97B.48  Payment of allowances.

1.  Retirement allowances shall be paid monthly, except that an allowance of less than six hundred dollars a year may, at the member's option, be paid as a lump sum in an amount equal to the sum of the member's and employer's accumulated contributions and the retirement dividends standing to the member's credit before December 31, 1966. Receipt of the lump-sum payment by a member shall terminate any and all entitlement for the period of service covered of the member under this chapter and the member shall not be eligible to buy back the period of service.

2.  The first monthly payment of a normal retirement allowance shall be paid as of the normal retirement effective date, which date shall be the later of the normal retirement date or the first day of the sixth calendar month preceding the month in which written notice of normal retirement is submitted to the department. Written notice under this section may consist of submission of a completed estimate request form, a completed application for retirement form, or a letter from the member requesting information on retirement benefits, whichever is received first by the department. However, a letter requesting information on benefits or submission of a completed estimate request form is only valid for six months following the date of its receipt by the department, unless during that six-month period the department receives a completed application for retirement form from the member. A retirement allowance may only be provided retroactively for a single six-month period. Payment of an early retirement allowance or an allowance for retirement after the normal retirement date shall be paid as of the effective date of retirement subject to section 97B.45, 97B.46, or 97B.47. The payments shall be continued thereafter for the lifetime of the retired member except as provided in section 97B.48A.

3.  As of the first of the month in which a member attains the age of seventy years, the department shall provide written notification to the member that the member may commence receiving a retirement allowance regardless of the member's employment status. Prior to receiving a retirement allowance pursuant to this subsection, a member shall acknowledge in writing that the member was informed by the department of the consequences of electing to receive a retirement allowance pursuant to this subsection and that receipt of a retirement allowance under this subsection is optional. Upon termination from employment of a member receiving a retirement allowance pursuant to this subsection, the member is entitled to have the member's monthly retirement allowance recalculated using the applicable formula for determining a retirement allowance pursuant to sections 97B.49A through 97B.49G, as applicable, in place at the time of the member's first month of entitlement.

4.  Payment of a member's retirement allowance pursuant to sections 97B.49A through 97B.49H shall commence no later than the required beginning date specified under section 401(a)(9) of the federal Internal Revenue Code regardless of whether the member has submitted the appropriate notice to receive an allowance. If the lump sum actuarial equivalent under section 97B.48, subsection 1, could have been selected by the member, payments shall be made in a lump sum rather than as a monthly allowance.

5.  In the event that all, or any portion, of the retirement allowance payable to a member pursuant to subsection 4 shall remain unpaid solely by reason of the inability of the department to locate the member, the amounts payable shall be forfeited. If the member is located after the amounts payable are forfeited, the amounts payable shall be restored.

Section History: Early form

  [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 97B.48; 82 Acts, ch 1261, § 18]

Section History: Recent form

  88 Acts, ch 1242, § 35; 90 Acts, ch 1240, § 26, 27; 92 Acts, ch 1201, § 40, 41; 94 Acts, ch 1183, §29; 96 Acts, ch 1187, § 27; 98 Acts, ch 1183, § 30, 31; 2000 Acts, ch 1077, §31, 32

Internal References

  Referred to in § 97B.48A, 97B.52, 97B.52A


  Exception to formula for recalculation of monthly retirement allowance for certain members terminating employment on or after January 1, 2000, but prior to July 1, 2000; 2000 Acts, ch 1077, § 74, 79

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