 12 more full calendar years of covered wages who was in
  3 13 public employment comparable to employment covered
  3 14 under this chapter in another state or in the federal
  3 15 government, or who was a member of another public
  3 16 retirement system in this state, including but not
  3 17 limited to the teachers insurance annuity association-
  3 18 college retirement equities fund, but who was not
  3 19 retired under that system, upon submitting
  3 20 verification of membership and service in the other
  3 21 public system to the department, including proof that
  3 22 the member has no further claim upon a retirement
  3 23 benefit from that other public system, may make
  3 24 contributions as provided by this section to the
  3 25 system either for the entire period of service in the
  3 26 other public system, or for partial service in the
  3 27 other public system in increments of one or more
  3 28 calendar quarters.  If the member wishes to transfer
  3 29 only a portion of the service value of another public
  3 30 system to this system and the other public system
  3 31 allows a partial withdrawal of a member's system
  3 32 credits, the member shall receive credit for
  3 33 membership service in this system equivalent to the
  3 34 period of service transferred from the other public
  3 35 system.
  3 36    b.  A vested or retired member who has five or more
  3 37 full calendar years of covered wages who was in public
  3 38 employment comparable to employment covered under this
  3 39 chapter in a qualified Canadian governmental entity
  3 40 may make contributions as provided by this section to
  3 41 the system and receive service credit, in increments
  3 42 of one or more calendar quarters, for up to the lesser
  3 43 of twenty quarters of service credit for such
  3 44 employment or the entire period of service in the
  3 45 other public system.  Prior to receiving service
  3 46 credit, the member shall submit verification of
  3 47 membership and service in the other public system to
  3 48 the department, including proof that the member has no
  3 49 further claim upon a retirement benefit from that
  3 50 other public system.  If the member wishes to transfer
  4  1 only a portion of the service value of another public
  4  2 system to this system and the other public system
  4  3 allows a partial withdrawal of a member's system
  4  4 credits, the member shall receive credit for
  4  5 membership service in this system equivalent to the
  4  6 period of service transferred from the other public
  4  7 system.  For purposes of this paragraph, "qualified
  4  8 Canadian governmental entity" means an elementary
  4  9 school, secondary school, college, or university that
  4 10 is organized, administered, and primarily supported by
  4 11 the provincial, territorial, or federal governments of
  4 12 Canada, or any combination of the same."
  4 13    #20.  Page 52, line 17, by inserting after the word
  4 14 "but" the following:  "at the time of the employment".
  4 15    #21.  Page 55, by inserting after line 16 the
  4 16 following:
  4 17    "Sec. 101.  IOWA PUBLIC EMPLOYEES' RETIREMENT
  4 18 SYSTEM – PAYMENT OF ALLOWANCES – ACTIVE MEMBER
  4 19 RETIREMENT.  Notwithstanding any provision of chapter
  4 20 97B to the contrary, an eligible member who terminates
  4 21 employment covered by chapter 97B on or after January
  4 22 1, 2000, shall have the member's monthly retirement
  4 23 allowance recalculated using the applicable formula
  4 24 for determining a retirement allowance pursuant to
  4 25 sections 97B.49A through 97B.49G, as applicable, in
  4 26 place at the time of the member's termination from
  4 27 employment.  For purposes of this section, an
  4 28 "eligible member" is a member who commenced receiving
  4 29 a retirement allowance pursuant to section 97B.48,
  4 30 subsection 3, prior to July 1, 2000."
  4 31    #22.  Page 55, by inserting after line 16 the
  4 32 following:
  4 33    "Sec.    .  IOWA PUBLIC EMPLOYEES' RETIREMENT
  4 34 SYSTEM – DEATH BENEFIT ELECTION.
  4 35    1.  Notwithstanding any provision of chapter 97B to
  4 36 the contrary, an eligible beneficiary may elect to
  4 37 receive a death benefit as provided by this section in
  4 38 an amount as authorized pursuant to section 52 of this
  4 39 Act.  For purposes of this section, an "eligible
  4 40 beneficiary" means a person who is eligible to
  4 41 receive, or has received, a death benefit pursuant to
  4 42 Iowa Code section 97B.52, subsection 1, Code 1999, as
  4 43 a beneficiary of a member of the Iowa public
  4 44 employees' retirement system who died on or after
  4 45 January 1, 1999, but before the date section 52 of
  4 46 this Act is implemented pursuant to section 74 of this
  4 47 Act.
  4 48    2.  An eligible beneficiary may elect to receive a
  4 49 death benefit in an amount as provided in section 52
  4 50 of this Act in lieu of a benefit as provided pursuant
  5  1 to section 97B.52, subsection 1, Code 1999, by filing
  5  2 a valid election with the Iowa public employees'
  5  3 retirement system in a manner prescribed by the system
  5  4 no later than one year following the date section 52
  5  5 of this Act is implemented pursuant to section 74 of
  5  6 this Act.
  5  7    3.  An eligible beneficiary who has received a
  5  8 death benefit pursuant to section 97B.52, subsection
  5  9 1, Code 1999, but who files an election to receive a
  5 10 death benefit as provided in this section shall make
  5 11 arrangements with the Iowa public employees'
  5 12 retirement system to repay any death benefits paid by
  5 13 the system to the eligible beneficiary prior to
  5 14 receipt of a death benefit as provided in this
  5 15 section.
  5 16    4.  The Iowa public employees' retirement system
  5 17 shall make all reasonable efforts to notify, in
  5 18 writing, each eligible beneficiary of the ability to
  5 19 elect to receive a death benefit as provided in this
  5 20 section in lieu of a death benefit provided pursuant
  5 21 to section 97B.52, subsection 1, Code 1999."
  5 22    #23.  Page 55, by inserting after line 21 the
  5 23 following:
  5 24    "Sec.    .  EFFECTIVE DATE.  Section 44 of this
  5 25 Act, amending section 97B.49F, subsection 2, paragraph
  5 26 "c", being deemed of immediate importance, takes
  5 27 effect upon enactment."
  5 28    #24.  Page 55, by inserting after line 21 the
  5 29 following:
  5 30    "Sec.    .  APPLICABILITY.  Section 97B.51,
  5 31 subsection 1, paragraph "d", subparagraph (2), as
  5 32 enacted in section 51 of this Act, shall be applicable
  5 33 on or after July 1, 2001."
  5 34    #25.  Page 55, by inserting after line 21 the
  5 35 following:
  5 36    "Sec.    .  EFFECTIVE DATE – RETROACTIVE
  5 37 APPLICABILITY.  Section 101 of this Act, being deemed
  5 38 of immediate importance, takes effect upon enactment
  5 39 and is retroactively applicable to January 1, 2000,
  5 40 and is applicable on and after that date."
  5 41    #26.  Page 56, lines 5 and 6, by striking the words
  5 42 "until the amendment to section 97B.50, subsection 1,
  5 43 is implemented,".
  5 44    #27.  Page 56, line 8, by inserting after the
  5 45 figure "97B.49H" the following:  "for the calendar
  5 46 year beginning January 1, 2001, and each subsequent
  5 47 calendar year, until the amendment to section 97B.50,
  5 48 subsection 1, is implemented".
  5 49    #28.  Page 56, lines 17 and 18, by striking the
  5 50 words "until the amendment to section 97B.52,
  6  1 subsection 1, is implemented,".
  6  2    #29.  Page 56, line 20, by inserting after the
  6  3 figure "97B.49H" the following:  "for the calendar
  6  4 year beginning January 1, 2001, and each subsequent
  6  5 calendar year, until the amendment to section 97B.52,
  6  6 subsection 1, is implemented".
  6  7    #30.  Page 81, by striking lines 5 through 15.
  6  8    #31.  Page 85, line 17, by striking the words
  6  9 "judicial branch" and inserting the following:  "state
  6 10 court administrator".
  6 11    #32.  Page 85, by inserting after line 35 the
  6 12 following:
  6 13    "Sec.    .  FIRE FIGHTER AND EMERGENCY MEDICAL
  6 14 SERVICES PROVIDER BENEFITS – REPORT.  The department
  6 15 of management shall conduct a study concerning the
  6 16 possible implementation of a system to provide
  6 17 retirement benefits to volunteer fire fighters and
  6 18 emergency medical service personnel and to provide
  6 19 death and survivor benefits, including but not limited
  6 20 to providing for payment of postsecondary education
  6 21 expenses of dependent children, when a volunteer fire
  6 22 fighter or emergency medical service provider dies in
  6 23 the line of duty.  The study shall examine what
  6 24 benefits should be provided, if any, as well as
  6 25 possible funding mechanisms to provide any such
  6 26 proposed benefits, including the use of excess
  6 27 insurance premium tax receipts, but excluding the fire
  6 28 and police retirement fund created in section 411.8.
  6 29 In conducting the study, the department shall consult
  6 30 with the department of public safety; the department
  6 31 of personnel; and representatives from the Iowa
  6 32 firemen's association; the Iowa fire chief's
  6 33 association; the Iowa association of professional
  6 34 firefighters; the Iowa association of professional
  6 35 fire chiefs; the Iowa firefighters group; the state
  6 36 fire service and emergency response council, if
  6 37 established by law, or the fire service institute
  6 38 advisory committee established by section 266.46; the
  6 39 Iowa emergency medical services association; and the
  6 40 Iowa league of cities.  The department shall submit a
  6 41 report concerning the results of its study, including
  6 42 any findings and recommendations, to the general
  6 43 assembly by January 8, 2001."
  6 44    #33.  By renumbering, relettering, or redesignating
  6 45 and correcting internal references as necessary.  
  6 46 SF 2411H
  6 47 ec/jg/25
     

Text: S05235                            Text: S05237
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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