Text: HSB00547                          Text: HSB00549
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 548

Bill Text

PAG LIN
  1  1    Section 1.  Section 97B.1A, Code Supplement 2003, is
  1  2 amended by adding the following new subsections:
  1  3    NEW SUBSECTION.  10A.  "Final average salary" means as
  1  4 follows:
  1  5    a.  For a member whose first date of service is before July
  1  6 1, 2004, the member's three-year average covered wage.
  1  7    b.  For a member whose first date of service is on or after
  1  8 July 1, 2004, the member's five-year average covered wage.
  1  9    NEW SUBSECTION.  10B.  "First date of service" means the
  1 10 later of the following, if applicable:
  1 11    a.  The date a person first enters service if no refund of
  1 12 contributions for service on that date is made.
  1 13    b.  The date an inactive nonvested member first reenters
  1 14 service if no refund of contributions for service on that date
  1 15 is made.
  1 16    NEW SUBSECTION.  11A.  a.  "Five-year average covered wage"
  1 17 means, for a member who retires prior to July 1, 2008, a
  1 18 member's covered wages averaged for the highest five years of
  1 19 the member's service, except as otherwise provided in this
  1 20 subsection.  The highest five years of a member's covered
  1 21 wages shall be determined using calendar years.  However, if a
  1 22 member's final quarter of a year of employment does not occur
  1 23 at the end of a calendar year, the system may determine the
  1 24 wages for the fifth year by computing the average quarter of
  1 25 all quarters from the member's highest calendar year of
  1 26 covered wages not being used in the selection of the four
  1 27 highest years and using the computed average quarter for each
  1 28 quarter in the fifth year in which no wages have been reported
  1 29 in combination with the final quarter or quarters of the
  1 30 member's service to create a full year.  However, the system
  1 31 shall not use the member's final quarter of wages if using
  1 32 that quarter would reduce the member's five-year average
  1 33 covered wage.  Notwithstanding any other provision of this
  1 34 paragraph to the contrary, a member's wages for the fifth year
  1 35 as computed by this paragraph shall not exceed, by more than
  2  1 three percent, the member's highest actual calendar year of
  2  2 covered wages.
  2  3    b.  "Five-year average covered wage" means, for a member
  2  4 who retires on or after July 1, 2008, the greater of the
  2  5 member's covered wages averaged for a member's highest twenty
  2  6 consecutive quarters of service or the member's covered wages
  2  7 averaged for a member's highest five calendar years of
  2  8 service.  The system shall adopt rules to implement this
  2  9 paragraph in accordance with the requirements of this chapter
  2 10 and the federal Internal Revenue Code.
  2 11    Sec. 2.  Section 97B.11, Code Supplement 2003, is amended
  2 12 to read as follows:
  2 13    97B.11  CONTRIBUTIONS BY EMPLOYER AND EMPLOYEE.
  2 14    1.  Each employer shall deduct from the wages of each
  2 15 member of the retirement system a contribution in the amount
  2 16 of three and seven-tenths percent the applicable employee
  2 17 percentage of the covered wages paid by the employer, until
  2 18 the member's termination from employment.  The contributions
  2 19 of the employer shall be in the amount of five and seventy-
  2 20 five hundredths percent the applicable employer percentage of
  2 21 the covered wages of the member.
  2 22    2.  For purposes of this section, the "applicable employee
  2 23 percentage" is as follows:
  2 24    a.  Prior to July 1, 2005, three and seven-tenths percent.
  2 25    b.  Beginning on or after July 1, 2005, but before July 1,
  2 26 2006, four and one-tenths percent.
  2 27    c.  Beginning on or after July 1, 2006, but before July 1,
  2 28 2007, four and one-half percent.
  2 29    d.  Beginning on or after July 1, 2007, but before July 1,
  2 30 2008, four and nine-tenths percent.
  2 31    e.  Beginning on or after July 1, 2008, five and three-
  2 32 tenths percent.
  2 33    3.  For purposes of this section, the "applicable employer
  2 34 percentage" is as follows:
  2 35    a.  Prior to July 1, 2005, five and seventy-five hundredths
  3  1 percent.
  3  2    b.  Beginning on or after July 1, 2005, but before July 1,
  3  3 2006, six and thirty-five hundredths percent.
  3  4    c.  Beginning on or after July 1, 2006, but before July 1,
  3  5 2007, six and ninety-five hundredths percent.
  3  6    d.  Beginning on or after July 1, 2007, but before July 1,
  3  7 2008, seven and fifty-five hundredths percent.
  3  8    e.  Beginning on or after July 1, 2008, eight and fifteen
  3  9 hundredths percent.
  3 10    Sec. 3.  Section 97B.49A, subsection 3, Code Supplement
  3 11 2003, is amended to read as follows:
  3 12    3.  CALCULATION OF MONTHLY ALLOWANCE.  For each active or
  3 13 inactive vested member retiring on or after July 1, 1994, with
  3 14 four or more complete years of service, a monthly benefit
  3 15 shall be computed which is equal to one-twelfth of an amount
  3 16 equal to the applicable percentage of the three-year average
  3 17 covered wage member's final average salary multiplied by a
  3 18 fraction of years of service.  However, if benefits under this
  3 19 section commence on an early retirement date, the amount of
  3 20 the benefit shall be reduced in accordance with section
  3 21 97B.50.
  3 22    Sec. 4.  Section 97B.49B, subsections 2 and 4, Code
  3 23 Supplement 2003, are amended to read as follows:
  3 24    2.  CALCULATION OF MONTHLY ALLOWANCE.  Notwithstanding
  3 25 other provisions of this chapter, a member who is or has been
  3 26 employed in a protection occupation who retires on or after
  3 27 July 1, 1994, and at the time of retirement is at least fifty-
  3 28 five years of age may elect to receive, in lieu of the receipt
  3 29 of any benefits as calculated pursuant to section 97B.49A or
  3 30 97B.49D, a monthly retirement allowance equal to one-twelfth
  3 31 of an amount equal to the applicable percentage of the three-
  3 32 year average covered wage member's final average salary as a
  3 33 member who has been employed in a protection occupation
  3 34 multiplied by a fraction of years of service, with benefits
  3 35 payable during the member's lifetime.
  4  1    4.  Notwithstanding any provision of this chapter to the
  4  2 contrary, the three-year average covered wage final average
  4  3 salary for a member retiring under this section whose years of
  4  4 eligible service equals or exceeds twenty-two years of
  4  5 eligible service for that member shall be determined by
  4  6 calculating the member's eligible combined wage for each year
  4  7 of eligible service.  For purposes of this subsection,
  4  8 "eligible combined wage" means the wages earned by the member
  4  9 for each quarter year period from eligible service and from
  4 10 covered employment that is not eligible service if at least
  4 11 seventy-five percent of the wages earned was from eligible
  4 12 service.
  4 13    Sec. 5.  Section 97B.49C, subsections 2 and 4, Code
  4 14 Supplement 2003, are amended to read as follows:
  4 15    2.  CALCULATION OF MONTHLY ALLOWANCE.  Notwithstanding
  4 16 other provisions of this chapter, a member who retires from
  4 17 employment as a sheriff, deputy sheriff, or airport fire
  4 18 fighter on or after July 1, 1994, and at the time of
  4 19 retirement is at least fifty-five years of age may elect to
  4 20 receive, in lieu of the receipt of any benefits as calculated
  4 21 pursuant to section 97B.49A or 97B.49D, a monthly retirement
  4 22 allowance equal to one-twelfth of an amount equal to the
  4 23 applicable percentage of the three-year average covered wage
  4 24 member's final average salary as a member who has been
  4 25 employed in eligible service multiplied by a fraction of years
  4 26 of service, with benefits payable during the member's
  4 27 lifetime.
  4 28    4.  Notwithstanding any provision of this chapter to the
  4 29 contrary, the three-year average covered wage final average
  4 30 salary for a member retiring under this section whose years of
  4 31 eligible service equals or exceeds twenty-two years of
  4 32 eligible service for that member shall be determined by
  4 33 calculating the member's eligible combined wage for each
  4 34 quarter year of eligible service.  For purposes of this
  4 35 subsection, "eligible combined wage" means the wages earned by
  5  1 the member for each quarter year period from eligible service
  5  2 and from covered employment that is not eligible service if at
  5  3 least seventy-five percent of the wages earned was from
  5  4 eligible service.
  5  5    Sec. 6.  Section 97B.49D, subsection 1, paragraphs a, b,
  5  6 and c, Code Supplement 2003, are amended to read as follows:
  5  7    a.  One-twelfth of an amount equal to the applicable
  5  8 percentage of the member's three-year average covered wage
  5  9 final average salary multiplied by a fraction of years of
  5 10 service.  The fraction of years of service for purposes of
  5 11 this paragraph shall be the actual years of service, not to
  5 12 exceed thirty, for which regular service contributions were
  5 13 made, divided by thirty.  However, any otherwise applicable
  5 14 age reduction for early retirement shall apply to the
  5 15 calculation under this paragraph.
  5 16    b.  One-twelfth of an amount equal to the applicable
  5 17 percentage of the member's three-year average covered wage
  5 18 final average salary multiplied by a fraction of years of
  5 19 service.  The fraction of years of service for purposes of
  5 20 this paragraph shall be the actual years of service, not to
  5 21 exceed the applicable years of service for the member as
  5 22 defined in section 97B.49B, earned in a position described in
  5 23 section 97B.49B, for which special service contributions were
  5 24 made, divided by the applicable years of service for the
  5 25 member as defined in section 97B.49B.  In calculating the
  5 26 fractions of years of service under the paragraph, a member
  5 27 shall not receive special service credit for years of service
  5 28 for which the member and the member's employer did not make
  5 29 the required special service contributions to the system.
  5 30    c.  One-twelfth of an amount equal to the applicable
  5 31 percentage of the member's three-year average covered wage
  5 32 final average salary multiplied by a fraction of years of
  5 33 service.  The fraction of years of service for purposes of
  5 34 this paragraph shall be the actual years of service, not to
  5 35 exceed twenty-two, earned in a position described in section
  6  1 97B.49C, for which special service contributions were made,
  6  2 divided by twenty-two.  In calculating the fractions of years
  6  3 of service under this paragraph, a member shall not receive
  6  4 special service credit for years of service for which the
  6  5 member and the member's employer did not make the required
  6  6 special service contributions to the system.
  6  7    Sec. 7.  Section 97B.50, subsection 1, paragraph a, Code
  6  8 Supplement 2003, is amended to read as follows:
  6  9    a.  For a member who is less than sixty-two years of age
  6 10 whose first date of service is before July 1, 2004, by twenty-
  6 11 five hundredths of one percent per month for each month that
  6 12 the early retirement date precedes the normal retirement date.
  6 13    Sec. 8.  Section 97B.50, subsection 1, paragraph b, Code
  6 14 Supplement 2003, is amended by striking the paragraph and
  6 15 inserting in lieu thereof the following:
  6 16    b.  For a member whose first date of service is on or after
  6 17 July 1, 2004, by the actuarial cost to the system for each
  6 18 month that the early retirement date precedes the normal
  6 19 retirement date.
  6 20    Sec. 9.  Section 97B.50A, subsection 1, paragraph c, Code
  6 21 Supplement 2003, is amended to read as follows:
  6 22    c.  "Reemployment comparison amount" means an amount equal
  6 23 to the current covered wages of an active special service
  6 24 member at the same position on the salary scale within the
  6 25 rank or position the member held at the time the member
  6 26 received a disability retirement allowance pursuant to this
  6 27 section.  If the rank or position held by the member at the
  6 28 time of retirement pursuant to this section is abolished, the
  6 29 amount shall be computed by the system as though the rank or
  6 30 position had not been abolished and salary increases had been
  6 31 granted on the same basis as granted to other ranks or
  6 32 positions by the former employer of the member.  The
  6 33 reemployment comparison amount shall not be less than the
  6 34 three-year average covered wage final average salary of the
  6 35 member, based on all regular and special service covered under
  7  1 this chapter.
  7  2    Sec. 10.  Section 97B.50A, subsection 2, paragraph d, Code
  7  3 Supplement 2003, is amended to read as follows:
  7  4    d.  Upon retirement for an in-service disability as
  7  5 provided by this subsection, a member shall have the option to
  7  6 receive a monthly in-service disability retirement allowance
  7  7 calculated under this subsection or a monthly retirement
  7  8 allowance as provided in section 97B.49A, 97B.49B, 97B.49C,
  7  9 97B.49D, or 97B.49G, as applicable, that the member would
  7 10 receive if the member had attained fifty-five years of age.
  7 11 The monthly in-service disability allowance calculated under
  7 12 this subsection shall consist of an allowance equal to one-
  7 13 twelfth of sixty percent of the member's three-year average
  7 14 covered wage final average salary or its actuarial equivalent
  7 15 as provided under section 97B.51.
  7 16    Sec. 11.  Section 97B.50A, subsection 3, paragraph c, Code
  7 17 Supplement 2003, is amended to read as follows:
  7 18    c.  Upon retirement for an ordinary disability as provided
  7 19 by this subsection, a member shall receive the greater of a
  7 20 monthly ordinary disability retirement allowance calculated
  7 21 under this subsection or a monthly retirement allowance as
  7 22 provided in section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or
  7 23 97B.49G, as applicable.  The monthly ordinary disability
  7 24 allowance calculated under this subsection shall consist of an
  7 25 allowance equal to one-twelfth of fifty percent of the
  7 26 member's three-year average covered wage final average salary
  7 27 or its actuarial equivalent as provided under section 97B.51.  
  7 28                           EXPLANATION
  7 29    This bill makes changes to the Iowa public employees'
  7 30 retirement system (IPERS) relating to contributions made to
  7 31 the system by employers and employees and the calculation of a
  7 32 pension for normal and early retirement.
  7 33    Code section 97B.1A is amended to add a definition for a
  7 34 member's first date of service which is the later of the date
  7 35 a person is first paid covered wages as an employee covered by
  8  1 IPERS if no refund of contributions is made or the date an
  8  2 inactive nonvested member first reenters employment under
  8  3 IPERS if no refund of contributions for service on that date
  8  4 is made.
  8  5    The bill amends Code chapter 97B to provide that a member
  8  6 whose first date of service under IPERS is on or after July 1,
  8  7 2004, shall have their retirement allowance calculated based
  8  8 upon the member's five-year average covered wage instead of
  8  9 the member's three-year average covered wage.
  8 10    Code section 97B.11 is amended to increase, over a four-
  8 11 year period beginning July 1, 2005, contributions to the
  8 12 system from the employer and employee.  Currently, the
  8 13 employer rate is 5.75 percent and the employee rate is 3.7
  8 14 percent of a member's covered wages.  The bill increases the
  8 15 employer rate by .6 percent each fiscal year beginning July 1,
  8 16 2005, until the rate reaches 8.15 percent beginning July 1,
  8 17 2008.  The bill increases the employee percentage by .4
  8 18 percent each fiscal year beginning July 1, 2005, until the
  8 19 rate reaches 5.3 percent beginning July 1, 2008.
  8 20    Code section 97B.50, concerning the calculation of a
  8 21 member's retirement allowance for an early retirement, is also
  8 22 amended.  Currently, a member's retirement allowance is
  8 23 reduced by .25 percent for each month the member retires prior
  8 24 to the member's normal retirement date.  The bill provides
  8 25 that a member whose first date of service is on or after July
  8 26 1, 2004, shall have their retirement allowance reduced by the
  8 27 actuarial cost to the system for each month that the early
  8 28 retirement date precedes the member's normal retirement date.  
  8 29 LSB 5452XL 80
  8 30 ec/sh/8
     

Text: HSB00547                          Text: HSB00549
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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