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House File 2021

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.9106, Code 2003, is amended to read
  1  2 as follows:
  1  3    602.9106  RETIREMENT.
  1  4    Any person who shall have become separated from service as
  1  5 a judge of any of the courts included in this article and who
  1  6 has had an aggregate of at least six four years of service as
  1  7 a judge of one or more of such courts and shall have attained
  1  8 the age of sixty-five years or who has had twenty-five years
  1  9 of consecutive service as a judge of one or more of said
  1 10 courts, and who shall have otherwise qualified as provided in
  1 11 this article, shall be entitled to an annuity as hereinafter
  1 12 provided.
  1 13    Sec. 2.  Section 602.9107C, subsection 1, Code 2003, is
  1 14 amended to read as follows:
  1 15    1.  A judge under this system who has at least six four
  1 16 years of service as a judge of any of the courts included in
  1 17 this article and who was a member of the Iowa public
  1 18 employees' retirement system as provided in chapter 97B, but
  1 19 who was not retired under that system, upon submitting
  1 20 verification of membership and service in the Iowa public
  1 21 employees' retirement system to the court administrator,
  1 22 including proof that the judge has no further claim upon a
  1 23 retirement benefit from that public system, may make
  1 24 contributions as provided by this section to the system either
  1 25 for the entire period of service in the other public system,
  1 26 or for partial service in the other public system in
  1 27 increments of one or more calendar quarters, and receive
  1 28 credit for that service under the system.
  1 29    Sec. 3.  Section 602.9108, Code 2003, is amended to read as
  1 30 follows:
  1 31    602.9108  INDIVIDUAL ACCOUNTS – REFUNDING.
  1 32    The amount designated as the judge's contribution to the
  1 33 judicial retirement fund in section 602.9104, subsection 1,
  1 34 and all amounts paid into the fund by a judge shall be
  1 35 credited to the individual account of the judge.  If a judge
  2  1 covered under this article becomes separated from service as a
  2  2 judge before the judge completes an aggregate of six four
  2  3 years of service as a judge of one or more of the courts, the
  2  4 total amount in the judge's individual account shall be
  2  5 returned to the judge or the judge's legal representatives
  2  6 within one year of the separation.  If a judge, who is covered
  2  7 under this article and who has completed an aggregate of six
  2  8 four years or more of service as a judge of one or more of the
  2  9 courts, dies before retirement, without a survivor, the total
  2 10 amount in the judge's individual account shall be paid in one
  2 11 sum to the judge's legal representatives within one year of
  2 12 the judge's death.  If an annuitant under this section dies
  2 13 without a survivor, and without having received in annuities
  2 14 an amount equal to the total amount in the judge's individual
  2 15 account at the time of separation from service, the amount
  2 16 remaining to the annuitant's credit shall be paid in one sum
  2 17 to the annuitant's legal representatives within one year of
  2 18 the annuitant's death.
  2 19    Sec. 4.  Section 602.9112, Code 2003, is amended to read as
  2 20 follows:
  2 21    602.9112  VOLUNTARY RETIREMENT FOR DISABILITY.
  2 22    Any judge of the supreme, district or municipal court,
  2 23 including a district associate judge, or a judge of the court
  2 24 of appeals, who shall have served as a judge of one or more of
  2 25 such courts for a period of six four years in the aggregate
  2 26 and who believes the judge has become permanently
  2 27 incapacitated, physically or mentally, to perform the duties
  2 28 of the judge's office may personally or by the judge's next
  2 29 friend or guardian file with the court administrator a written
  2 30 application for retirement.  The application shall be filed in
  2 31 duplicate and accompanied by an affidavit as to the duration
  2 32 and particulars of the judge's service and the nature of the
  2 33 judge's incapacity.  The court administrator shall forthwith
  2 34 transmit one copy of the application and affidavit to the
  2 35 chief justice who shall request the attorney general in
  3  1 writing to cause an investigation to be made relative to the
  3  2 claimed incapacity and report back the results thereof in
  3  3 writing.  If the chief justice finds from the report of the
  3  4 attorney general that the applicant is permanently
  3  5 incapacitated, physically or mentally, to perform the duties
  3  6 of the applicant's office the chief justice shall by
  3  7 endorsement thereon declare the applicant retired, and the
  3  8 office vacant, and shall file the report in the office of the
  3  9 court administrator, and a copy in the office of the secretary
  3 10 of state.  From the date of such filing the applicant shall be
  3 11 deemed retired from the applicant's office and entitled to the
  3 12 benefits of this article to the same extent as if the
  3 13 applicant had retired under the provisions of section
  3 14 602.9106.  
  3 15                           EXPLANATION
  3 16    This bill reduces the vesting requirement for a judge under
  3 17 the judicial retirement system from six years to four years.
  3 18 Once a judge vests under the system, the judge is eligible to
  3 19 obtain a retirement annuity.  A judge who leaves service prior
  3 20 to vesting receives only the contributions the judge made to
  3 21 the system during that service.  Covered judges under the
  3 22 system generally include all appellate, district, and district
  3 23 associate judges.  
  3 24 LSB 5335HH 80
  3 25 ec/sh/8
     

Text: HF02020                           Text: HF02022
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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